What are the challenges of starting a business in Thailand as a foreigner, especially regarding capital requirements and regulations?

Oct 9, 2024
7 days ago
Joe ********
ORIGINAL POSTER
Hello everyone, I am interested in starting a business in Thailand. There are a couple of issues I am running into. If anyone has anything to share about any of them I would appreciate the advice.

1. Having to register so much capital isn't practical for my idea.

2. My Thai girlfriend is also a government officer, and our understanding is that she can nit be a director due to the conflict of interest.

Right now my only alternative ideas are to come up with a whole different business idea. One that I could go to some investors with to raise the capital. My current idea involves assisting tourists and is very minimal with necessary startup costs(besides the capital registration). This would really change the nature of the start small method, so I am really not to happy with doing that.

The second idea I have is to approach local tour companies. My original ideas involve contracting out the services my guests would need. So the agreement I would pitch is one where I bring g the existing company my customers, take care of any additional needs they have, and then take a percentage of the sales from the customers I bring in. The issue I have with this is that I am totally unfamiliar with Thai business culture, and the best way to approach people with proposals.

Thanks again for any input.
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TLDR : Answer Summary
Starting a business in Thailand presents challenges, especially regarding registered capital and ownership rules for foreigners. A foreign-run business generally requires 2 million baht in registered capital and can only have a maximum of 49% foreign ownership. Additionally, government officers cannot serve as directors, complicating matters for those with Thai partners. Options include exploring different business structures, finding local investors, or collaborating with existing companies. Networking and understanding local business customs are essential. The Treaty of Amity may allow Americans to own 100% of a business without a Thai partner.
Pranom **********
Hello,

Starting a business in Thailand comes with unique challenges, and it sounds like you’ve already identified a couple of key hurdles. Here are some suggestions for each of the issues you raised:

1. Registered Capital Requirements:

If the business idea involves minimal startup costs, but the registered capital requirement seems too high, you could consider setting up the business with the minimum registered capital required for a foreign-owned company. Typically, a foreign-owned company needs 2 million baht registered capital for each work permit. If you don’t need a work permit right away, you could look into other structures, such as setting up the business under your Thai girlfriend’s name with 51% ownership, but considering her being a government officer, this may not work for you (more on that below). Another option would be exploring the possibility of finding Thai business partners or investors to reduce the required capital on your end.

2. Thai Girlfriend as a Government Officer:

You’re right to be cautious about conflict of interest rules. Government officers in Thailand are generally prohibited from being directors of private companies. In this case, it might be best to have someone else as a director, even a trusted business partner or a nominee, provided that they fully understand the implications and that your rights as an owner are protected.

3. Rethinking Your Business Idea:

You mentioned that you might need to pitch to investors for more capital. Before switching ideas entirely, it may be worth exploring if there are government incentives or programs that could support businesses in tourism or if the Board of Investment (BOI) has specific schemes you could benefit from that could reduce the initial capital burden. Your idea of working with tourists might also be suitable for partnerships with existing Thai companies, as you mentioned.

4. Partnering with Local Tour Companies:

This could be a great way to enter the market with lower upfront costs. Thai business culture values relationships, so networking is key. Approach potential partners with a clear, concise proposal that shows how your business can add value. Building trust and fostering long-term relationships will be important, so take time to develop rapport with these companies. Be patient, as Thai business negotiations often take longer than you might be used to. It may also help to have a local Thai consultant or lawyer assist you in making the right connections and handling the paperwork.

Feel free to reach out for any further clarification or specific legal advice. Best of luck with your venture!
Deni ******
The 2 million registered capital in baht isn't actual money you need in cash - over the course of the first year you are only liable for the first 25% to be paid up/claimed/etc. It's just a stamp you pay for as you do the business paperwork.
Nick ************
Do not invest anything in Thailand that you can not afford to walk away from. Ever. Many fallang dont even get to keep the home they built and paid for.
Viva ******
I am an attorney here in Thailand and also running a tour comepany here in BKK. Our tour company also accept freelance sale representative. If you​ would like to discuss please feel free to DM me.
John *********
@Viva *****
I like your fake Facebook account.
Viva ******
@John ********
Well, it is only missed typing on the phone. I am not writing legal advise so no need to worry that much. And yes, NO NEED to invest money to my company. We do not accept investor. Yes, I do not care what you think about me either. If you think it's​ fake then it fakes!!! who cares???
Alex *******
@Viva *****
ignore this old fart. Unfortunately this group is full of that kind of loser.
John *********
@Viva *****
oh yes, sign me up. You’re the only attorney who cannot spell company. How much money should I bring to “invest” with your “company”?
Mike *********
My advice? Don’t! Establish a business elsewhere, get it profitable with trustworthy employees and then go to Thailand and live off the profits. Basically, if there’s a business opportunity in Thailand, the Thai’s already have it covered and anything that you want to do, they’ll make you jump through hoops and make it a pain in the arse for you. They’ll tie you up with red tape at any and every chance they get. We won’t talk about the monthly envelopes………. Cheers.
John *********
Janelle *****
Treat of Amity if you are American. 🇺🇸 if not disregard

