Phuket Legal Firm
Foreign Business License & Certificate
Foreign Business Act legal services in Thailand covering FBL, FBC, foreign-owned companies, treaty rights, BOI-related certificate routes and regulatory compliance.
Foreign Business Act Review
Foreign investors should determine whether the proposed business is restricted under Thailand's Foreign Business Act B.E. 2542 (1999), whether another law applies, and whether the business may rely on an exemption, treaty right, investment promotion or another recognised legal basis. The analysis should focus on the actual activities carried on in Thailand, not only the company's registered objectives.
FBL and FBC Are Different
An FBL and an FBC should not be treated as interchangeable. An FBL is generally permission to conduct a restricted activity, whereas an FBC generally evidences a right arising from a qualifying legal entitlement or exemption. The legal basis should be confirmed before filing.
BOI-Promoted Businesses
Where a foreign business has investment promotion, the promotion certificate and approved scope should be reviewed together with the Foreign Business Act. Depending on the promoted activity and applicable statutory route, a Foreign Business Certificate may be required. BOI promotion should not be assumed to authorise activities outside the approved scope.
Treaty & International Agreement Routes
Where a foreign investor relies on rights under a treaty or international agreement binding on Thailand, eligibility, nationality, ownership and the proposed business activity should be reviewed carefully. A certificate procedure may apply where the statutory requirements are satisfied.
Company Registration Is Not Business Permission
A company may be properly incorporated with broad registered objectives while particular activities remain restricted or separately licensed. Corporate registration, Foreign Business Act compliance and sector-specific licensing should therefore be reviewed as separate but connected issues.
Nominee Shareholding & Beneficial Ownership
We do not recommend or arrange nominee shareholders, concealed beneficial ownership, artificial funding arrangements or other structures intended to circumvent foreign-business restrictions. Shareholding, funding and control arrangements should be genuine, lawful and capable of being supported by appropriate evidence.
Foreign Business Licence (FBL)
A Foreign Business Licence is generally relevant where a foreigner proposes to carry on a restricted business and permission is required under the Foreign Business Act. The application may require detailed information concerning the applicant, ownership, proposed activities, investment, operations, technology or know-how, employment, business plan and other matters relevant to the authority's consideration.
Foreign Business Certificate (FBC)
A Foreign Business Certificate is generally relevant where the foreign business has a recognised legal basis to conduct the activity without following the ordinary FBL permission route. Depending on the circumstances, this may include rights arising under an applicable treaty or agreement, investment promotion, permission under another qualifying law, or another statutory certificate route.
Our FBL / FBC Services
We can assist with: initial Foreign Business Act analysis; review of foreign status and ownership; classification of proposed activities; FBL/FBC route assessment; BOI or treaty-related coordination; corporate restructuring where lawfully appropriate; preparation of application and supporting documents; business-plan and operational information; responses to authority requests; and post-approval compliance review.
Before Commencing Business
Where permission or a certificate is required, the business should obtain advice before commencing the restricted activity. Starting operations first and addressing the regulatory position later can create avoidable legal and compliance risk.
Documents We May Need
Company affidavit and objectives; shareholder information; director information; ownership and funding evidence; group structure; description of actual business activities; contracts and customer arrangements; business plan; investment information; staffing plan; technology or know-how information; BOI documents where applicable; treaty/nationality evidence where relevant; existing licences and government correspondence.
Planning a foreign-owned business in Thailand?
Send us the proposed activities, ownership structure, investor nationality and available company documents. We can identify whether the business should be reviewed for an FBL, FBC, BOI-related route, treaty-based route or another regulatory approval.