Best Investment Lawyers in Bueng Kum

About Investment Law in Bueng Kum, Thailand

Bueng Kum is a district of Bangkok. Investment in Bueng Kum follows national Thai laws and Bangkok Metropolitan Administration rules, with certain permits and procedures handled by the Bueng Kum District Office. Whether you plan to open a retail store, a restaurant, a service company, buy a condominium unit, lease commercial space, or invest through Thailand capital markets, you will deal with national statutes, central regulators, and local Bangkok procedures.

Key themes include foreign ownership restrictions under the Foreign Business Act, investment promotion and incentives through the Thailand Board of Investment, business registration through the Ministry of Commerce, tax compliance under the Revenue Code, labor and immigration controls for foreign staff, land and building rules for property, and consumer and data protection for customer facing activities. Most investors work through a Thai limited company, a representative office, or a branch. Many service sectors are restricted to Thai majority ownership unless a foreign business license or promotion is obtained.

Why You May Need a Lawyer

You may need legal help to choose the correct business structure and shareholding mix, especially if foreign owners will hold more than 49 percent or control the company. A lawyer can assess whether your planned activities fall under restricted categories and whether you need a foreign business license, a BOI promotion, or a US Treaty of Amity route if eligible.

Property transactions benefit from legal due diligence on title, zoning, and building rules, and from drafting solid leases. If you buy a condominium unit, counsel can confirm the foreign quota, source of funds documentation, and co-owner rules. For shop or restaurant fit outs in Bueng Kum, you may need help with building permits, signage tax, and sector licenses.

Hiring foreign staff involves visas, work permits, and compliance with labor standards. Lawyers also assist with tax planning, VAT registration, withholding obligations, data protection compliance under the PDPA, drafting customer terms, and IP protection. If a dispute arises with a landlord, supplier, employee, or regulator, a lawyer can represent you in mediation, arbitration, or court.

Local Laws Overview

Foreign ownership and market entry. The Foreign Business Act B.E. 2542 restricts foreign majority owned or controlled businesses in many service sectors unless an exemption applies. Options include obtaining a Foreign Business License, securing Board of Investment promotion, or using a treaty route for eligible US investors. Nominee shareholding to circumvent the law is illegal.

Company forms and registration. Most investors use a private limited company under the Civil and Commercial Code. As of recent reforms, a Thai limited company can be formed with at least two shareholders. Registration is handled by the Department of Business Development. A branch or representative office of a foreign company may be suitable in specific cases and is subject to separate rules.

Investment incentives. The Thailand Board of Investment may grant incentives such as corporate income tax holidays, import duty reductions, relaxed foreign ownership limits for promoted activities, and eased work permit and visa processes. BOI benefits depend on activity, location, and merit based criteria.

Land and real estate. Foreigners generally cannot own land. Foreigners may own condominium units up to 49 percent of the floor area in a project and must show foreign currency remittance evidence. Commercial and residential leases commonly run up to 30 years, with renewal options by contract. Property matters are registered at the Land Department and the relevant Bangkok land office. In Bangkok, building and zoning controls apply under the Building Control Act and Bangkok zoning regulations, and certain larger projects may require an environmental impact assessment.

Local approvals in Bueng Kum. Fit out and building works may require permits from the Bueng Kum District Office. Certain businesses need local health and safety approvals. Signage is subject to the Signboard Tax administered by local authorities. Operating restaurants, hotels, schools, clinics, and similar activities requires sector licenses from the relevant ministry, sometimes with local inspections.

Labor, visas, and work permits. Foreign workers must have appropriate visas and work authorization under the laws on alien employment. BOI promoted companies often have streamlined processes. Employers must comply with Thai labor law, including minimum standards, social security registration, and severance rules.

Taxes. The standard corporate income tax rate is 20 percent. VAT is generally 7 percent, subject to exemptions and special schemes. Withholding tax applies to many service and rental payments. Real property transfers involve transfer fees and, depending on circumstances, specific business tax or stamp duty. The Land and Building Tax applies annually to property owners or users.

Financial regulation and capital markets. The Securities and Exchange Act governs public offerings, securities businesses, investment advisers, crowdfunding portals, and digital asset activities, overseen by the Securities and Exchange Commission. Offering investment products or managing funds requires licensing. Consumer lending and e money are supervised by the Bank of Thailand and other agencies.

Data and consumer protection. The Personal Data Protection Act requires lawful bases for processing personal data, consent where needed, and appropriate security and cross border transfer safeguards. The Consumer Protection Act addresses advertising, contract terms, and sales practices. E commerce businesses must display required information and issue compliant tax invoices where applicable.

Compliance and enforcement. Anti money laundering and know your customer rules apply to certain businesses and to financial transactions. Disputes may be handled by Thai courts, including specialized courts for IP and international trade, or through arbitration at institutions such as the Thailand Arbitration Center.

