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Foreign Business License Application in Thailand?

Transcript of the above video:

As the title of this video suggests, we are discussing Foreign Business Licensing in Thailand. So first of all to preface, this is a very different thing than what is called a Foreign Business Certificate which may be issued under the auspices of the Board of Investment in Thailand. Very different also from an Amity Treaty Certificate which is issued under the provisions of the US-Thai Treaty of Amity to American Companies looking to do business here. 

A Foreign Business License is issued under the promulgated Foreign Business Act, under the provisions of the Foreign Business Act specifically and it is issued by the Ministry of Commerce. Foreign Business Licenses are issued at the discretion of the Ministry of Commerce so they are highly discretionary, very different thing from dealing with the BOI where BOI, it is kind of its own type of adjudication insofar as these concessions are granted based on certain types of business activity that Thailand is looking to bring in. Meanwhile Amity Treaty Certification, those are issued under the direct terms of the Amity Treaty itself. Foreign Business Licensing, again it's under the terms of the Foreign Business Act but it is very much issued at the discretion of the adjudicating Officers in the Ministry of Commerce who make the decision as to whether or not a foreigner should be granted a Foreign Business License and therefore be able to own their Thai Company with more than 49% ownership as opposed to sort of the standard protocol under the Foreign Business Act which effectively requires a 51/49 Thai to foreign ownership ratio within that corporate structure.

So again, Foreign Business Licensing can be rather complex and remember it is subject to discretion of adjudicating officers so those who are looking into that, it might not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.