Best Business Lawyers in Bang Khun Thian
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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
- 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 Khun Thian, Thailand
Bang Khun Thian is a coastal district of Bangkok with a mix of community shops, seafood and food processing businesses, logistics hubs, light manufacturing, and growing e-commerce operations. While most business laws are national, many permits and inspections are administered locally through the Bangkok Metropolitan Administration and the Bang Khun Thian District Office. Entrepreneurs commonly interact with central agencies for company registration and taxes and with the district office for location-based licensing, health and safety approvals, and signboard tax.
The core legal framework includes the Civil and Commercial Code for business structures, the Foreign Business Act for foreign ownership limits, the Revenue Code for taxation, the Labour Protection Act and Social Security law for employment, the Personal Data Protection Act for privacy and data handling, sectoral licensing laws for regulated activities, and local rules on buildings, signage, and environmental compliance. Understanding how these pieces fit together in Bangkok helps you set up, operate, and scale with fewer surprises.
Why You May Need a Lawyer
Choosing the right structure is foundational. A lawyer can help compare a Thai limited company, partnership, branch, or representative office and draft shareholder agreements, director powers, and exit terms that protect you.
Foreign ownership planning often needs legal analysis. If non-Thai shareholders will hold a majority, you may need a Foreign Business License or Board of Investment promotion. A lawyer can assess eligibility, prepare applications, and align staffing and capital with legal thresholds.
Licensing and permits can be complex. Opening a restaurant, seafood outlet, warehouse, factory, repair shop, or e-commerce fulfillment site may require health permits, food and beverage approvals, signboard tax registration, factory licensing, environmental clearances, or building-use permits. Counsel can map the exact license matrix for your location and activity in Bang Khun Thian.
Real estate and zoning deserve care. Commercial leases, renovation approvals, fire and building safety, and use restrictions vary by premises. Legal review can reduce risk and negotiate protections like fit-out periods, rent abatements, and renewal options.
Employment and immigration compliance is essential. Lawyers draft bilingual employment contracts, register work rules when required, structure incentive plans, advise on overtime and leave, and lawfully obtain visas and work permits for foreign staff.
Contracts and risk allocation matter. Well-structured supplier, distribution, franchise, and services agreements clarify scope, price changes, IP ownership, confidentiality, and dispute resolution, reducing payment and quality disputes.
Tax planning and filings benefit from legal input. Counsel can confirm tax registrations, withholding obligations, VAT treatment, and transfer pricing where relevant and coordinate with accountants for compliant filings.
Data, consumer, and advertising rules apply to many Bang Khun Thian businesses. A lawyer can help implement PDPA privacy notices and consents, draft website terms, and review marketing materials for compliance.
Intellectual property protects your brand. Counsel can search and file trademarks with the Department of Intellectual Property and set up IP clauses with employees and contractors.
Disputes and investigations require strategy. If you face an inspection, fine, breach of contract, debt recovery, or employment claim, a lawyer can respond, negotiate, or represent you in mediation, arbitration, or court.
Local Laws Overview
Business structures and incorporation. The Thai limited company is the most common vehicle. As of recent amendments, two promoters and two shareholders are sufficient. Digital filings with the Department of Business Development are widely used. Articles can allow different share classes and electronic meetings. Foreign entities may establish a branch or representative office subject to the Foreign Business Act and sector rules. Treaty and promotion options can affect ownership and licensing.
Licensing and district-level permits. The Bang Khun Thian District Office under the Bangkok Metropolitan Administration handles many local approvals such as food shop licenses, public health permits, certain entertainment place approvals, market licenses, signboard tax registration, and building use or modification permits under the Building Control Act. Coastal or seafood operations may interact with the Department of Fisheries for aquaculture permits and the Marine Department for piers or waterfront use. Factories and some warehouses fall under the Factory Act with licensing by the Department of Industrial Works. Environmental assessments or mitigation measures may be required depending on activity and scale.
