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Obtaining Foreign Business License

An investor has to apply for permission to conducting foreign business. The company can get
the license to operate this business by 3 different ways;

1. Apply for permission to operate foreign business under LIST 3 article (14) or (15)
    of the Foreign Business Act B.E. 2542 (1999).OR

2. If a company has minimum capital (paid-up capital) of 100 million baht for each of business,
    a company can operate a business without a license. However, company has to inform
    the Foreign Business Department before starting its business.OR

3. Thai company has to submit a principle approval letter to the committee of foreign business
    department. After that, the committee will consider whether your company will be allowed to be
    a foreign business. Once the company gets an approval, the company can transfer shares to
    a foreign shareholder. After the company becomes the foreign business, the company has to get
    a permission to operate the business as the company has explained in the principle approval letter.
    However, the officer of Foreign Business Dept. suggests an investor to visit the foreign Business Dept.
    head office (Sanam Bin Nam) to discuss on this issue.


The Business Lists under the Foreign Business Act BE. 2542 (1999)

According to the Foreign Business Act BE. 2542 (1999), foreigners are prohibited from operating
some categories of businesses, and some 
categories of businesses can be operating by obtaining
a licence or a 
certificate according to the Business Lists as a case may be.
 

  • Business List 1:
    covers Business which foreigners are not allowed to operate.

     
  • Business List 2:
    foreigners can operate business if permitted by
     the Minister of the Ministry of Commerce
    with the approval of the
     Cabinet.
     
  • Business List 3:
    foreigners can operate business if permitted by
     the Director - General of the Department
    of Business Development with
     the approval of the Committee
     

Application forms and application fees

  • (1) Complete application forms called Tor.2 , together with supporting documents
  • (2) License application fee is 2,000 Baht
     

Venue for submitting an application

  • (1) Bangkok : Bureau of Foreign Business Administration, the Department of
    Business Development, Ministry of Commerce,
     Nonthaburi1 Rd. 11000,
    Tel (662) 5474425-26, Fax (662) 5474427-28
  • (2) Other provinces: Provincial Commercial Offices


Procedure of issuing a license

  • (1) Business List 2: the Department of Business Development will propose an application
          to the Minister of Commerce who will endorse to 
    the Cabinet. After the approval of
          the Cabinet, the Department of
     Business Development will notify the applicant and
          issue the license
     within 15 days.
     
  • (2) Business List 3: the Department of Business Development will conclude the application
         details to the Sub-Committee and Committee of
     Foreign Business for an approval.
         After the Director- General's approval,
     the Department of Business Development
         will notify the applicant and
     issue the license within 15 days.
     
  • (3) The consideration period for approval of the application must be finished within 60 days.
         Operating business can be done after obtaining
     the license.
     
  • (4) In case of disapproval, written notification will be sent to an applicant within 15 days
          and the applicant is entitled to appeal to the
     Minister of Commerce within 30 days
          (no application form is required). It
     can be written as a letter by submitting to
          the Department of Business
     Development. The appeal consideration period will not
          exceed 30 days.

     

License fees

  • (1) Business List 2: 10 Baht for each registered capital of 1,000 Baht with the minimum
          of 40,000 Baht and the maximum of 500,000
     Baht.
  • (2) Business List 3: 5 Baht for each registered capital of 1,000 Baht with the minimum
          of 20,000 Baht and the maximum of 250,000 Baht.


For download:


For more information: Department of Business Development