Best Foreign-Owned Structure
Thailand offers several legitimate pathways to 100% foreign ownership. Choosing the right structure from the start protects your investment and eliminates nominee risk entirely.
Most foreign businesses in Thailand end up using nominees out of convenience — a Thai majority shareholder who holds shares on behalf of the true foreign owner. It is a structure that violates the Foreign Business Act, exposes the foreign owner to total loss of the company, and is an arrangement the Thai government has made increasingly clear it will not tolerate indefinitely. The alternative is not difficult access to the market — it is choosing the right structure from the start.
Thailand provides several distinct pathways to legitimate foreign majority or full ownership: the US-Thailand Treaty of Amity for American nationals, BOI and EEC promotion for qualifying business activities, Trade and Investment Support Offices and Representative Offices for non-commercial presences, and the Foreign Business License for activities not covered elsewhere. Each carries different eligibility requirements, operational permissions, and long-term implications. None of them, however, permit a foreign shareholder or director to personally live on land held by the company — a misunderstanding that causes significant problems for those who assume BOI land rights extend to residential use.
Use the structure finder below to identify which pathways may be available to you. Detailed explanations of each structure follow the finder. These are for reference only — the right answer for your business depends on the specifics of your activity, ownership, and plans.
Do you intend to generate revenue in Thailand?
Commercial activity includes sales, services, consulting, or any activity that generates income from local customers or operations.
What is the primary purpose of your Thailand office?
Both options below are zero-revenue structures. Neither can conduct commercial activity or generate local income.
Are you a US citizen, or is your company majority-owned by US nationals?
The US-Thailand Treaty of Amity grants US nationals and majority US-owned companies near-full ownership rights across most business categories — bypassing many Foreign Business Act restrictions.
Is your operation located or planned in Rayong, Chonburi, or Chachoengsao?
These three provinces form the Eastern Economic Corridor (EEC) — Thailand's flagship investment zone offering enhanced incentives beyond standard BOI promotion.
Does your business activity qualify for BOI promotion?
The Board of Investment promotes businesses in targeted sectors. BOI promotion grants 100% foreign ownership plus tax and duty incentives.
Common BOI-Promoted Categories
If your activity appears above, select Yes. If you are unsure, contact us — we confirm BOI eligibility at no charge.
Does the company need to hold land in Thailand?
This affects what land rights, if any, your chosen structure may carry.
Your Likely Structure Options
Based on your answers. These are indicative only — a lawyer should confirm the right fit for your specific circumstances.
This assessment is for general guidance only. Please consult a qualified lawyer before making any decisions.
Get a Free Structure AssessmentEach structure carries different requirements, costs, timelines, and long-term implications. The summaries below explain what each one involves and who it is suited to.
What it is
The Treaty of Amity and Economic Relations between the United States and Thailand, signed in 1966, grants US citizens and majority US-owned companies the right to engage in business in Thailand on the same basis as Thai nationals. In practice, this means near-full foreign ownership across most business categories, without the restrictions imposed by the Foreign Business Act 1999.
Who it suits
Any business that is genuinely majority-owned and controlled by US nationals. It is one of the fastest and most straightforward routes to 100% foreign ownership and does not require BOI approval or a Foreign Business License.
Key features
- Near-full ownership across most business categories
- Exemptions from most FBA restrictions
- No land ownership rights (standard company rules apply)
- Relatively simple application process via the Department of Business Development
- Cannot be used for certain restricted categories including communications, transport, and fiduciary services
What it is
The Board of Investment (BOI) is a government agency that promotes investment in targeted industry sectors by granting companies a range of privileges, including the right to operate with 100% foreign ownership in categories that would otherwise be restricted under the Foreign Business Act.
Who it suits
Companies operating in BOI-promoted sectors including manufacturing, technology, agriculture, healthcare, logistics, renewable energy, education, R&D, and qualifying services. The activity must be one that BOI has designated for promotion.
