Company Formation

At first glance the law regarding property ownership in Thailand seems fairly difficult for foreigners, but
it is really no different from most other countries. Thailand real estate laws state that foreigners may not own
land in their own names; but have the right of ownership of buildings only. However, there are ways
in which foreigners can legally acquire the use of land here in Thailand.

The easiest option is to put the asset into your wife or girlfriend’s name, but as we are sure you
will have heard prior to reading our website, this is not always the safest option in the long run!
This is why we thoroughly recommend the most common practice of opening a Limited Company.

Foreigners, aliens, or farangs as we are often known, can form a Limited Company and register the land as owned by the company.
The foreigner can personally own maximum 49% of the company shares, with the remaining 51% in the names of Thai nationals
(39% - 61% is the favoured division for land ownership to satisfy land office regulations).
You, the foreigner are named as the sole executive director in the company's ‘Articles of Association’ and also benefit from preferential shareholding, which allows you to have greater voting power and so greater control. A Thai Limited Company must have a minimum of 7 shareholders – e.g. 1 Foreigner and 6 Thai persons. New stricter controls may now require evidence of eligibility of shareholders to purchase their shares.
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We receive many enquiries from clients expressing concern that limited companies that are owned by foreigners could be exposed to 'special future legislation' by a (future) ‘extreme nationalist government’ with the intention of stripping foreigners of their property investments in Thailand. However, the truth is that your Limited Company is technically owned collectively by the shareholders, not the foreign director. Therefore, Limited Companies are Thai juristic entities subject to the Thai commercial law, and any changes to legislation must apply to ALL Limited Companies, not only those whose directors are foreigners. Commercial and personal Thai law really is no different from legislation in most other countries, and it applies to all juristic entities in Thailand, whether Thai or Foreign.
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How do I set up a Limited Company?

The Thailand Ministry of Commerce requires many documents to be filed when registering a Limited Company.
It should be noted that the bureaucratic process here in Thailand is very thorough and requires a great deal of documentation! However, we take care of everything, and our expertise will make this process very simple for you.
Processing your company formation with us will only require minimal time from yourself.  Enquire now...

Basically, this is how it works:
1) You need to decide on the name of your company.
2) You need to provide a registering address for your company.
3) You must submit a ‘Memorandum of Association’ listing all shareholders and the company Business Activities.
4) You then hold a ‘statutory meeting’ and document the minutes.
5) Your Company registration application is then processed at the Ministry of Commerce.
6) Finally we obtain your income tax ID card and number from the Revenue Department, and order your company stamp.
7) After a few weeks, you are presented with all your completed company documents and company stamp.

The costs of setting up a limited company depends on the registered capital of the company.
A minimum capital registration for most requirements now is a one million baht company. However, to acquire a work permit, the company must have a minimum registered capital of 2 million baht per each foreign worker. It is Thai regulation that a foreign business is required to prove they have a specific minimum amount of capital prior to approval. This can be done by submitting a document evidencing a bank account containing the specified amount, or with a declaration from the company director that the capital has been collected from the shareholders.
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Company Accounting Services

As with any other country in the world, every company must process accounts, provide balance sheets and
pay any relevent taxes due. In Thailand the tax year runs with the calendar from January through to December.
Balance sheets must be calculated every six months, and the tax paid yearly. There are penalties for late tax
payments, but as long as your accounting is kept up to date and the tax payments are made on time, there is
nothing to worry about this side of owning a limited company. The important thing is getting a good accounting
service. If you would like to use our team, please contact us.
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Work Permits

Under the Alien Employment Act 1978, a foreigner cannot perform any act of work or service unless a work permit has been granted.
There are many regulations in place now that must be satisfied for a foreigner to be granted a work-permit, like the company must also employ 4 Thai staff members for each foreign worker.

Your work-permit application must be submitted to the Labour Ministry, who will require:

- copies of various corporate documents of your sponsoring company
- copies of your Passport
- your CV and Educational Certificates
- a recent Medical Certificate
- multiple photographs
(other documents may also be required subject to case)

Your work permit is only valid for the particular job for which it was issued and within the geographic limits specified.
The work permit issued will display:

- name of the employer for which the applicant may work
- describe the position held
- describe the employment activities for which the permit is granted
- specify the location at which the activities may be performed

The work permit is valid for a maximum period of one year, application for renewal must then be made before the expiry.
You must apply in advance for any change in the identity of the employer, the position held and duties to be performed, and also the location for the performance of the work.
Again, with our expertise, we can provide all the necessary arrangements to support you through your work-permit application. Simply sit back and relax, allowing us to run around and complete all the hard work for you. It is very important to get everything correct from the start.
Mistakes in your work-permit application can be costly, not just in terms of time. Enquire now...
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Visas


To apply for your work-permit, you will first require a Non-immigrant visa, type “B” (Business Visa) from a Thai Embassy or Thai Consulate abroad prior to entering Thailand. Once you arrive, you will receive a permit to stay for 90 days. After a stay of not less than 60 days but prior to the expiration of the visa, you can apply for a one-year visa to stay in Thailand from the Immigration Bureau.
Once approved, a one-year visa will be stamped in your passport. Dependents can apply for a Non-immigrant type “O” visa from a Thai Embassy or Thai Consulate abroad prior to entering Thailand.

