Foreign Business Licence
Registration is done. The Foreign Business Act fork still isn’t.
Published 30 Sept 2026
Corporly is led by an experienced Thai corporate lawyer. We focus on Thai legal and compliance work for foreign direct investment (FDI) into Thailand — including Thai-side support on cross-border M&A.
Thai company registration creates the entity. It does not answer the Foreign Business Act question. If 50% or more of the shares or investment are foreign-held, a Thai-registered company is a foreigner under the Act. What you may then do depends on which of the Act’s three annexed lists your activity falls under — and whether the route is a licence, a certificate (for example on BOI or treaty grounds), or neither.
Four questions still decide the fork after registration:
- Is the company a foreigner under the Act?
- Which annexed list does the activity fall under?
- Is the minimum capital in place?
- Licence — or certificate?
List 1 is closed to foreigners. List 2 and List 3 need a licence unless a certificate route applies. An activity off the lists does not need a licence under this Act.
A certificate is not a blanket permission for every activity. Treaty and BOI-related certificate routes are limited to the grounds that support them, and List 1 restrictions may still apply. A Foreign Business Licence is also not the same as a separate sector licence that another law may require.
Settle the fork before you operate or sign a lease. Registration alone is not that answer.
This page is general guidance, not legal advice for a specific ownership structure or activity list. Approval of any licence or certificate rests with the competent authority.
Next step
Settle the fork before you operate or sign a lease. Registration alone is not that answer.
Compliance made easy.
This page is general guidance, not legal advice for a specific ownership structure or activity list.