Best Investment & Business Structuring Lawyers in Surat Thani

About Investment & Business Structuring Law in Surat Thani, Thailand

Investment and business structuring law governs how businesses are formed, how ownership is structured, and how investments receive legal protection and incentives. In Surat Thani, as in the rest of Thailand, investors must navigate company formation requirements, foreign ownership limits, licensing, and tax considerations. The province shares the same national framework while presenting local permitting and regulatory nuances in tourism, fishing, and agro-based industries.

Key themes include choosing the right business form, meeting shareholding requirements, obtaining necessary licenses, and leveraging incentives when eligible. For island resorts on Koh Samui and nearby areas, land ownership rules and land lease arrangements often shape the structure of a project from inception. A targeted, well-drafted structure helps reduce risk and aligns with Thai regulatory expectations.

Practical tip: The most common approach for a new tourism or export-oriented venture in Surat Thani is a Thai-registered company with compliant shareholding, complemented by any applicable BOI incentives. This approach also supports visa and work permit processes for foreign executives when allowed under law.

Source note: For promoted projects, the Board of Investment (BOI) provides incentives and may allow 100 percent foreign ownership for certain activities, subject to approval. See official BOI guidance at BOI.

Additional guidance on company registration, licensing, and foreign ownership is published by the Department of Business Development (DBD) and the Revenue Department. See DBD and Revenue Department.

Why You May Need a Lawyer

• Setting up a resort or hotel in Koh Samui or the Surathani coast requires navigating Foreign Business Act restrictions and potential BOI incentives. A lawyer can assess eligibility, draft the shareholding structure, and prepare necessary filings for promotion or registration.
• Structuring foreign investment in fishing, agriculture, or processing facilities involves identifying sectors eligible for BOI incentives and ensuring compliance with Thai ownership and licensing rules. Legal counsel can coordinate applications and due diligence.
• Land and lease arrangements for island projects require understanding land ownership limits for foreigners and long-term lease options. A local attorney can draft leases, verify title status, and advise on alternatives such as Thai-entity ownership structures.
• Cross-border trade and export operations demand careful contract structuring, tax planning, and compliance with customs and foreign trade regulations. Supervising counsel helps align documents with Thai and international norms.
• Restructuring an existing Surat Thani business for succession or investment exits involves share transfers, capital adjustments, and regulatory notifications. An attorney can manage filings and minimize tax exposure.
• Securing licenses and permits for tourism activities such as restaurant, bar, or tour operator licenses require local compliance checks and coordination with provincial authorities. Legal counsel coordinates these processes efficiently.

Local Laws Overview

• Foreign Business Act B.E. 2542 (1999) - This act restricts foreigners from certain business sectors unless exemptions apply. It governs when Thai-foreign joint ventures or Thai majority ownership is required. Recent updates emphasize sector classification and enforcement across provinces including Surat Thani.
• Investment Promotion Act B.E. 2520 (1977) - Established the Board of Investment (BOI) to promote investment with incentives in targeted sectors such as tourism, agriculture, and manufacturing. BOI incentives can include tax exemptions and import duty relief for promoted projects.
• Public Limited Company Act B.E. 2535 (1992) - Regulates the formation and operation of public limited companies, including governance and share transfer rules. This framework often shapes offshore or local venture structures requiring public investment or capital markets access.

Notes on Surat Thani context: Many island and coastal projects in Surat Thani rely on crafting a Thai-registered company with Thai ownership or BOI-approved structures to access incentives and simplify regulatory compliance. Land and lease arrangements for foreigners require careful planning due to ownership restrictions and lease term limits.

Source notes: BOI guidance on investment promotion and foreign ownership is available at BOI, while company registration and licensing guidance is published by the Department of Business Development at DBD. For tax and revenue guidance, see Revenue Department.

Frequently Asked Questions

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

A Thai limited company is a standard registered entity with Thai ownership requirements. A BOI promoted company receives incentives and may qualify for foreign ownership options, depending on the activity and approval. BOI status requires a separate application and compliance with BOI conditions.

How do I start the registration process for a Surat Thani business?

Begin with choosing a business form, draft the memorandum of association, and appoint directors. Submit the required documents to the Department of Business Development for registration, then obtain tax and social security registrations as needed.

When is a Thai partner required for foreign investment in Surat Thani?

Under the Foreign Business Act, many sectors require Thai majority ownership. Some promoted activities may allow 100 percent foreign ownership via BOI approval. A lawyer can assess your sector and secure the proper structure.

Where can I find official guidance on foreign ownership limits in Thailand?

Official guidance is available from the Board of Investment and the Department of Business Development. See BOI and DBD.

Why should I hire a lawyer for an island resort project in Surat Thani?

A lawyer helps navigate land use, lease options, and ownership restrictions, and coordinates BOI incentives if applicable. They also prepare and review contracts with suppliers, contractors, and operators.

Do I need to register for value added tax in Surat Thani?

Most businesses with annual taxable supplies above the threshold must register for VAT. The Thailand Revenue Department provides guidance on VAT obligations and filing deadlines.

How much does it typically cost to hire a lawyer for investment structuring?

Costs vary by complexity and scope. Expect fees for initial consultations, document drafting, and due diligence; detailed quotes come after a case assessment.

Is there a timeline to obtain BOI approval for a project in Surat Thani?

BOI approval timelines depend on project type and completeness of submissions. Typical preliminary reviews take weeks, with final decisions often taking several months after all documents are correct.

What is the typical timeline for company registration in Surat Thani?

Company registration with the DBD generally takes 1-3 weeks from filing, assuming all documents are properly prepared and notarized. Delays usually stem from missing information or compliance checks.

Do foreigners face land ownership restrictions in Surat Thani?

Yes. Foreigners cannot own land in Thailand except under specific verticals like long-term leases or promoted BOI projects. Lawyers can structure alternatives such as leasehold arrangements or Thai-entity ownership for eligible activities.

What is the difference between a lease and a long-term land contract for foreign investees?

A long-term lease provides use rights for typically up to 30 years with renewal options. A land purchase by a foreigner is generally prohibited, so structuring through Thai-registered entities is common.

How do I assess whether my Surat Thani project qualifies for BOI incentives?

BOI qualification depends on sector, scale, location, and compliance with promotion criteria. A BOI consultant or lawyer can perform a pre-screening and guide the application.

Do I need to publish annual financial statements for a private company in Surat Thani?

Private Thai limited companies must comply with local financial reporting requirements, while public companies have more extensive disclosure duties. A Thai auditor or legal counsel can advise on exact obligations.

Additional Resources

• - The BOI administer investment promotion policies, including incentives for promoted activities and foreign ownership considerations. Official site: BOI.
• - Handles registration of companies, partnerships, and other business entities in Thailand. Official site: DBD.
• - Provides guidance on corporate income tax, VAT, and other tax obligations for businesses in Thailand. Official site: Revenue Department.