The visas of the following dependents may be extended to correspond with your own visa:

a) your parents
b) your spouse by legal marriage
c) children under 20 years of age not married or disabled

Other Visas we can help you with are ‘Retirement’ and ‘Marriage’ O-Class visas.

If you are 50 years of age or over you may apply for a ‘retirement visa’ under Thailand’s ‘extended stay programme’.
You must prove that you have either 800,000 baht deposited in a Thai bank account, or a regular income of 65,000 baht per month, or a combination of the two, equating to a total minimum of 800,000 baht per year. This can be in the form of your pension.

If you are married to Thai citizen you may apply for an 'O' Class Dependent's Visa, often called ‘marriage visa’.
You must prove that you have either 400,000 baht deposited in a Thai bank account, or have a guaranteed regular income of 40,000 baht per month - or a combination of the two, equating to a total income minimum of 400,000 baht per year.

Holding any of these long term visas requires you to report to the Immigration Bureau every ninety days.
This is a very important procedure that should not be overlooked as consequences are that your visa will be revoked and you will need to apply again.
Whatever type of visa you require, Fox Legal Services can assist you ensuring your application is filed correctly, saving you all the headache often reported by people that try to do it themselves! Enquire now...
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Marriage


Thailand is one of the most beautiful locations in the world to marry, and getting married here is actually a fairly simple process.
If you plan to marry in Thailand you have to obtain clearance from your respective embassy. This includes clarification of your name, citizenship and legal freedom to marry. This document then has to be translated into Thai and legalised pursuant to the law of Thailand, before finally submitting with your fiancée’s documents and registering your marriage at the local amphur.
Thai registered marriages are recognized worldwide.

Added benefits of marriage are the bonus of being able to apply for a ‘marriage visa’ to stay in Thailand,
or even applying to take your wife/husband back to your home country.
Fox Legal Services can guide you through the whole marriage process which can be as quick as one week!
 Enquire now...


Protecting your assets with a Prenuptial Agreement

We have all heard the horror stories about lost fortunes through marriage, or more accurately divorce!
‘Prenuptial agreements’ are a legal standing agreement that can help you if you have assets of substantial value like property.

They form a financial plan that can be managed through the marriage or upon the break-up of the marriage. Understand that these are made before a break-up which is very different from trying to agree during a break-up! You are able to divide property into categories of separate and communal ownership, and specify how finances are managed during your marriage (except for provisions of child support).

If you think you will need to draw up a prenuptial agreement, then please contact us, we can process this for you properly,
ensuring you receive the peace of mind that your assets are properly secured.
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Contract Preparation

Agreements may take place for property rental or sale, business and employment matters, joint ventures, loans, guarantees etc. It is always best to secure any agreement with a proper binding contract. Such contracts must have all parties clearly defined and identified, the offer documented, and agreed to be accepted by both parties.
Of course, the agreement must also be in line with the law. It is very important to specify which law the contract applies to,
including if the need arises to file complaint or court proceedings. Generally, if the contract is between parties
of the same nationality, then their own law applies.; Otherwise, the law applies to the country in
which the contract was written.

Whatever your contract requirements, no matter how simple, please ask us for advice.
Fox Legal Services often see something very important that our clients overlooked.
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Translation


Fox Legal Services are also pleased to offer full translation services, whether for business or personal matters.
These might be sales contracts, or other legal documents, or even your personal love letter!
Sometimes just a slight mistake in translation can mean a big difference in the way your letter is received.
Need help in translating? Please contact us.
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Household Building & Contents Insurance

It takes time and effort to establish your home for you and your family to enjoy. For safety and peace
of mind at home, there is no better protection than our recommended household insurance package.

This comprehensive insurance plan covers the contents of your home from loss or damage caused
by fire, theft, windstorm, burst pipes, water damage, and many other accidental damages.
Please contact us for further information.

Renting?

For further peace of mind, we extend this cover to include loss of rent money owed to you or payable by you, as well as:

• Loss or damage to your tenants property
• Cover of up to 100,000 baht if you are fatally injured at home
• Protection for you and your spouse against legal liability to third parties

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Health Insurance

If you are an Expat living and/or working abroad, there is nothing more important than ensuring you
have adequate medical cover for you and your family.
The cost of medical treatment is increasingly expensive and very difficult to arrange, particularly in
an emergency.
Accessing the right kind of health insurance cover can turn out to be a nightmare.
Let us help you - We have access to Private HealthCare schemes made specially available to
Expatriates, with all levels of cover and added freedom to choose the hospital of your choice.

There is also a dental option. Enquire now...
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Property Finance

We are all aware of the property boom in Thailand. Until now, financing property sales in Thailand
has been on a 100% cash basis with no finance option available to the foreign investor. However,
things are changing now and we are delighted to offer competitive mortgage finance for residents
and non-residents purchasing property in Thailand.
We also specialise in sourcing and arranging overseas finance for property purchases in Thailand -
be it for a second holiday home or an investment property.

There are possibilities to use your property in your home country or here in Thailand as
security for your loan. Please contact us for further information.
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