Documents that must be prepared to request business operations In the case of registering a company
With the current economic situation returning to an upward trend. Including the economic situation around the world, it is getting better and better. Therefore, for this reason there are investors around the world circulating and starting to invest in Thailand. Opened many companies and established businesses. From statistics on the participation of foreigners in investing in Thailand in 2022, the amount was approximately 128,774 million baht.
Which, if calculated as a percentage, is considered an increase from 2021 to 56%, or approximately 47,000 million baht, with the number 1 country that comes to invest in Thailand being Japan. The total participation is approximately 39,500 million baht, followed by China, Hong Kong, and many other countries that have joined in investing respectively. And it is considered a good thing that foreigners come to invest in Thailand. causing Thailand to have an employment rate Creating more careers Money comes into circulation Including knowledge and new innovations that foreigners come to pass on to Thai people. and experience in developing businesses to make the economy more sustainable
If you are now the one who is about to choose a joint investment partner with a foreigner. Need knowledge about preparation Today we have information and methods for registering a company if foreigners hold shares. Generally for company registration or organized as a juristic person registered in Thailand In the case of a limited company, there must be co-investors. or at least 2 shareholders or more, and if you want to register together with foreigners What do I need to prepare? And are there any limitations? Let’s see.
According to the principles and regulations of a limited company If there are shareholders of other nationalities than Thai nationality Registration of foreign shareholder companies It will be similar to the case where there are Thai shareholders. But the proportion of foreign shareholders It is divided into 2 formats:
1. Own foreign shares not exceeding 49%
That is, there are not more than 49% of foreign shareholders. The established company will be considered a Thai contract company. Able to operate any business according to the law.
2. Own foreign shares of 50% or more.
That is, the shareholders are foreigners, not of Thai nationality. Holding 50% or more of shares is considered a foreign company. Must apply for a foreign business license And there are limitations.
– Prohibited from owning land
– Must have a license to operate a foreign business. As required by law
Some types of businesses are prohibited, such as radio stations, television stations, newspaper businesses. Print media animal husbandry Buy land or real estate Including rice farming, farming, gardening because it is reserved for Thai people only, unless that foreign business has received permission first to conduct business.
And if in the case of foreigners holding 100% of the shares, what should they do? Foreigners will be able to legally hold 100% of their shares in companies incorporated in Thailand by following these 3 points.
Applying for Foreign Business Licenses (FBL) is applying for a business license for foreigners.
Businesses that receive investment promotion (BOI) can apply for a foreign business certificate.
Law Section 11. Agreements to which Thailand is a party or obligations or foreign businessmen who are under treaties. You can apply for a foreign business certificate.
Documents that must be prepared to request business operations In the case of registering a company with foreign shareholders holding 50% or more of the shares (foreign company), there are 11 items as follows:
- Copy of house registration
- Company name
- Business license application form T.2 (3 pages)
- Letter of consent to use the location and a copy of the home owner’s ID card Location of the company’s main office
- Letter informing details of the type of business applying for a license.
- Copy of Thai ID card or a copy of an alien passport Details of address and number of shares Each of which has the purchase name of the founder of the company (at least 2 people) and the signature of every founder.
- Letter informing the specified amount of capital, number of shares, and value of the company’s shares. Shareholding ratio between Thais and foreigners Type or type of shares held by foreigners
- Documents showing that capital has reached the registered capital amount within 12 days (in this case, only for new businesses registered with more than 5 million baht)
9.Evidence showing the source of funds that corresponds to the paid amount of all Thai shareholders. (Only for new businesses with foreign shareholders investing in limited companies or foreigners who are authorized to act on behalf of the company)
- Bank account certificate of Thai shareholder. The amount is not less than the amount invested. (Only new businesses in which Thais and foreigners invest together)
11.Other evidence or documents (Depends on the need to use)
Did you see that there are foreigners as co-sharers? Therefore, using documents may require a lot of extra preparation. How good would it be if we had a team of accounting experts to do the work? Walk through the documents Therefore, we recommend CL Account, an accounting office with a professional accounting team. Experience and expertise in the accounting profession for more than 10 years, certified with ISO standards (9001: 2015) from the UKAS certification institute, including being certified as “Quality Accounting Office” helps develop and further develop the accounting foundation of the business. This is a clear point of difference. Because generally the accounting staff in the company will have to wait for information from you. To update new knowledge and develop in work You have to waste time feeding knowledge and new ideas to the team.
It’s different from hiring an accounting company because they will help you think further in developing your business carefully. Look at the possibilities both in terms of potential and legal aspects. Make financial goals Or the financial health of your business is growing well and without interruption. It is considered very good for your business, very worthwhile. And if now you need a professional accounting team To take care of financial healthView various documents in an orderly manner. CL Account is the number 1 choice that is good for your business. We are also certified as “Tax Agent Accounting Office” directly from the Revenue Department You can inquire and consult about setting up a company with foreign shareholders using the contact information below.
