Best Investment & Business Structuring Lawyers in Pathum Wan

1. About Investment & Business Structuring Law in Pathum Wan, Thailand

Pathum Wan, located in Bangkok, is a bustling hub for domestic and foreign investments. Investment & Business Structuring law covers how businesses in this district are formed, owned, financed, and operated to comply with Thai regulations. Key issues include corporate form, foreign ownership limits, licensing requirements, and ongoing compliance obligations.

In practice, structuring a business in Pathum Wan often involves choosing between a Thai limited company, a branch or representative office, or a BOI promoted entity when applicable. The rules governing these options come from national frameworks that shape how entities are formed and run within Bangkok and nationwide. A clear structure helps manage risk, taxation, and regulatory exposure for local and foreign investors alike.

Legal counsel in Pathum Wan can help translate national rules into practical, Bangkok-specific steps. They prepare governing documents, coordinate registrations, and ensure that licensing or promotion incentives are correctly obtained and maintained. This guide outlines the core frameworks, practical scenarios, and where to find official guidance.

Sources: Board of Investment (BOI) - incentive programs and approvals; Department of Business Development (DBD) - company registration and compliance; Krisdika - official Thai law database. See https://www.boi.go.th, https://www.dbd.go.th and https://www.krisdika.go.th for authoritative references.

2. Why You May Need a Lawyer

In Pathum Wan, a lawyer helps ensure your investment or business structure complies with Thai law from day one. A typical client might be a foreigner starting a Bangkok office who must navigate foreign ownership rules and licensing requirements. An attorney can coordinate the chain of registrations to avoid delays or penalties.

• You acquire a Bangkok office and plan to set up a Thai company with foreign shareholding; you need to determine compliance with the Foreign Business Act and licensing obligations.
• You want to restructure ownership via share transfers, new share issues, or a merger; you must follow Thai corporate law and ensure accurate share registers and minutes.
• You are considering a BOI promoted project in Pathum Wan or nearby zones; you need guidance on eligibility, affected activities, and incentive applications.
• Your business requires work permits or employee visas for foreign staff; you need alignment between corporate structure, employment law, and immigration requirements.
• You plan to lease commercial space long term and seek a structure that optimizes tax and ownership risk while complying with land and building regulations for foreigners.
• You want to minimize regulatory gaps when operating across multiple entities in Bangkok; a lawyer can draft intercompany agreements and governance policies to reduce disputes.

3. Local Laws Overview

The following frameworks are central to Investment & Business Structuring in Pathum Wan and Bangkok at large.

Foreign Business Act B.E. 2542 (1999) restricts foreigners from engaging in certain business activities unless licensed or exempted. It uses a List system to categorize activities and requires government approvals for the restricted sectors. It is a core consideration for any foreign investor establishing a business presence in Pathum Wan.

Investment Promotion Act B.E. 2520 (1977) provides tax and non tax incentives for promoted activities, administered by the Board of Investment (BOI). Businesses receiving BOI promotion may access benefits such as tax holidays, import duty exemptions, and streamlined approvals. Pathum Wan clients often pursue BOI promoters when expanding into Bangkok’s CBD.

Civil and Commercial Code (for corporate entities) governs the formation, governance, and dissolution of Thai companies and other business entities. It sets out rules on shareholding, directors, meeting procedures, and basic contractual capacity. This framework underpins how an entity is legally structured and operated in Pathum Wan.

For authoritative sources on these frameworks, see the Board of Investment (BOI) at https://www.boi.go.th, the Department of Business Development (DBD) at https://www.dbd.go.th, and the Thai law database at https://www.krisdika.go.th.

4. Frequently Asked Questions

What is the Foreign Business Act B.E. 2542 and what does it regulate?

The Act restricts foreigners from certain business activities unless licensed or exempted. It uses a list of restricted sectors that require Thai cooperation or government permission. Compliance is essential for anyone planning a Bangkok operation in Pathum Wan.

How do I apply for a BOI promotion for a Bangkok office?

You apply to the Board of Investment with a detailed project plan, business scope, and investment budget. BOI assesses eligibility and offers incentives if the project aligns with national development goals. A local attorney can help assemble the required documents and coordinate with BOI officials.

When is a local Thai partner required for business operations?

Foreign participation limits depend on the activity and corporate form. Some sectors require Thai majority shareholding or Thai sponsorship, while others allow full foreign ownership with licenses. A lawyer can map out the most compliant structure for your case.

Where do I register a new Thai company in Bangkok?

Company registration is handled by the Department of Business Development in Bangkok. You must prepare charter documents, list of shareholders, and director information. Online or in person submission is common, with verification before registration is complete.

Why should I hire a lawyer for investment structuring in Pathum Wan?

A lawyer ensures regulatory alignment across licensing, corporate governance, and tax planning. They help draft bylaws, prepare board resolutions, and manage registrations to avoid delays or penalties.

Do I need a Thai partner for majority ownership in a service business?

Not necessarily, but many service activities fall under restricted lists or licensing regimes. A local partner may be required depending on your business and the sector. An attorney can confirm requirements and design a compliant ownership structure.

Can a foreigner own land or buildings for business premises in Bangkok?

Foreigners cannot own land in Thailand. They may own buildings like condominiums under specific conditions or enter long term leases for land for business premises. If you need a Bangkok base, consider a lease or a Thai-entity arrangement to hold the property or a long term lease solution.

How long does it take to register a Thai limited company in Bangkok?

Registration typically takes 2 to 7 business days after all documents are complete and verified. Delays can occur if share structure or licensing requirements require additional approvals. A lawyer can help anticipate and minimize bottlenecks.

What is the difference between a BOI promoted company and a normal Thai company?

A BOI promoted company can access incentives such as tax holidays and import duty exemptions. A non promoted Thai company does not receive these incentives and follows standard tax and compliance rules. BOI approval also involves stricter reporting obligations.

How much does it cost to set up a company in Pathum Wan?

Costs include government filing fees, legal fees, and initial capital requirements (if applicable). A Bangkok based lawyer can provide a detailed quote based on entity type and structure. Expect several thousand to tens of thousands of Thai Baht depending on complexity.

Do I need a specific regulatory path for tech startups in Pathum Wan?

Tech startups often explore BOI or other incentive schemes, depending on the business activities and location. You should draft a clear activities plan and seek pre approvals to determine the best incentives and compliance steps. A lawyer familiar with tech firms can streamline this path.

Is there a recommended approach to cross border operations from Pathum Wan?

Coordinate with tax and customs authorities and ensure transfer pricing compliance if you have cross border transactions. A local attorney can structure inter company agreements and ensure proper documentation for tax purposes. Cross border operations require careful planning to avoid penalties.

Do I need to consider licensing beyond company registration?

Yes, many activities require specific licenses or registrations (eg, food, hospitality, professional services). A lawyer can identify required licenses and manage the application process to avoid non compliance risks. This is especially important in the Bangkok CBD where many activities are scrutinized.

5. Additional Resources

• - Official agency promoting investments and providing incentives for promoted activities. Function: assess eligibility, issue promotion certificates, and supervise compliance. Link: https://www.boi.go.th
• - Government body responsible for company registration, licensing, and corporate compliance in Thailand. Function: register entities, maintain corporate records, publish licensing requirements. Link: https://www.dbd.go.th
• - Central repository for Thai statutes, royal decrees and regulations. Function: provide access to the text of laws such as the Foreign Business Act and Investment Promotion Act. Link: https://www.krisdika.go.th