Setting up a company in Thailand involves navigating a well-defined process to ensure compliance with local regulations and market demands.
Thailand’s vibrant economy, strategic location, and attractive business environment make it an appealing destination for foreign investors.
In this guide, we’ll be outlining the key steps required to establish a company in Thailand.
Choosing the right business structure
Thailand offers three types of business structures to accommodate different business needs:
- Partnership: A type of entity formed by the agreement of two or more individuals to operate a business as co-owners. Includes ordinary and limited partnerships, with varying degrees of liability and tax implications.
- Limited company: The most popular choice for foreign investors, offering limited liability and flexible ownership structures. Includes private and public limited companies.
- Joint venture: Involves a group of people entering into an agreement to conduct business together.
Registration process
The registration process involves the following steps:
- Reserve a company name: The chosen name must be unique and approved by the Department of Business Development (DBD). This can be done online and typically takes 1-3 days.
- File the Memorandum of Association: This document includes the company’s name, registered office, objectives, and details of the shareholders and directors.
- Arrange a Statutory Meeting: During this meeting, the company’s by-laws are adopted, directors are appointed, and shares are allocated.
- Register with the Ministry of Commerce: The final step requires the submission of all necessary documents and payment of registration fees.
Obtaining licenses and permits
Depending on the nature of the organisation, additional licenses may be required. VAT registration is mandatory for companies with an annual income exceeding 1.8 million THB.
Specific industries, such as tourism, food services, and manufacturing, require additional business licenses and permits before commencing operations. Additionally, work permits are necessary for foreign directors and employees.
Tax registration and compliance
Upon registration, companies must register for corporate income tax and obtain a tax identification number from the Revenue Department. It is essential to comply with Thai tax laws, which include submitting monthly VAT returns, withholding tax reports, and annual financial statements.
Seeking advice from specialist tax and consulting experts can ensure adherence to all tax obligations and optimise your organisation’s strategy. These experts can also assist in understanding any exemptions or incentives provided by the Thai government.
Employment considerations
When hiring employees, businesses must comply with Thai labour laws, which include:
- Work permits and visas: Required for foreign employees, with specific ratios of Thai to foreign workers mandated.
- Social Security registration: Companies must register for Social Security and contribute to the social fund monthly for all employees.
- Employment contracts: Must adhere to Thai labour standards, including minimum wage, working hours, and employee benefits.
Opening a corporate bank account
Opening a corporate bank account in Thailand is straightforward but requires the physical presence of the company director at the bank.
Essential documents include the company’s registration certificate, the Memorandum of Association, and the directors’ identification documents. Corporate bank accounts facilitate smooth financial transactions and are necessary for daily operations.