It allows Americans to own 100% of a Thai business
John *********
@Janelle ****
ok, let’s say you can swim upriver against the current and convince all the people who will have some kind of power over your business that you are the one who doesn’t need a Thai business partner. Then you invest your large sum of money to get no return on investment or lose plenty of money by adding your last bit of money to keep it afloat or make a paltry 1% or 2%. Better to put the money in a high yield savings account in your home country to at least earn 4
***
%.
Janelle *****
@John ********
you mean you can't use the treaty as intended then?
Leon ********
You are going to lose your money. Dont be led by emotion. Ignore my advice. Pay the price. Start a business in another 1st world country. Ea Aus or NZ . Take monthly income and live in Thailand. Retain your share and not be deceived. You will have your shareholding left when you sell. Do NOT be STUPID.
Joe ********
ORIGINAL POSTER
@Leon *******
I thought setting up a sales business was a pretty smart idea. What's there to take? I appreciate your sentiment though.
Leon ********
@Joe *******
buddy, i promise you. Look at the odds . Do not let any female input affect your thinking. It will cost you dearly. Please protect yourself. Of course you should have initiative. But on your own known terms. Do what you know and are familiar with. Let that guide you. Talk to most people on this forum and they will agree. We have to look out for each other. Remember, at the end of the day; you are just another " FARANG " !
Joe ********
ORIGINAL POSTER
I appreciate it. But doing this for a woman tells me there is a misunderstanding of the situation. Thanks again.
Kami ******
Following
Lawrence *******
If you are an American Citizen, look up Treaty of Amity. An American can own a business 100% and "Not" need a Thai business partner. There is a monetary requirement of 2+ million baht plus other stipulations.

As others have pointed out, you do need to have close personal contact with the Thai companies you plan on doing business with. Once again, view the Treaty of Amity. If you are not American, disregard this response.
John *********
Only invest the money you don’t need anymore.
David ********
@John ********
why throw your hard earned money away on rubbish to feed some woman's ego
David ********
Invest you money in Australia and enjoy Thailand. Business here is foreign to us why stress yourself and put yourself in financial risk. What is the reward ??? Don't worry what your girlfriend thinks be concertive over here until you know the lat of the land. You are Chasing shadows for what
Andrew *********
Go to an agent 2 million capital not needed
Joe ********
ORIGINAL POSTER
@Andrew ********
What sort of agent? Do you recommend any?
Andrew *********
@Joe *******
someone like this
Ben ******
Hard to see any successful tour company paying you anything for bringing customers.
David ********
I have the capital in my Australian superannuation account savings, but the way my business or company would be structured mostly would not work. My advice is, it seems in time with your Thai partner, he or she, whatever your relationship is, 51% of that partnership. Thai partners could likely at some time finish up with the lot. You can do wonders if you own 51% of a business and be a Thai in Thailand. In common terms, this is usually called "A SCAM". It puts you at their mercy and with government endorsement. I have come to Thailand for extended holidays often, there are thousands of farang with 49% equity bar ownership, subsidising bars across Thailand with profits on a promise, where at some time will walk away from that business after subsidising out of their savings for a time and run that business to finish up with nothing...I wish them luck...Tuff, isn't it. Thousand do it, I know many people will come through OK but many will do their doe $0.00.
Kool *******
@David *******
the grey area to protect your ownership is in the corporate voting rights of the company stock the Thai partners own. It can, and is, set up so they don't have voting control of the business.
Kirsten *********
a solution is to have several shareholders who don’t know each other. So nobody has a majority share but the shares add up to 51 per cent or more. The rest of the conditions still apply. It’s not easy to get a work permit this way.
David ********
@Kool ******
I hope you are correct but so many people have had their fingers burnt. I'm not sure as you say if all of this has been tested in a Thai court. Looks dicey to me.
Patrick ********
You're going about it the right way. Ask the right questions. Not sure your business ideas have substance. We started in Thailand 12 years ago and it was a tough call. The first thing you will learn is that nothing good happens here without personal introductions to Thais within the field of your business. We had a lot of issues and in the end I just sold the Thai part of our business to Thai national as this was at the time our best option and I was out of it and so was the stress. Thailand is still a great country and with a unique business idea, and local contacts you can build something. Good luck 🤞
Kool *******
To get a work permit the business must have at least bt2million in registered capital, and that you hire at least 4 Thai employees you pay social security, and wages on. Then you can only own 49% of the business yourself. The rest must be Thais, and they've started cracking down on proxy Thai owners. Remember, you can not legally do any work without a work permit.
Kool *******
If your GF owns the business, it still must meet the same requirements in order for your work permit.
Joe ********
ORIGINAL POSTER
@Kool ******
It sounds like going to work for an established tour company might be my only option. Ty
Kool *******
@Joe *******
just so it is not a tour guide, as that is a restricted occupation. Each work permit a company sponsors requires what I listed registered capital wise. There is no way around that.
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