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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 Thai Mueang, Thailand

Thai Mueang, located in Phang Nga province, is an area that combines local industries, tourism, and small to medium sized enterprises (SMEs). Setting up and running a business here involves navigating Thailand's national laws, along with local regulations specific to Thai Mueang. The regulatory environment is designed to support economic development while maintaining legal compliance and fostering fair competition. Business law in this district covers company registration, licensing, taxation, employment, property, and dispute resolution.

Why You May Need a Lawyer

Engaging a lawyer when doing business in Thai Mueang can help you avoid costly legal pitfalls. Common situations where legal help is advisable include starting or registering a business, negotiating commercial contracts, acquiring property or leases, resolving disputes with partners or employees, managing work visas for foreign staff, and ensuring compliance with local licensing and zoning requirements. Lawyers can also provide critical guidance if you face regulatory inspections or potential litigation.

Local Laws Overview

Business operations in Thai Mueang are governed by both national Thai laws and supplementary local ordinances. Key aspects to be aware of include:

  • Business Registration: All new businesses must register with the Department of Business Development (DBD), typically as a sole proprietorship, partnership, or company limited.
  • Licensing: Specific industries such as hospitality, food services, and tourism require additional operating licenses from local authorities.
  • Foreign Ownership Restrictions: Foreigners face certain restrictions on business ownership under the Foreign Business Act and may need Board of Investment approval to hold a majority share.
  • Taxation: Businesses must register for tax at the Revenue Department and comply with VAT, corporate income tax, and, if relevant, withholding tax requirements.
  • Employment Law: Employers must adhere to the Thai Labor Protection Act regarding contracts, minimum wage, working hours, and employee rights.
  • Land and Property: Purchasing land for business can be complex, especially for foreign entities, and may require leasing or partnership structures.
  • Local Zoning and Environmental Regulations: Depending on business type and location, compliance with zoning laws and environmental requirements may be necessary before commencing operations.

Frequently Asked Questions

What are the steps to register a business in Thai Mueang?

Typically, you must select a business structure, reserve a unique company name, prepare the necessary documents, and file an application with the Department of Business Development. Local permits may also be required from the district office.

Can foreigners own and operate a business in Thai Mueang?

Yes, but there are restrictions. Foreigners may not own certain types of businesses outright without special permission or partnership structures. Consulting a lawyer or the Board of Investment is recommended before proceeding.

What licenses are required to operate a restaurant or hotel?

Operating food outlets or hotels requires additional licenses and certificates from the local government. These include health and hygiene permits, tourism licenses, and fire safety approvals.

Do I need a work permit if I am a foreigner managing my business?

Yes, foreign business owners and employees must obtain the appropriate work permit and visa before engaging in any employment activity.

How do local taxes work for businesses?

Businesses must register for tax and may be liable for corporate income tax, VAT, and other local taxes depending on business turnover and sector.

What labor laws apply to my business?

You must comply with minimum wage, maximum working hours, overtime payments, social security contributions, and lawful termination procedures under the Thai Labor Protection Act.

How can I resolve a business dispute?

Disputes can be resolved through direct negotiation, mediation, or, if necessary, through the Thai courts. Early legal advice helps avoid escalation.

Is it possible to rent or own commercial property in Thai Mueang for my business?

Yes. Thais and Thai majority owned companies may own property, while foreigners typically lease or form joint ventures due to ownership restrictions.

How long does it take to set up a business in Thai Mueang?

With complete documents, registration can take between 3 to 7 business days, but additional licensing may extend the timeline.

Do I need to register my business locally as well as nationally?

Yes. While national registration is with the DBD, local permits or registration may also be needed from the Thai Mueang district office depending on your business type.

Additional Resources

For more assistance, consider contacting the following:

  • Office of the Department of Business Development (Phang Nga) - For business registration and compliance guidance
  • Thai Mueang District Office - For local permits and ordinances
  • Phang Nga Provincial Labor Office - For employment and labor law issues
  • Phang Nga Revenue Office - For taxation questions
  • Board of Investment (BOI) - For foreign business setups or incentives
  • Legal Aid Centers located in the region for basic legal advice
  • Thai Chamber of Commerce and Board of Trade - For networking and local business support

Next Steps

If you are considering starting or running a business in Thai Mueang, begin by identifying the structure and nature of your business. Gather relevant documents and information about required licenses or permits. Consult a qualified lawyer who understands both national and local business law in Thai Mueang to guide you through registration, compliance, and ongoing legal matters. Early legal advice helps prevent costly mistakes and ensures your business runs smoothly within the law. Schedule an appointment with local authorities or a legal professional for updated guidance tailored to your particular business needs.

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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.