Frequently Asked Questions

Can a foreigner own a business in Bueng Kum without a Thai partner

Yes, but it depends on the activity. Many service businesses are restricted to Thai majority ownership under the Foreign Business Act unless you obtain a foreign business license or a BOI promotion. Some activities are open, and some treaty routes may apply. A lawyer can map your planned activities against the law and propose a compliant structure.

What is the typical way to set up a company

Most investors form a Thai limited company with at least two shareholders, reserve a company name, file the memorandum of association, hold a statutory meeting, register incorporation, and register for tax and VAT when required. Opening a bank account, leasing premises, and obtaining sector licenses follow. Timelines vary from a few days to several weeks depending on complexity.

Do I need BOI promotion to invest

No. BOI promotion is optional and granted for specific activities that meet policy goals. If approved, you may receive tax and non tax incentives, and in some cases foreign ownership relief. If your activity is not eligible or you choose not to apply, you must comply with the standard foreign business rules.

Can foreigners buy property in Bueng Kum

Foreigners can buy freehold condominium units within the foreign quota and subject to proof of foreign currency remittance. Foreigners generally cannot own land. Alternatives include long term leases, company structures that comply with the law, or BOI promoted land ownership in limited cases. Always verify title and zoning before committing.

Is using nominee shareholders legal

No. Using nominees to conceal foreign control violates the Foreign Business Act and can lead to serious penalties. If you need foreign control, consider lawful options such as a foreign business license, BOI promotion, or treaty eligibility if applicable.

What taxes should I expect

Common taxes include corporate income tax at 20 percent, VAT at 7 percent for most goods and services, withholding tax on certain payments, and payroll related social security. For property, expect transfer fees and either specific business tax or stamp duty depending on the case, plus annual land and building tax for owners or users.

How do I hire foreign staff

Foreign hires need the correct non immigrant visa and a work permit or a smart visa category if eligible. Non BOI companies typically must meet capital and Thai staff ratios per foreign employee, subject to policy at the time. BOI promoted companies often have facilitated procedures. Plan timelines and documents early.

Can I repatriate profits from Thailand

Yes, dividends and other profits can be remitted subject to tax compliance and foreign exchange rules. Keep proper records and obtain a foreign exchange transaction form from your bank for larger remittances. Some payments may be subject to withholding tax and treaty relief where applicable.

What permits are needed to open a restaurant or shop in Bueng Kum

You will need company registration, VAT if applicable, a commercial lease, local health and safety clearances, and sector licenses such as a food shop license or alcohol sales license if relevant. Renovations may require building permits, and signage is subject to signboard tax. The Bueng Kum District Office coordinates many local inspections and permits.

Do I need a license to offer investment advice or manage funds

Yes for regulated activities. The Securities and Exchange Commission licenses securities dealers, investment advisers, fund managers, and crowdfunding portals. Operating without proper licensing can lead to penalties. Unregulated general business consulting must still avoid crossing into regulated investment services.

Additional Resources

Thailand Board of Investment for investment promotion, incentives, and aftercare services.

Department of Business Development, Ministry of Commerce for company registration and corporate filings.

Revenue Department for corporate income tax, VAT, withholding tax, and e tax invoices.

Bank of Thailand for foreign exchange regulations and remittance rules.

Office of the Securities and Exchange Commission for capital markets and investment services licensing.

Department of Lands and Bangkok land offices for title searches, transfers, and registrations.

Bangkok Metropolitan Administration and Bueng Kum District Office for local permits, building control, health and safety, and signboard tax.

Department of Employment and Immigration Bureau for work permits and visas.

Office of the Personal Data Protection Committee for PDPA guidance.

Thailand Arbitration Center and Thai courts for dispute resolution options.

One Start One Stop Investment Center for multi agency investor support.

Next Steps

Define your project in detail, including activities, ownership, staffing, premises, and budget. This determines whether the Foreign Business Act applies, what licenses you need, and whether BOI promotion is worthwhile.

Engage a Thai lawyer experienced in foreign investment and Bangkok permitting. Ask for an initial compliance map that identifies required approvals, indicative timelines, fees, and regulatory touchpoints in Bueng Kum and at the national level.

Conduct due diligence before you commit. For companies, verify counterparties and sector restrictions. For property, confirm title, encumbrances, zoning, environmental issues, and building rules. For franchises or partnerships, review IP rights and contract enforceability.

Plan immigration and staffing early. Align your hiring plan with visa and work permit quotas or consider BOI pathways that ease these constraints.

Set up tax and accounting systems from day one. Register for VAT if required, implement withholding and payroll, and adopt compliant invoicing. Review profit repatriation and transfer pricing policies.

Document everything. Use bilingual contracts where appropriate, ensure proper corporate resolutions, and keep foreign exchange paperwork for capital and condo purchases.

If you need assistance now, prepare a short brief describing your business model, ownership, location in Bueng Kum, and intended timeline, then consult a qualified lawyer to receive tailored legal advice. This guide is general information and is not a substitute for legal advice on your specific situation.