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Thailand Business Legal Questions answered by Lawyers

Browse our 14 legal questions about Business in Thailand and the lawyer answers, or ask your own questions for free.

Company transfer and name change
Immigration
Business
Yes, transferring an existing Thai company to another person and changing ownership is possible. This is done through a share transfer process, where the current shareholder(s) legally transfer their shares to the new owner. Once the transfer is completed, you can change the company director and update the company records with the Department of Business Development (DBD).Procedure Overview – Company Transfer & Name Change:Share Transfer Agreement – The outgoing shareholder signs a document to transfer their shares to the new owner.Update Shareholder List – The company updates its shareholder register and issues new share certificates.Director Change (if needed) – If the new owner also becomes the director, a board resolution and form for DBD filing must be prepared.Update Company Name (optional) – If you want to change the company’s name, this is a separate process requiring shareholder approval and DBD filing.Submit to DBD – All updated documents are filed with the DBD to finalize the change.Estimated Costs:Share Transfer & DBD Filing: THB 6,000 – 12,000 (depending on the complexity and whether legal assistance is used)Name Change Filing: ~THB 3,000Legal Service (if needed): THB 10,000 – 25,000 (approx.)
Inquiry Regarding Licensing Requirements for Cryptocurrency ATMs in Thailand
Business
Licensing
New Business Formation
Business Registration
Dear prospective client,Thank you for reaching out with your inquiry regarding the licensing requirements for operating cryptocurrency ATMs in Thailand.In order to operate cryptocurrency ATMs in Thailand, operators are required to comply with specific regulations issued by the Securities and Exchange Commission (SEC) of Thailand. The primary license that cryptocurrency ATM operators need to apply for is a Digital Asset Business License. This license allows businesses to operate as cryptocurrency exchanges, brokers, or dealers, all of which may be relevant depending on the services offered by the ATM.Additionally, there are stringent compliance measures relating to Anti-Money Laundering (AML) and Know Your Customer (KYC) requirements that need to be adhered to in line with Thai law.For a comprehensive overview of the regulations surrounding digital assets in Thailand, including cryptocurrency ATMs, I invite you to visit our website for detailed insights:Digital Asset Regulations in Thailand: A Comprehensive Overview https://mahanakornpartners.com/digital-asset-regulations-in-thailand-a-comprehensive-overview/Should you have any further questions or need more personalized assistance, feel free to reach out.Best regards,Mahanakorn Partners Group (MPG)
Airbnb in Thailand
Immigration
Business
International
Short answers for your questions 1)  In Thailand, you can do business by individual or setting up a company. However, if owner is foreigner, may cannot do most business unless get approved by governor officer or some section form Thai regulations. Presently, LLC need 3 persons for set-up.2) Yes, in Thailand has specific regulation for foreigner who want to do business in Thailand.For more details please contact us directly at Sorasak Law Firm.

About Business Law in Bang Khae, Thailand

Bang Khae, a bustling district located in western Bangkok, is a vibrant area with numerous small businesses, retail outlets, markets, and service providers. Business law in Bang Khae aligns with Thai national regulations while taking into account the unique character and commercial environment of the district. From registering a business and leasing premises to resolving disputes and understanding labor laws, business law plays a crucial role in ensuring that commercial activities are conducted legally and efficiently. Navigating the legal landscape in Bang Khae requires an understanding of not only Thai law but also local regulations and customary business practices.

Why You May Need a Lawyer

There are several scenarios where engaging a legal professional is essential for business owners or aspiring entrepreneurs in Bang Khae. Common situations include:

  • Registering a new company, partnership, or branch office
  • Drafting and reviewing contracts for suppliers, employees, or landlords
  • Handling disputes with partners, employees, or customers
  • Navigating tax registration and compliance issues
  • Managing mergers, acquisitions, or the sale of a business
  • Intellectual property protection, such as trademark registration
  • Ensuring compliance with zoning and local business regulations
  • Dealing with labor law matters, including employment contracts and terminations
  • Immigration law matters affecting businesses with foreign owners or staff
  • Resolving issues related to business licensing and permits

Legal advice can save you time and money by helping to avoid costly mistakes and by ensuring your business operates within the law.

