Best Business Lawyers in Bang Khen
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Find a Lawyer in Bang KhenThailand 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
- 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
- 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
- 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 Khen, Thailand
Bang Khen is a district in northern Bangkok with a mix of residential neighborhoods, universities, retail corridors, logistics hubs, and light industrial areas. If you plan to start or operate a business here, you will navigate national Thai laws along with Bangkok Metropolitan Administration rules and Bang Khen District Office procedures. Thai business law is primarily set at the national level through the Civil and Commercial Code, the Foreign Business Act, tax laws, labor laws, and sector specific regulations. Local authorities handle location specific matters such as premises licensing, signage, sanitation, and building control.
Common business structures include the private limited company, registered partnerships, branch offices, and representative offices. Foreign ownership is possible but may be limited or require a license or promotion depending on your sector. Businesses engaging in sales of goods or services must consider corporate income tax, value added tax, withholding tax, and social security for employees. Data privacy, consumer protection, advertising, and intellectual property rules are increasingly important for both brick and mortar and online operators in Bang Khen.
Why You May Need a Lawyer
Business owners often consult a lawyer to choose and register the right entity, draft shareholder agreements, and structure Thai and foreign ownership in compliance with the Foreign Business Act. A lawyer can advise on whether a foreign business license, Treaty of Amity status, or Board of Investment promotion is feasible for your model.
Commercial leases in Bang Khen should be carefully reviewed for permitted uses, renovation rights, rent adjustments, and compliance with Bangkok building control rules. If you plan to open a restaurant, bar, clinic, school, logistics depot, or factory, counsel can map out the permits and health and safety approvals required at district and national levels and help with inspections and conditions.
Employment law is detailed under the Labor Protection Act. A lawyer can prepare compliant employment contracts, internal regulations, and termination procedures, and advise on overtime, leave, and severance. For foreign hires, counsel can coordinate non immigrant B visas, work permits, and any ratios or capital requirements, and recommend alternatives such as BOI or SMART Visa where applicable.
Disputes are another reason to seek help. Lawyers can draft and negotiate vendor agreements, NDAs, and service contracts to prevent disputes, and represent you in court or arbitration if conflicts arise. They can also guide you through compliance programs for PDPA data privacy, advertising and labeling rules, and consumer complaints to reduce enforcement risk and penalties.
Local Laws Overview
Entity formation and ownership. Private limited companies are registered with the Department of Business Development. As of recent reforms, at least 2 shareholders are required for a private limited company. Foreign ownership may be limited in certain service sectors under the Foreign Business Act. Fully foreign owned options may be available via BOI promotion, the US Thai Treaty of Amity for eligible US entities, or specific sector exemptions. Representative offices and branch offices follow different rules from Thai companies and often require approval and minimum capital.
Taxation. Corporate income tax is generally 20 percent of net profits, with incentives available for promoted activities. Value added tax currently applies at a 7 percent standard rate. Compulsory VAT registration is generally required once annual taxable turnover exceeds 1.8 million baht. Some activities are subject to specific business tax rather than VAT. Withholding tax applies to many domestic service payments and cross border payments. Businesses must obtain a taxpayer identification number, maintain proper accounts, and file returns as required by the Revenue Department.
Accounting and audits. Thai companies must maintain accounts in Thai language and Thai baht, follow Thai Financial Reporting Standards, and file annual audited financial statements with the Department of Business Development. Smaller companies may use TFRS for NPAEs. Timely bookkeeping and retention of source documents is essential for tax audits.
Employment. The Labor Protection Act sets minimum standards for wages, hours, overtime, holidays, leave, and termination. Employers must register employees for social security and contribute monthly. Bangkok has a provincial minimum wage that may change periodically, so confirm current rates for your payroll planning. Foreign employees need proper visas and work permits through the Ministry of Labour and Immigration Bureau, unless exempted under a promotion or special scheme.
Data privacy and e commerce. The Personal Data Protection Act applies to most businesses that collect personal data from customers, employees, or users. Key requirements include lawful basis, notices, consent where needed, security measures, and rights handling. E commerce operators should also follow the Electronic Transactions Act, consumer protection rules, and advertising standards. Online sellers may register e commerce with the Department of Business Development and use the DBD Registered trustmark.
Licensing and sector rules. Depending on the activity, you may need approvals from the Food and Drug Administration, Excise Department, Department of Industrial Works, or professional councils. Restaurants and food producers need sanitation checks and food related permits. Alcohol, tobacco, and entertainment venues have additional licensing and hours restrictions. Schools, clinics, and logistics operators have their own frameworks.
Local Bang Khen requirements. The Bang Khen District Office handles signboard tax, certain shop or market permits, public health inspections for food premises, and enforcement of Bangkok Metropolitan Administration ordinances on waste, noise, and public nuisance. Building control and renovations must comply with Bangkok building codes and zoning. Street vending and the use of public space are regulated at district level. Business signage visible to the public is typically subject to annual signboard tax collected by the district office.
Property and leases. Foreigners generally cannot own land in Thailand, so long term commercial leases are commonly used. Standard commercial leases are often 3 years, with options to renew. Special long term leases for commercial or industrial purposes may be available up to 50 years under specific legislation. Conduct title and zoning checks before signing and register leases exceeding 3 years at the Land Office for enforceability.
Dispute resolution. Commercial disputes are heard in Thai courts, with specialized courts for labor and intellectual property and international trade. Arbitration is available and supported by Thai law, with institutions such as the Thailand Arbitration Center. Many contracts include mediation or arbitration clauses to expedite resolution.