Key features
- 100% foreign ownership for promoted activities
- Corporate income tax holidays (typically 3 to 8 years depending on category)
- Import duty exemptions on machinery and raw materials
- Streamlined work permit and visa processing for foreign staff
- Right to hold land — for factory premises, hotel land, and staff dormitories only
- Land rights do not extend to residential use by shareholders or directors
What it is
The Eastern Economic Corridor is Thailand's flagship special economic zone, established under the Eastern Economic Corridor Act 2018. It covers the three eastern provinces of Rayong, Chonburi, and Chachoengsao, and offers enhanced incentives beyond standard BOI promotion for targeted industries.
Who it suits
Businesses in priority industries planning to establish operations within the EEC zone. Priority industries include next-generation automotive, smart electronics, advanced agriculture, food processing, medical devices, aviation, robotics, digital, and biofuel and biochemical industries.
Key features
- All standard BOI incentives, plus enhanced privileges
- Longer corporate income tax holidays for priority industries
- Additional land lease rights of up to 99 years for qualifying projects
- One-stop service centre for permits and licensing
- Same land ownership limitations as BOI — project land only, not residential
- Requires physical operations in the designated EEC provinces
What it is
A Foreign Business License is issued by the Department of Business Development under the Foreign Business Act 1999 and permits a majority foreign-owned company to operate in business categories that are otherwise restricted to Thai nationals. The FBL is the fallback pathway where no treaty, BOI promotion, or other exemption applies.
Who it suits
Foreign-owned businesses in restricted categories that cannot use Amity, do not qualify for BOI promotion, and need to operate in Thailand commercially. Common examples include retail, wholesale in certain categories, construction, certain service industries, and professional services.
Key features
- Permits 100% foreign ownership in otherwise restricted categories
- Application submitted to the Foreign Business Committee
- Must demonstrate benefit to Thailand (technology transfer, employment, etc.)
- Approval is discretionary and is not guaranteed
- Processing typically takes 60 days or more
- Minimum registered capital requirements apply
What it is
A Representative Office allows a foreign company to establish an official presence in Thailand without conducting commercial activities. It is fully foreign-owned and exempt from Foreign Business Act restrictions because it does not generate revenue or conduct business in Thailand.
Who it suits
Foreign companies that need a physical presence in Thailand for liaison purposes, market research, quality control, sourcing oversight, or to support the operations of their overseas parent company, without intending to generate income locally.
Key features
- Fully foreign-owned — no Thai shareholders required
- Cannot generate revenue or conduct commercial activity in Thailand
- Cannot accept purchase orders or negotiate contracts on behalf of the parent
- All operating costs must be remitted from the overseas parent
- Permitted activities: reporting on business conditions, sourcing goods, checking quality, providing advice to parent
- Annual reporting requirements apply
What it is
A Trade and Investment Support Office is a zero-revenue presence structure specifically designed for organisations whose purpose is to facilitate and support trade or investment flows between Thailand and overseas markets. Like a Representative Office, it cannot generate local income.
Who it suits
Trade promotion bodies, investment facilitation offices, bilateral trade organisations, and companies whose primary function is to connect Thai and overseas businesses or investors — rather than to conduct commercial operations directly.
Key features
- Fully foreign-owned
- Cannot generate revenue or enter into commercial contracts locally
- Specifically oriented toward facilitating trade and investment
- Distinct from a Representative Office in purpose and registration category
- Operating costs funded from overseas
What it is
An import and export licence is not a corporate structure in itself, but an activity licence that sits alongside your company structure and allows the company to import goods into Thailand or export Thai goods to international markets. Most trading businesses operating in Thailand will require some form of import or export licence depending on their goods and activities.
Who it suits
Any foreign-owned company that intends to trade goods internationally — whether importing finished goods, raw materials, or machinery into Thailand, or exporting Thai products to overseas buyers. The licence requirements vary by product category.
Key features
- Required in addition to your corporate structure — not a substitute for it
- Controlled goods require specific licences from relevant ministries
- Standard goods require registration with the Department of Foreign Trade
- Certain product categories (food, medical devices, chemicals) require additional regulatory approvals
- Can be structured alongside Amity, BOI, FBL, or other ownership structures
Not sure which structure fits?
We advise on every legitimate foreign ownership pathway in Thailand. Get in touch for a confidential discussion — free of charge when you incorporate with SILQ.
Get in TouchGet in Touch
Send us a message and a member of our team will be in touch shortly.