Local Laws Overview

Businesses operating in Bang Khae must comply with both central government regulations and local ordinances. Key legal aspects include:

  • Business Registration - All businesses must be registered with the Department of Business Development. The process includes selecting the appropriate business structure, such as sole proprietorship, partnership, or company limited.
  • Licensing and Permits - Certain businesses require additional local permits, especially those related to food and beverage, retail, and import-export activities.
  • Zoning Regulations - Businesses must operate in areas zoned for commercial activity and obtain relevant permissions from the Bangkok Metropolitan Administration.
  • Labor Laws - Businesses must adhere to Thai labor laws covering employment contracts, minimum wage, social security, and workplace safety.
  • Taxation - Compliance with corporate income tax, VAT, and local taxes is strictly enforced.
  • Foreign Business Restrictions - The Foreign Business Act limits foreign ownership in certain sectors, requiring special approvals for non-Thai nationals.
  • Consumer Protection - Businesses must ensure honesty in advertising and sales under the Consumer Protection Act.

Understanding these elements is essential for lawful operation within Bang Khae and Thailand generally.

Frequently Asked Questions

What are the common business structures in Bang Khae?

The most popular options are sole proprietorship, partnership, and company limited. Each has different registration requirements, liability implications, and tax obligations.

Is it necessary to register my business in Bang Khae?

Yes, all operating businesses must be registered with the Department of Business Development or relevant authorities, depending on structure and activity.

Can foreigners own a business in Bang Khae?

Foreigners can own businesses, but there are restrictions in certain sectors under the Foreign Business Act, and some types of business require majority Thai ownership or additional permits.

How do I obtain a business license in Bang Khae?

Business licenses are issued by various authorities depending on the business type. Food businesses, for example, require hygiene and safety permits from the district office.

What are the employee rights under Thai law?

Employees are entitled to minimum wage, fair working hours, paid leave, severance pay, and social security contributions from their employer. Thai labor law provides strong protection for employees.

What taxes do businesses in Bang Khae need to pay?

Key taxes include corporate income tax, value added tax (VAT), withholding tax, and local signboard tax. The exact taxes vary depending on the business activity.

How can I resolve a commercial dispute with a partner or supplier?

Most disputes can be settled through negotiation or mediation. If an agreement cannot be reached, parties can pursue remedies in Thai court. Legal counsel is recommended for guidance.

Do I need a lawyer for contract drafting?

Although it is not mandatory, having a lawyer draft or review your contracts ensures your interests are protected and that contracts are enforceable under Thai law.

What is required to protect my business name or logo?

Registering your trademark with the Department of Intellectual Property provides legal protection and helps prevent others from using your business identity without permission.

Are there specific regulations for online businesses in Bang Khae?

Yes, online businesses must comply with e-commerce laws, consumer protection standards, and relevant tax regulations. Additional permits may apply depending on product or service type.

Additional Resources

Several resources and organizations can provide useful information or assistance for business owners in Bang Khae:

  • Department of Business Development (DBD) - Handles business registration and corporate filings
  • Bangkok Metropolitan Administration (BMA) - Issues local business licenses and zoning permissions
  • Department of Intellectual Property (DIP) - For trademark, patent, and copyright matters
  • Board of Investment (BOI) - Supports foreign investors and provides incentives
  • Office of the Consumer Protection Board - Monitors compliance with consumer protection laws
  • The Federation of Thai Industries and Thai Chamber of Commerce - Offers networking and business support
  • Local legal aid centers and business advisory services based in Bangkok

Next Steps

If you need legal advice or assistance for your business in Bang Khae, consider these steps:

  • Clearly define your legal issue or business goal
  • Gather all relevant documentation such as contracts, licenses, or correspondence
  • Consult a qualified Thai business lawyer with experience in Bang Khae to discuss your case
  • Evaluate legal opinions or solutions offered before making decisions
  • Stay updated on changes in business laws and regulations affecting your industry
  • Maintain records of all legal and regulatory compliance to avoid future issues

Proactively seeking sound legal counsel can help you establish, operate, and grow your business with confidence in Bang Khae, Thailand.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.