Best Corporate & Commercial Lawyers in Ko Pha Ngan

1. About Corporate & Commercial Law in Ko Phangan, Thailand

Ko Phangan is part of Surat Thani province and its business activities are governed by Thai national corporate and commercial law. Many local ventures on the island operate in hospitality, tourism services, and retail, all of which require formal corporate structures and contracts. The core framework includes the Thai Companies Act, the Foreign Business Act, and provisions in the Civil and Commercial Code that affect contracts and commercial relationships.

In practice, foreign investors on Koh Phangan often use Thai registered companies to operate hotels, tour services, or restaurant businesses. This requires compliance with local registration requirements, licensing, and ongoing corporate and tax obligations. A qualified attorney can help navigate name reservations, director requirements, and regulatory filings specific to an island economy deeply tied to tourism and seasonal fluctuations.

Source: Department of Business Development (DBD) - Starting and registering a business in Thailand, including company formation and regulatory requirements. https://www.dbd.go.th

Source: Board of Investment (BOI) - Foreign ownership rules, investment promotion options, and sector-specific guidance for foreign-invested businesses. https://www.boi.go.th

2. Why You May Need a Lawyer

Setting up and running a business on Koh Phangan often involves complex regulatory considerations. An attorney helps ensure compliance, reduces risk, and streamlines approvals in a resource-constrained island environment.

• Starting a foreign-owned hospitality business on Koh Phangan - If you plan a resort, guesthouse, or tour operation, you typically form a Thai limited company with Thai majority shareholding. A lawyer assists with name reservation, MOA and AoA drafting, and capital structure to satisfy regulatory and bank requirements.
• Negotiating land or long-term occupancy arrangements - Foreigners cannot own land in Thailand, so you may hire a lawyer to structure a compliant long-term lease or a Thai-owned holding arrangement. This helps protect your interests and aligns with the Land Code rules.
• Obtaining local licenses for food, beverage, and alcohol - Restaurants and bars on Koh Phangan require licenses from local authorities. An attorney drafts licensing applications, ensures compliance with operating hours, and coordinates with district or provincial offices.
• Drafting and negotiating joint ventures with Thai partners - A local partner is often essential for regulatory and operational reasons. A lawyer can prepare shareholding agreements, governance documents, and exit provisions that reflect Thai corporate norms.
• Protecting brands and intellectual property on the island - If you operate a hotel or tourism brand, you should register trademarks with the Department of Intellectual Property to prevent local counterfeiting or misuse.
• Tax and regulatory compliance for island-based operations - Ongoing obligations include corporate income tax, VAT registration if applicable, and annual financial reporting. A lawyer helps align bookkeeping with Thai law and filing timelines.

3. Local Laws Overview

Core corporate and commercial activities in Ko Phangan are governed by national Thai law, applied uniformly across districts including Koh Phangan. The following laws are central to most business ventures on the island:

• Companies Act B.E. 2535 (as amended) - Governs company formation, shareholding, governance, and corporate reporting. It is the primary framework for Thai-registered companies, including foreign-owned entities operating on Koh Phangan.
• Foreign Business Act B.E. 2542 - Regulates foreign participation in certain business activities and requires licenses or parity arrangements in many sectors. This act shapes when and how foreigners may operate businesses such as hospitality and services on Koh Phangan.
• Personal Data Protection Act B.E. 2562 (PDPA) - Sets requirements for processing personal data in commercial operations, including customer data collected by hotels, tour operators, and online platforms. Full enforcement began in 2022 with transitional rules; ongoing compliance is essential for guest data handling and marketing.

Key notes for Koh Phangan: island businesses commonly rely on Thai directors, Thai local service providers, and appropriate licensing for alcohol, food service, and property use. For any cross-border or foreign ownership considerations, consult a lawyer about BOI alternatives or permissible structures under the Foreign Business Act.

Source: Thai law repository for official juristic texts including the Companies Act, Foreign Business Act, and PDPA texts. https://www.krisdika.go.th

4. Frequently Asked Questions

What is the minimum Thai shareholding for a foreign-owned company in Thailand?