Taxation and accounting. The standard corporate income tax rate is 20 percent subject to incentives. Value Added Tax applies at a rate that is currently 7 percent, with monthly filings for most registrants. Specific Business Tax covers defined sectors such as finance and leasing. Withholding tax applies to many payments like services, rent, and dividends. Annual audited financial statements are required for companies and must be filed with the Department of Business Development. Businesses that display commercial signs must register and pay signboard tax with the district office. The Land and Building Tax applies annually to property used in business and is paid to the Bangkok Metropolitan Administration.
Employment and social security. Written employment contracts and Thai-language versions are strongly recommended. Employers must register with the Social Security Office and contribute for each employee. Companies with 10 or more employees must register work rules with the Department of Labour Protection and Welfare. The Labour Protection Act regulates minimum wages, working hours, overtime, holidays, leave, severance, and termination procedures. Work safety rules apply under occupational safety regulations. Foreign employees must hold a Non-immigrant B visa and a work permit under the Foreigners Working Management framework. BOI-promoted companies may use streamlined processes.
Data protection and e-commerce. The Personal Data Protection Act governs how businesses collect, use, and disclose personal data. You must identify a lawful basis, provide privacy notices, secure data, manage cross-border transfers, and honor data subject rights. Online sellers must display required business details and follow electronic transaction and consumer protection rules. Marketing must comply with the Direct Sales and Direct Marketing Act and the Unfair Contract Terms Act.
Intellectual property. Trade names reserved with the Department of Business Development do not equal trademark protection. File trademarks with the Department of Intellectual Property to secure exclusive rights. Protect know-how with confidentiality and non-compete clauses that are reasonable and enforceable under Thai law.
Real estate and facilities. Foreign individuals generally cannot own land. Commercial leases and long-term building leases are common. Building modifications, signage, and changes of use require approvals under the Building Control Act and municipal regulations. Additional approvals may be needed for waterfront or industrial sites.
Dispute resolution. Commercial disputes in Bangkok can be resolved through court litigation, court-annexed mediation, or arbitration. The Thai Arbitration Institute offers institutional rules. Well-drafted contracts should specify governing law and forum to reduce uncertainty.
Frequently Asked Questions
What business structure is easiest for a small enterprise in Bang Khun Thian?
A Thai limited company is usually the most practical. It offers limited liability, is familiar to banks and landlords, supports local hiring and VAT registration, and can be formed with two shareholders. Partnerships are simpler but provide less separation between business and personal assets.
Can a foreigner own 100 percent of a company operating in Bang Khun Thian?
Yes in some cases. Full foreign ownership may be available through Board of Investment promotion, under treaty arrangements for eligible nationals, or where the activity is not restricted. Otherwise, activities restricted by the Foreign Business Act require a Foreign Business License or a Thai majority shareholding. A lawyer can assess your specific activity and structure.
What licenses do I need to open a restaurant or cafe?
Typical requirements include a food shop or public health license from the Bang Khun Thian District Office, signboard tax registration for your signage, building-use or fit-out approvals if you alter the premises, and possibly alcohol beverage permits if you sell alcohol. If you play music or host entertainment, additional permissions may apply.
How long does company registration take?
Name reservation and incorporation can often be completed within days if documents are prepared and shareholders are available to sign. Timeframes extend if you add VAT registration, social security enrollment, or regulated activity licenses. Foreign Business Licenses and BOI approvals take longer and need detailed applications.
What taxes will my company pay?
Most companies pay corporate income tax, withholding tax on certain payments, and Value Added Tax if registered or required. Some sectors pay Specific Business Tax instead of VAT. You may also owe signboard tax for commercial signage and Land and Building Tax if you own or use property. Filing schedules are monthly and annual depending on the tax type.
Do I need to register work rules?
If you employ 10 or more employees you must register work rules with the Department of Labour Protection and Welfare. Even below this threshold, clear written policies and compliant contracts help avoid disputes and ensure lawful handling of overtime, leave, and termination.
How do I legally hire foreign staff?
Each foreign employee typically needs a Non-immigrant B visa and a work permit tied to your company. Your company must meet capital and Thai staff ratios unless you are BOI-promoted or otherwise exempt. Roles and locations must match the permit. Work without a permit risks fines and other penalties.
How can I protect my brand?
