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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 Sai Mai, Thailand

Sai Mai is a vibrant district located in the northern part of Bangkok, Thailand. As the area experiences steady economic growth and urbanization, there is a growing demand for various business ventures. Entrepreneurs, both local and foreign, are drawn to Sai Mai due to its strategic location and developing infrastructure. Business law in Sai Mai encompasses a wide range of legal topics, including company formation, contracts, employment, intellectual property, taxation, and compliance with both local and national regulations. Understanding the basics of business law is essential for anyone considering starting or running a business in this district.

Why You May Need a Lawyer

Navigating the legal landscape of business in Sai Mai can be complex, particularly for those unfamiliar with Thai regulations or the unique requirements of the area. Common situations where individuals or businesses may require legal assistance include:

  • Registering or setting up a new company
  • Drafting or reviewing business contracts and agreements
  • Complying with local licensing and permit requirements
  • Resolving disputes with partners, contractors, or customers
  • Handling employment law issues, such as recruitment or termination
  • Protecting trademarks, copyrights, or other intellectual property
  • Understanding tax obligations for businesses
  • Buying, leasing, or selling business properties
  • Addressing regulatory compliance in specific industries
  • Filing for bankruptcy or business dissolution

A qualified legal professional can provide practical advice, represent your interests, and help avoid costly mistakes or legal conflicts.

Local Laws Overview

Businesses in Sai Mai must adhere to both national Thai legislation and local regulations enforced by Bangkok Metropolitan Administration and the district office. Key aspects include:

  • Company Formation: Businesses must register with the Department of Business Development. There are different structures available, such as sole proprietorship, partnership, or limited company.
  • Foreign Business Act: Foreign nationals are subject to specific restrictions regarding ownership and operation of businesses. Certain business types may require a Foreign Business License.
  • Business Permits and Licensing: Depending on the nature of the business, permits from relevant authorities may be needed, including health, safety, or environmental compliance.
  • Employment Law: Employment regulations cover worker rights, working hours, minimum wage, social security, and termination procedures.
  • Taxation: All businesses must register for tax purposes and comply with the Revenue Department's requirements for VAT, corporate income tax, and other obligations.
  • Intellectual Property: Trademarks, patents, and copyrights can be registered with the Department of Intellectual Property.
  • Consumer Protection: Businesses must follow consumer protection laws on advertising, warranties, and product liability.
  • Real Estate: Commercial leases and purchases are subject to both contract law and zoning regulations set by local authorities.

It is important to stay updated, as laws and local policies may change frequently.

Frequently Asked Questions

What are the common types of business entities in Sai Mai?

The most common business entities in Sai Mai include sole proprietorships, partnerships, and limited companies. Foreigners often establish limited companies due to ownership restrictions.

Can foreigners own a business in Sai Mai?

Foreigners can own and operate businesses in Sai Mai, but there are restrictions. The Foreign Business Act limits foreign ownership in certain sectors, and specific licenses or Thai-majority ownership may be required.

What licenses or permits are needed to start a business?

The required licenses depend on the business activity. Most businesses need a commercial registration certificate, tax registration, and potentially sector-specific licenses, such as food and beverage permits.

How long does it take to register a company?

Company registration in Sai Mai typically takes one to two weeks after all necessary documents are prepared, barring complications or additional requirements.

What are my tax obligations as a business owner?

Business owners must register with the Revenue Department, file corporate income tax, VAT (if eligible), and remit personal withholding tax for employees. Professional guidance is strongly recommended.

How can I protect my business name or logo?

Business owners should register trademarks and copyrights with the Department of Intellectual Property to protect names, logos, and other branding elements.

What should I know about hiring employees?

Employment contracts should comply with Thai Labor Law, outlining wages, benefits, working hours, and termination processes. Social security registration for eligible employees is also mandatory.

How are business disputes resolved in Sai Mai?

Disputes can be resolved through negotiation, mediation, or formal litigation in Thai courts. Contractual arbitration clauses are also common.

Are there zoning laws affecting where I can open my business?

Yes. Zoning regulations imposed by the Bangkok Metropolitan Administration and the Sai Mai District Office may restrict certain types of businesses to specific areas. Always check with local authorities before securing a location.

How can I close or dissolve a business?

Dissolution requires board resolutions, creditor notifications, final tax filings, and deregistration with the business and tax authorities. A lawyer can guide you through the process to ensure compliance.

Additional Resources

For those seeking more information or direct assistance, the following resources are useful:

  • Department of Business Development, Ministry of Commerce
  • Bangkok Metropolitan Administration - Sai Mai District Office
  • Department of Intellectual Property
  • Revenue Department, Ministry of Finance
  • Board of Investment
  • Thai Chamber of Commerce
  • Law Society of Thailand
  • Small Business Promotion Office
  • Local business networks and chambers of commerce in Sai Mai

Many of these organizations provide guidelines, forms, and free consultations, and some offer hotlines to answer business law questions.

Next Steps

If you are considering starting or growing a business in Sai Mai, Thailand, it is vital to understand the legal requirements and avoid pitfalls. Begin by:

  1. Clearly identifying the type of business you wish to start
  2. Consulting the relevant authorities to confirm required licenses
  3. Gathering necessary documents for registration
  4. Seeking qualified legal advice, especially regarding company formation, contracts, and compliance
  5. Staying informed about local regulations and any recent legal changes

An experienced local lawyer or legal consultant can save you time, money, and help ensure your business operates smoothly within the law. If in doubt or facing a specific legal issue, schedule a consultation to discuss your situation and plan your next steps accordingly.

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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.