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Bangkok expat lawyers available in Thailand & English speaking law services
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HOME CHIANGMAI OFFICE BANGKOK OFFICE PATTAYA OFFICE

FOREIGNERS HELP

EXPAT SERVICES

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24 November 2017
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CALL CENTRE 2010
 
 

 

 

 
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FOREIGN COMPANY OFFICE:

Public Limited Company 
A Thai public limited company is where shares are offered for sale to the public, by way of SET or the Stock Exchange of Thailand. You need 15 promoters and minimum 100 shareholders. A company must start as a private company before going public and the process can be quite involved. 

Representative Office 
A foreign company can setup a representative office in Thailand if they provide advice to its head office 
regarding the Thailand market or intent to find and suppliers & services; provide information for the head office business movements trends in Thailand or helping Thai companies. Therefore
Regional Office 
An international company may set up a regional office, which does not need to be registered as a partnership or limited company, so it can oversee the operations of affiliated companies in the region by way of consultancy, training and management services manage finances, perform general marketing and sales promotion (although not actual sales) research and development. This regional office may not earn any income nor may it actually sell or purchase goods (although it may advise its head office regarding these matters). An Alien Business Permit is necessary for running a regional office. A 
permit is valid for five years and requires that Bt5 million be remitted during that period with 2 million remitted during the first year. It is important, Income may be subject to Thai tax as the Revenue Department may consider revenues directly earned by the foreign head office from sources within Thailand as subject to Thai tax. The branch is permitted to operate as such for a period of five years.

Branch Office 
Is allowed if a foreign company is awarded a contract project in Thailand. A permit is given for a period of the contract - but cannot exceed five years. Restrictions vary depending on the nature of the contract and whether it is a government or private sector contract. 

Branch or representative office in Thailand:
Foreign companies wishing to do business in Thailand through a branch or representative office must submit the following documents, notarized and certified by the local Thai consulate or embassy. The documents should be under 6 months old at the time of submission to the Commercial Registrar. 
These documents are:
1/. Articles of Incorporation or Memorandum of Association. 2/.  Articles of Association. 
3/. An affidavit of the manager, stating: name of the corporation, registration number, date of 
registration; address of registered office; jurisdiction where the corporation is registered; name, address, nationality, age and race of each director; number of shares held by each; and identification of the 
director(s) with the power to bind the corporation; authorized capital stock of the corporation, number of 
shares and par value of each, and amount of paid-up capital stock; and total number of shareholders, their nationalities, and number of shares owned or held by each national group. A power of attorney for the manager in Thailand, gives him power to register the branch or representative office with the Thai Government authorities. This process can take 3-4 weeks and the list of documents may be more but again use a lawyer.


TAX REGISTRATION 
Every business must register with the Revenue Department. Value Added Tax is also required. Withholding Tax on salaries and services as well as VAT filings must be submitted and settled to the Revenue Department on a monthly basis.Currently corporate tax is at a flat rate of 30% of net profits, tax on dividends is 10% and VAT is at 7%. Personal income tax varies according to income, marital and parental status with a maximum of 37% for annual income exceeding 4 million Baht after deductions and allowances.


ACCOUNTING AND FINANCIAL REPORTS
Generally, the basic accounting principles practiced in the U.S. are recognized and accepted in Thailand. The Institute of Certified Accountants of Thailand is the authoritative group promoting the 
application of generally accepted accounting principles (GAAP). In addition, however, the basic financial statements (balance sheet and income statement) must be audited by a Thai CPA annually.


FEES FOR A COMPANY
Legal fees. 
Company name application. 
Drafting of Memorandum of Association. 
Company registration with  Commercial Registrar and Ministry of Interior. 
Tax ID card application. VAT registration. 2 or 3 company stamps. 
Issuance of “Share Transfer Certificates”. 
Expenses (telephone, fax, copying, travel )

GOVERNMENT & AUDIT FEES
Government registration fee ( 5,500 baht per 1 million Baht of Capital). 
Translation fees ( 400 baht per standard A4 page normal fonts. 
Annual audit fee, Can vary approx 7500 baht per annum for small-medium company but varies). 

Value Added Tax (Currently 7% but recoverable after activation  of the company). 

It must be understood that forming a company is a lot different than many other Western countries and the rights of the directors can be limited as does the rights to possession of such things a s land, homes etc. With this in mind we always stress to use the services of a competent Thai lawyer. However again check the services offered and the costs including government fees as prices and services vary considerably. Our company specializes in helping foreigners and we are well established to offer services with open policies. Feel free to ask us any questions.

Remember if coming to Thailand for longer stays then 1 month go to your nearest Thai Consulate in your home country. Arrival in Thailand you can obtain 30 days eg. USA. It varies between countries.

Use our Thai Law Office & ask us any questions and compare our fees. We cover Pattaya, Phuket, Chiangmai and Bangkok Specializing in all Law work including retired visas, work permits, company formation, limited partnerships, wills, contracts, title deed searches, conveyancy, leases, house buying, litigation, marriage services, criminal work, translations English, Thai, German. 

 

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