In most cases a Thai majority of at least 51 percent is required for control. The Board of Investment can offer exceptions for promoted activities with foreign ownership flexibility. Always check current regulations and seek counsel before structuring ownership.

How do I register a company name for a Koh Phangan project?

Name reservation is handled by the Department of Business Development. You typically submit several proposed names, and the office confirms availability within a few days. This step is prerequisite to filing MOA and AoA documents.

When must I register for VAT in Thailand?

VAT registration is required if annual taxable turnover exceeds 1.8 million Baht. Businesses below this threshold may register voluntarily. The Revenue Department administers VAT reporting and payments.

Where can I obtain a liquor license for a Koh Phangan venue?

Liquor licenses are issued by local authorities and provincial offices. A lawyer helps compile required documents and ensures compliance with island regulations, including permissible service hours and location restrictions.

How long does it take to form a Thai company with foreign participation?

Typically, company registration takes about 2-4 weeks after all documents are prepared and name is reserved. By engaging a local lawyer early, you can streamline document preparation and approvals.

Do I need a local Thai partner to run a guesthouse on Koh Phangan?

Not always, but many activities require Thai-majority ownership or a Thai director. The BOI may offer pathways for fuller foreign participation in promoted projects. A lawyer can map the best structure for your case.

Can a foreigner own a company in Koh Phangan 100 percent?

Generally no for most standard activities; exceptions exist under BOI incentives and specific promoted sectors. Non-promoted activities typically require Thai majority ownership or a local partner.

How much capital is needed to set up a foreign-owned Thai company?

Minimum capital expectations vary by activity and licensing needs. BOI projects may specify different capital requirements, while standard non promoted ventures often rely on bankable capitalization plans approved by regulators.

What is the timeline to obtain a work permit for foreign staff?

Work permit processing typically takes several weeks to months, depending on employer credentials and the applicant profile. Employers must secure a valid non-immigrant visa and adhere to labor and immigration requirements.

What is the difference between a Thai company and a representative office?

A Thai company conducts business in Thailand and is subject to local taxation and compliance. A representative office generally conducts market research and promotional activities, with limited authority to generate income or sign contracts.

Do I need to protect customer data under PDPA?

Yes. PDPA requires lawful basis for data processing, security controls, and clear notices to customers. Businesses like hotels and tour operators on Koh Phangan must implement data protection measures and incident response protocols.

Is there a practical difference between the Civil and Commercial Code and the Companies Act?

The Civil and Commercial Code governs contracts, sales, and general commercial relationships. The Companies Act governs governance, shareholding, and corporate filings for companies. Both affect everyday business on Koh Phangan in tandem.

5. Additional Resources

• Department of Business Development (DBD) - Official government body for company registration, business licensing, and corporate compliance. https://www.dbd.go.th
• Board of Investment (BOI) - National agency providing investment promotion, foreign ownership guidance, and sector-specific incentives. https://www.boi.go.th
• Department of Intellectual Property (DIP) - Authority for trademark, patent, and IP registrations in Thailand. https://www.ipthailand.go.th

6. Next Steps

1. Define your business plan and structure - Decide whether to pursue a Thai company, a foreign-owned structure, or an alternative under BOI. Set clear timelines and budget for all regulatory steps. (1-2 weeks)
2. Consult a qualified corporate lawyer in Koh Phangan - Engage local counsel who understands island-specific licensing and regulatory nuances. Obtain a preliminary estimate of fees and timeline. (1-2 weeks to engage)
3. Perform a name reservation and regulatory feasibility check - Submit preferred company names to DBD and confirm sector eligibility under Foreign Business Act. (3-7 days)
4. Prepare corporate documentation - Draft Memorandum of Association, Articles of Association, and shareholder agreements with Thai language translations as needed. (1-2 weeks)
5. Register the company and obtain tax IDs - File with DBD, register for VAT if applicable, and obtain a taxpayer identification number from the Revenue Department. (2-4 weeks)
6. Secure licenses and permits - Apply for relevant licenses (retail, hotel, alcohol, etc.) with local authorities in Surat Thani and Ko Phangan district offices. (4-8 weeks, depending on licenses)
7. Establish banking and compliance processes - Open a Thai corporate bank account, set up accounting, and implement PDPA and data security measures. (ongoing)