Can a Foreigner Own 100% of a Company in Thailand? Legal Pathways for Full Foreign Ownership in 2025 | foreign business license Thailand
- gentlelawlawfirm
- Jul 12
- 2 min read
Updated: Jul 13
Introduction
One of the most common questions foreign investors ask is: Can I fully own my business in Thailand without a Thai partner? The answer is Yes—but only under specific legal structures featuring a foreign business license Thailand or other exemptions. This article outlines legal pathways, risks, and how GENTLE LAW IBL assists you.
What Is a Foreign Business License Thailand?
A foreign business license Thailand (FBL) is a permit under the Foreign Business Act B.E. 2542 required when foreign ownership of ≥50% occurs in Annex 2–3 activities. You must show economic benefit, Thai staff plans, and capital commitment; approval takes 3–6 months, and non-compliance risks fines (up to THB 1 million), daily penalties, imprisonment, and company suspension .
4 Legal Pathways to 100% Foreign Ownership
1. BOI Promotion
Secure 100% foreign ownership through a Board of Investment (BOI) promotion. Not only does BOI exemption remove FBA restrictions, but it also provides tax and visa benefits and eliminates the need for an FBL .
Timeline: 1–3 months
Capital typically ≥ THB 1 million per project
2. Treaty of Amity (For U.S. nationals only)
Under the U.S.‑Thailand Treaty of Amity, U.S. citizens and companies may own 100% of Thai companies (with some sector restrictions). Requires DBD certification and U.S. director majority.
Timeline: ~2 months
3. Foreign Business License Thailand (FBL)
Apply for an FBL if operating Annex 2–3 activities outside BOI or Amity. Approval based on economic benefit and Thai staff involvement; success rates around 50% .
Timeline: 3–6 months
Requires clear demonstration of national benefit
4. International Holding Company Structure
Use a holding company in Singapore or Hong Kong to control Thai businesses by layering ownership. Still subject to FBA unless used with BOI/FBL/Amity.
What NOT to Do – Avoid Nominee Structures
Using Thai nominees is illegal under FBA Section 36 and carries severe consequences: fines up to THB 1 million, imprisonment up to 3 years, asset seizure, forced closure. Thai nominee arrangements are actively prosecuted by DBD, BOI, and DSI. Do not attempt this.
Comparison Table
Structure | 100% Foreign Ownership | FBA‑Restricted Sectors | Approval Time | Risk Level |
BOI Promotion | ✅ Yes | ✅ Yes | Medium (1–3m) | Low |
Treaty of Amity (U.S. only) | ✅ Yes (U.S. only) | ✅ Some | Medium (~2m) | Low |
Foreign Business License Thailand | ✅ Yes | ✅ Yes (case-by-case) | Slow (3–6m) | Medium |
Holding Co. Structure | ❌ No | ✅ Possible | Medium | High |
Nominee Structures (ILLEGAL) | ❌ No | ❌ Illegal | Fast | ⚠️ Very High |
How GENTLE LAW IBL Helps
Tailored analysis of BOI, Amity, or FBL eligibility
Full visa and company incorporation support
Structuring for control and asset protection
Ongoing compliance monitoring
Our legal-first, one-stop approach ensures strategic solutions with no shortcuts or compliance gaps.
Conclusion
Yes—you can legally own 100% of a company in Thailand, but only through proper legal channels such as BOI promotion, U.S. Treaty of Amity, a foreign business license Thailand, or compliant holding structures. Steer clear of illicit nominee schemes. GENTLE LAW IBL can help you choose the right pathway tailored to your business goals.
📩 Ready to explore if you qualify? Book a private consultation with GENTLE LAW IBL today.
TAG : Non B Visa
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