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Answered9 years ago

Can a Thai citizen owning 51% of a company provide a foreign partner with a work permit in Thailand?

David ********
asked Dec 28, 2017
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I was told recently that as long as a Thai has 51% of the business and you the other 49% that they can get you a work permit visa etc.

Seemed far too simple to me. Anybody able to shed light on the matter?
Answer summary
The notion that a Thai partner having 51% ownership in a company allows a foreigner to obtain a work permit is overly simplified. While it's possible for a foreigner to own 49% of a Thai company, it does not automatically guarantee a work permit. Requirements include having a minimum number of Thai employees, proof of social security contributions, and a significant annual revenue (around 800,000 baht). Additionally, specific company structures like an Amity Company require a capital investment and must fulfill more extensive obligations. Overall, establishing a company in Thailand and obtaining the necessary work permits can be complicated and costly.
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Joe ***********
Joe ***********
One important point. From my direct experience - Once the Thai Registered Company is set up, depending on valuation 2 to 4 Thai Employees are required. For the most Work Permit and the 90 Day B visa the Foreign owner must show by receipt that the Social Security payments have been made for the Thai Employees. Then when applying for a One Year Extension of the B Visa One must show S.S. Payments, Withholding Income Tax payments on the Employee and for the Foreigner Shareholder Applicant. Then add a big stack of company formation and certification documents and many others. My App Stack was at least 8 CM thick - two copies. Then after the provisional stamp (wait one month for final stamp) - an I/O comes to your place of business to inspect and check and see and take photos of the Thai Employees. Every B Visa Extension App here in the South goes to Bkk for sign off (the 30 day wait)
Koos *****************
Koos *****************
As far as i know, for you to be able to get a business visa and workpermit through your company, the company has to make more than 800k per year.
David ********
David ********
OP
How do start ups get a visa then? And I know they do as it was a foreigner in a new restaurant who told me
Johnsuma ******
Johnsuma ******
most make bankrupt after one year...
Steve *******
Steve *******
You can own 49% of shares in a Thai company but it wont entitle you to a work permit or visa
เดวิด **********
เดวิด **********
I guess a lot depends on how you do it/who you use. But I initially setup an LTD company for about 55k all in and it took just under 3 weeks. There were no monthly fees, though technically it should have been 1500.

I later changed it to an amity company to own 100%, get rid of any Thai partners and fake employees and buy land. That took a month and another 70k but well worth it!
Jeremy ********
Jeremy ********
I have read conflicting requirements online about the Amity visa....thank you for your comments it's cleared things up for me
เดวิด **********
เดวิด **********
Baht haha.
Jeremy ********
Jeremy ********
@เดวิด *********
was that in Baht or Dollars?
เดวิด **********
เดวิด **********
@Jer***
the capitalization was 3 million, I had to show a bank balance of at least 25%(750,000) which I already had. The 70k was just fees.
Jeremy ********
Jeremy ********
I thought the regulations for the amity company was ฿3 million or more to use that...฿70,000 is not bad
David ********
David ********
OP
That seems far more sensible, cheers. Thought they made it sound impossibly easy
David ********
David ********
OP
Hi Jason I’d appreciate a little understanding. All very new to me and I’d only consider it if it was easy.
Jason *********
Jason *********
Carl Daniel Heaton that’s what I mean.
Jason *********
Jason *********
Carl Daniel Heaton I don’t know where to start as there is so much wrong information in this thread. PM me for a chat if you want....
ริค ***********
ริค ***********
Don’t you need to make a limited company with 3 share holders as well
Daniel ************
Daniel ************
2 mio capital / 50% paid in, 3-4 thai employees under sso - then u can get it
Joe ***********
Joe ***********
To actually roll out it is complicated a d expensive - several months to get done. Plus monthly expenses after it is done Got 100,000 Baht to get started?
Jason *********
Jason *********
Carl Daniel Heaton #LawyersForTheWin
Johnsuma ******
Johnsuma ******
wow., you will not lives long!
David ********
David ********
OP
That’s my bar bill for a week

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