File a trademark with the Department of Intellectual Property for your brand name and logo in the classes relevant to your goods or services. Use NDAs and IP ownership clauses with employees, designers, and suppliers. Register domain names and align your business name with your trademark strategy.
What should I watch for in commercial leases?
Confirm permitted use, renovation rights, compliance with building and fire codes, handover conditions, personal guarantees, rent adjustments, repair obligations, early termination, and renewal options. In Bang Khun Thian, check for any special rules for waterfront or industrial sites and ensure your planned signage is allowed.
What if inspectors visit my business?
Cooperate politely, verify identification, and request a record of findings. You may provide documents and explanations, but you can ask to have your lawyer present for interviews or to review notices. If you receive a non-compliance order or fine, there are procedures and timelines for rectification or appeal.
Additional Resources
Department of Business Development - Company incorporation, changes to directors and shareholders, and annual financial statement filings.
Bangkok Metropolitan Administration - Bang Khun Thian District Office - Local health and safety permits, market and restaurant licenses, signboard tax, and building-use approvals.
Revenue Department - Taxpayer registration, corporate income tax, VAT, withholding tax, and guidance on filings.
Social Security Office - Employer registration, monthly contributions, and employee benefits administration.
Department of Labour Protection and Welfare - Work rules registration, wage and hours standards, and labor dispute assistance.
Immigration Bureau - Business visas, work-related stays, and reporting obligations for foreign nationals.
Ministry of Commerce - Foreign Business Administration - Foreign Business License and representative or branch office permissions.
Board of Investment and One Start One Stop Investment Center - Investment promotion, foreign ownership paths, and coordinated licensing support.
Department of Industrial Works - Factory Act licensing and industrial environmental compliance for manufacturing operations.
Department of Fisheries and Marine Department - Permits relevant to aquaculture, seafood processing near the coast, and waterfront structures.
Department of Intellectual Property - Trademark, patent, and copyright registration and enforcement services.
Office of the Consumer Protection Board - Consumer law guidance, direct marketing rules, and complaint handling.
Thai Arbitration Institute and court-annexed mediation services - Alternative dispute resolution for commercial disagreements.
Lawyers Council of Thailand - Lawyer licensing, discipline, and directories that help verify counsel credentials.
Next Steps
Clarify your business model, ownership plan, and location in Bang Khun Thian. Decide whether foreign majority ownership is needed and whether BOI promotion or an FBL is feasible for your activity.
Schedule a consultation with a Bangkok-based business lawyer. Ask about similar matters handled, fee structures, timelines, and a license check through the Lawyers Council of Thailand. Bring a short description of your business activities, ownership chart, IDs or corporate documents of shareholders and directors, draft lease or site details, and any existing contracts or marketing plans.
Set up the entity and core registrations. Reserve the company name, file incorporation documents with the Department of Business Development, obtain tax and VAT registrations as required, register as an employer with the Social Security Office, open a bank account, and appoint an auditor. Prepare a compliance calendar for monthly and annual filings.
Map and obtain licenses specific to your site and activity. Coordinate with the Bang Khun Thian District Office for health permits, signboard tax, and building-use approvals. If you operate a factory or warehouse, confirm Factory Act licensing and any environmental conditions. For coastal or seafood operations, consult Fisheries and Marine authorities.
Hire compliantly. Draft bilingual employment contracts, register work rules if you have 10 or more employees, and implement payroll withholding and social security. For foreign staff, plan visa and work permit timelines before onboarding.
Protect data and brand. Implement PDPA policies, privacy notices, and vendor agreements. File trademark applications and include IP clauses in contracts with staff and contractors.
Negotiate strong contracts. Use clear scopes, pricing, delivery, warranty, liability caps, and dispute resolution clauses in supplier, customer, and lease agreements. Choose Thai law and a Bangkok forum or arbitration if appropriate.
Maintain ongoing compliance. Track license renewals, tax filings, audits, and safety checks. If you receive a notice or inspection, contact your lawyer quickly to respond within statutory timeframes.
This guide is for general information only and is not legal advice. Laws and procedures change. For decisions about your business in Bang Khun Thian, consult a qualified Thai business lawyer who can assess your specific facts.
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.