Do we need a Foreign Business Licence to operate this activity in Thailand as a 50%+ foreign-owned company?

Whether a licence is required depends on the specific activity and how the business is structured. A company registered in Thailand is a foreigner under the Foreign Business Act if 50% or more of its shares or investment are held by foreigners. What that company may then do depends on which of the Act’s three annexed lists its activity falls under — and whether it holds a licence or, in the BOI and treaty cases, a certificate. Corporly reviews your activities against the Act before confirming whether an application is needed.

List 1 covers national security, culture, traditions and natural resources and is closed to foreigners. List 2 covers businesses that may affect security, national interest or natural resources (Foreign Business Licence; Cabinet). List 3 covers businesses Thai nationals are not yet ready to compete in, largely services (Foreign Business Licence; Director-General with the Committee’s consent). An activity on none of the lists does not need a licence under this Act. Which list applies turns on how the activity is characterised.

Where the business is BOI-promoted, authorised for export or industrial purposes under specific laws, or covered by a treaty, the instrument is a Foreign Business Certificate instead — obtained by notifying the Director-General rather than applying for permission. Treaty rights extend only to the business types that treaty permits; List 1 activities may remain restricted regardless.

Timing depends on the activity, document completeness and authority review. Corporly can state the time its own assessment and preparation stages need once information is complete. The authority’s review period is outside Corporly’s control; no approval date is offered. As already published: the authority has 60 days from submission to decide a licence application, and the Cabinet may extend that by up to 60 days more for a List 2 business; the licence itself is issued within 15 days of approval. A certificate must be issued no later than 30 days from receipt of a valid notification.

No. The assessment is not a legal opinion and is not a confirmation that a licence will be granted. Approval rests solely with the relevant authority. It does not prepare or submit an application — that is the separately scoped implementation stage.

The assessment is free. No fixed application fee is published, because the work depends on the activity and the evidence required — the scope and fee are confirmed in writing before substantive work begins, with government charges identified separately. There is no obligation to proceed.

No. Sector-specific regulation is assessed separately. A Foreign Business Licence does not stand in for a sector licence, and a treaty does not grant a blanket right to conduct any business in Thailand.

At least 2 million Baht for a general business not receiving special privileges, and at least 3 million Baht per business activity where that activity requires a licence under the annexed lists. The free assessment reviews whether the minimum capital for that route is in place.