Frequently Asked Questions
What is the most common business structure for a small business in Bang Khen
The private limited company is the most common because it offers limited liability, flexible shareholding, and relatively fast registration with the Department of Business Development. Partnerships are also used for very small or family operations, while branch or representative offices suit foreign parent companies with specific goals.
Can a foreigner own 100 percent of a Thai company operating in Bang Khen
It depends on the business activity. Many service businesses fall under the Foreign Business Act and require a foreign business license or promotion to be majority foreign owned. Full foreign ownership may be possible through BOI promotion, the US Thai Treaty of Amity for eligible US entities, or if the activity is not restricted. Legal advice is essential to assess your exact model.
How long does company registration usually take
If documents are complete, name reservation, incorporation, and tax registration can often be finished within 1 to 3 business days, with additional time for VAT registration, social security setup, and any industry specific licenses. Timelines extend if translations, notarizations, or foreign approvals are needed.
Do I need a physical office address in Bang Khen to register a company
You need a Thai address for registration and tax purposes. It can be in Bang Khen if that is where you will operate. The landlord or owner should provide a letter of consent, and the address must be appropriate for the intended business use under Bangkok zoning and building rules.
What taxes should I expect as a small business
Most companies pay corporate income tax at a 20 percent rate on net profits. VAT at 7 percent applies to many goods and services once your turnover exceeds the registration threshold of 1.8 million baht per year. You will also deal with withholding tax on certain payments, social security contributions for employees, and signboard tax if you display public facing signage in Bang Khen.
Can I operate a home based business from a condo or townhouse in Bang Khen
Possibly, but you must check and comply with zoning, condominium or village regulations, and Bangkok building control rules. Some activities are not allowed in residential buildings, and increased traffic or signage may trigger permits or restrictions. Always verify with the Bang Khen District Office before committing.
What licenses are needed to open a cafe or restaurant
Expect public health approvals from the district, sanitation inspections, and food related permits under the Food Act. If you serve alcohol or play music publicly, you will need additional permits from the Excise Department and permissions from relevant rights organizations. Waste management and signage in Bang Khen are regulated locally and require compliance.
How can I legally hire foreign staff
Foreign employees generally need a non immigrant B visa and a work permit from the Ministry of Labour. Employers must meet capital and Thai staff ratio requirements unless exempted by BOI or other schemes. The exact ratios and documentary requirements change, so confirm current rules and plan timelines for visa and permit processing.
What should my commercial lease include for premises in Bang Khen
Include permitted use, term and renewal, fit out rights and approvals, rent adjustments, service charges, maintenance and repair responsibility, signage rights and signboard tax, compliance with Bangkok building rules, early termination and default remedies, and registration at the Land Office if the term exceeds 3 years. A carefully drafted Thai and English bilingual lease is common.
How are business disputes usually resolved
Many disputes are settled through negotiation or mediation. If litigation is needed, civil and commercial cases proceed in Thai courts. Arbitration is widely used for cross border or high value contracts, often administered by the Thailand Arbitration Center. A well drafted dispute clause can save time and cost.
Additional Resources
Department of Business Development - company name reservation, incorporation, corporate filings, and e registration services.
Revenue Department - taxpayer registration, VAT and specific business tax, corporate income tax, withholding tax, and tax rulings.
Social Security Office - employer registration, monthly contributions, and employee benefits administration.
Department of Labour Protection and Welfare - labor standards, work rules registration, termination procedures, and workplace safety.
Ministry of Labour - Department of Employment - work permits and related foreign worker compliance.
Immigration Bureau - business visas, extensions, and employer sponsorship procedures.
Board of Investment - investment promotion, foreign ownership options, visa and work permit facilitation, and tax incentives.
Bangkok Metropolitan Administration and Bang Khen District Office - local permits, health inspections, signboard tax, building control, and enforcement of municipal rules.
Food and Drug Administration - food, cosmetic, medical device, and related product approvals and inspections.
Department of Intellectual Property - trademark, patent, and copyright registration and enforcement assistance.
Office of the Consumer Protection Board - advertising standards, labeling, and consumer complaint handling.
Personal Data Protection Committee - PDPA guidelines, notifications, and enforcement updates.
Thailand Arbitration Center - commercial arbitration and mediation services for dispute resolution.
Next Steps
Clarify your business model, ownership, location, and staffing. Prepare a short memo describing your products or services, expected customers, funding plan, and whether you will have foreign directors or staff. This helps a lawyer quickly assess licensing and structuring options.
Engage a qualified Thai business lawyer in Bangkok. Ask about their experience with the Foreign Business Act, company registrations, leases in Bangkok, VAT and tax planning, and sector specific licensing. Verify credentials with the Lawyers Council of Thailand and request a clear scope, timeline, and fee proposal.
Map your compliance path. Work with counsel to sequence DBD incorporation, tax registration, VAT registration, social security, bank account opening, lease execution, and permits with the Bang Khen District Office and any national regulators. Build a realistic timeline for visa and work permit processing if you will employ foreigners.
Protect your position with well drafted contracts. Finalize shareholder agreements, board and signing authority, commercial leases, supplier contracts, employment agreements, and data privacy notices. Ensure bilingual documents where needed and align them with Thai law.
Set up ongoing controls. Implement bookkeeping, invoicing, and tax filing calendars. Train staff on labor rules, health and safety, PDPA, and consumer protection. Keep copies of all filings, licenses, and inspection reports readily available at your Bang Khen premises.
If a dispute or regulatory issue arises, contact your lawyer promptly. Early advice often reduces cost and risk, and alternative dispute resolution options may resolve matters faster than litigation.
This guide provides general information only. For decisions about your specific situation in Bang Khen, obtain tailored legal advice from a licensed Thai attorney.
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.