Foreigners Doing Business in Thailand
- Brian Ramsden
- 1 day ago
- 3 min read
Legal Structures, Nominee Risks, and FBL Requirements
On Tuesday last week, Lawyer Pook, myself, and our team met with the Department of Business Development (DBD), the Ministry of Commerce, and the head of the nominee crackdown division, among others.
The message from Thai authorities is clear: if you want to do business as a foreigner in Thailand, follow the law and you will be supported. If you want to invest in property, compliance ensures your investment remains protected.
The Reality: Misinformation and Nominee Use in Thailand
Despite ongoing enforcement, there is still widespread misinformation about foreign business ownership and property investment in Thailand. One of the most common issues is the continued use of Thai nominees.
Nominee arrangements—where Thai individuals hold shares on behalf of a foreigner—are non-compliant with Thai law and expose both the business and the individual to serious consequences.
Foreigners are still being offered these structures. This is a significant risk.
Legal Options for Foreigners in Thailand
There are legitimate and compliant ways for foreigners to operate a business in Thailand. These include:
- Obtaining a Foreign Business License (FBL)
- Operating within activities permitted under the Foreign Business Act
- Applying for Board of Investment (BOI) promotion
None of these legal pathways involve the use of nominees.
Choosing the correct structure from the outset is essential for long-term security and compliance.
Are You at Risk? Key Warning Signs
If you are currently operating a business in Thailand that you control as a foreigner, without a Foreign Business License (FBL), or where the activity is restricted under the Foreign Business Act and you do not have BOI approval, or where Thai nominees are being used to hold shares on your behalf, you may be asking: is it too late?
Once you are under investigation, it is.
This is why early action is critical.
Fixing a Non-Compliant Structure
If your current structure is not compliant, the only responsible course of action is to correct it properly—not just on paper, but in substance.
There has been an increase in companies offering quick fixes at high prices. Caution is essential. In many cases, these solutions simply replace one risk with another.
A compliant structure must reflect genuine ownership, control, and legal alignment with Thai regulations.
Investing and Doing Business the Right Way
Thailand remains a strong and attractive destination for foreign investment and business. The key is to approach it correctly.
By following the law and using proper legal structures, foreigners can operate successfully and securely.
Every solution we provide is fully compliant with Thai law. There is no circumvention—only clear, lawful pathways designed to protect you and your business.
Contact Lawyers for Expats Thailand
If you are unsure about your current business structure, or if you are planning to invest or start a business in Thailand, professional guidance is essential.
Contact us:
WhatsApp: +66956583038
Email: info@lawyersforexpatsthailand.com
Website: www.lawyersforexpatsthailand.com
We operate nationwide across Thailand.
I am the General Manager of Foreign Affairs. I am not a lawyer. My role is to act as a spokesperson for the company and as a bridge between our foreign clients and our Thai legal team, led by Kanokpich Ukritdutsadee, a lawyer and barrister with over 21 years of experience.
Be safe. Be legal. Have the right support by your side.
God bless.
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