Can foreign founders own a Thai company?

Foreign nationals can legally establish and hold shares in Thai companies, but the permitted ownership level depends on the company’s activities and legal structure. Founders asking can foreigners own a company in thailand should review the Foreign Business Act, investment-promotion options, licensing requirements, and genuine shareholder arrangements before registration.

A business may be treated as foreign when non-Thai individuals or entities hold 50 percent or more of its registered capital. Certain activities listed under the Foreign Business Act are restricted and may require approval before a foreign-controlled company can operate.

Foreign founders may consider several ownership routes:

• A Thai Limited Company with an eligible ownership structure

• A Board of Investment promoted company

• A company holding a Foreign Business License

• A Foreign Business Certificate where applicable

• A branch office

• A representative office

• A Treaty of Amity structure for qualifying United States investors

A standard Thai-majority structure is commonly used when restricted activities are involved. However, this does not mean Thai shareholders should be included only to satisfy registration requirements. Nominee arrangements are prohibited, and each shareholder should have genuine ownership, investment, voting, and economic rights.

When is full foreign ownership possible?

Complete foreign ownership may be possible when the proposed activity is not restricted or when the company receives an appropriate government approval. BOI promotion is one route available to businesses operating in eligible sectors and meeting the relevant investment conditions.

Depending on the approved activity, BOI promotion may provide benefits such as permission for greater foreign ownership, corporate income tax incentives, import-duty relief, and support with visas and work permits. The exact privileges depend on the project category and approval conditions.

A Foreign Business License may be another route for conducting a restricted activity. Approval is not automatic, so founders must submit information about the business, ownership, capital, technology, employment, and expected benefits to Thailand.

Before registering, founders should:

1. Define the company’s exact activities.

2. Check whether those activities are restricted.

3. Determine the required foreign ownership percentage.

4. Assess BOI or licensing eligibility.

5. Confirm registered-capital requirements.

6. Prepare genuine shareholder records.

7. Review visa and work-permit needs.

8. Plan tax, accounting, payroll, and banking.

Owning shares or becoming a director does not automatically authorise a foreign national to work in Thailand. The appropriate visa and, in most cases, a valid work permit must be obtained before employment or management duties begin.

The right ownership route should support the business’s real activities, hiring plans, investment goals, and long-term expansion strategy.