What are the implications of being a foreign shareholder in a Thai company without a work permit?

Thai company registration foreign shareholder work permit non-immigrant O visa rights as a shareholder business ownership in Thailand real estate law foreign investment regulations

Apr 23, 2024

8 months ago

Step *****

ORIGINAL POSTER

Hi all,

I am not sure where to post this, so I hope someone in this group will be able to give me advice.

I want to register myself as a foreigner in the Thai company of my family. I know max. 49% shares can be owned and that is fine.

But I would like to validate a few things:

- If I am registered as shareholder in the Thai company, and I don't have a work permit, will this bring me any problems? We will not pay myself any salary.

- If I am registered as shareholder, and something happens within the company. Do I have any rights as a foreigner to claim my share?

- Any other advise that you would like to share with me?

FYI, my Visa is non-immigrant O (spouse), and spouse is the main shareholder of the co.ltd

Thanks in advance, hoping on constructive comments only 🙏🏽

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TLDR : Answer Summary

The user seeks advice on being a foreign shareholder (limited to 49% ownership) in a Thai company without a work permit. Key concerns include potential issues from not receiving a salary as a shareholder, rights as a foreigner regarding share claims during company disputes, and any additional advice relevant to their situation, particularly under a non-immigrant O visa due to marriage to a Thai national.

Chris *******

You are not allowed to work without Visa business + work permit..

You are investor in a thai company as minority sharehoders at 49%.

You must be President of the company with a mention in the company statue as you are the only one person to make decicion..

Use a lawyer to make the status

8 months ago

Juls ******

You cannot work "officially" in the compagny you own without work permit.

If you need to be "in control" can have 2 types of share, one owning but without vote, the other one owning too, but can vote. This way you have 100% control.

In case of trouble, you can sell, or anything you want (legacy).

Chokdee Krap

8 months ago

John **********

Don’t you think you are better asking a Thai attorney about all this. ijs…

8 months ago

Reply to

John **********

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