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SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
SUWANVARA LAWFIRM
SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
Bangkok

BOI & Foreign Business Setup Lawyer in Bangkok — Incorporation, FBL, Treaty of Amity, EEC

Setting up a foreign-controlled business in Thailand routes through one of several systems: a Thai limited company with up to 49% foreign ownership (the default under the Foreign Business Act), a BOI-promoted company that can be 100% foreign-owned for promoted activities, a Foreign Business Licence (FBL) for activities outside BOI scope, the US Treaty of Amity (for US persons), or an EEC-zone structure. Each carries different timelines, costs, tax positions, and ongoing reporting. We help foreign investors pick the right path before anyone signs a lease, and we then run the incorporation and post-incorporation compliance.

Scope of BOI and foreign business setup lawyer work in Bangkok

  • Pre-incorporation structuring — match the right vehicle to your industry, ownership, and tax goals
  • Thai limited company incorporation (with or without foreign minority)
  • BOI application — eligibility review, business plan, post-promotion compliance
  • Foreign Business Licence (FBL) application for non-BOI activities
  • US Treaty of Amity registration for qualifying US-controlled entities
  • EEC-zone setup for manufacturing and S-curve industries
  • Post-setup: tax registration, work permits, employment compliance, accounting setup

Process

  1. 1Free structuring consultation — review business model, activities, ownership goals
  2. 2Choose the right vehicle and draft the constitutional documents
  3. 3Reserve name and incorporate at the Department of Business Development
  4. 4Apply for BOI promotion, FBL, or Treaty of Amity registration as applicable
  5. 5Set up tax registration, VAT, social security, work permits, and bank accounts

Documents to prepare

  • Passport(s) of foreign founder(s)
  • ID and household registration of any Thai co-founder(s)
  • Business plan / activity description (for BOI / FBL applications)
  • Proof of registered office address — lease agreement and landlord consent
  • Proof of paid-up capital (minimum thresholds vary by structure)

About our team in Bangkok

Service for Bangkok and its metropolitan area — Thailand's capital and its financial and industrial hub. We have a Bangkok branch office in Lat Phrao and appear at the Civil, Criminal, Central Labor, Central Tax, and Central IP & International Trade Courts. We cover factories and operators across Bangkok-area industrial estates such as Lat Krabang, Bang Chan, Gemopolis, Nava Nakorn, Bang Kadi, Bangpoo, and Bang Phli — labor and wrongful-termination cases, import-export customs, BOI investment, and commercial-contract advisory.

We specialize in Bangkok's specialized courts — IP, Central Tax, Central Labor, and Central Administrative — plus M&A, foreign investment, and advisory work for factories in industrial estates: labor and termination disputes, factory and environmental compliance, customs procedures, and BOI privileges. We keep a Bangkok branch office in Lat Phrao and our partners travel to Bangkok regularly, serving clients at lower cost than a downtown-capital firm.

Courts we appear at in Bangkok

  • Bangkok South Civil Court
  • Civil Court
  • Criminal Court
  • Central Labor Court
  • Central Tax Court
  • Central Intellectual Property and International Trade Court

Bangkok and metro (Nonthaburi, Pathum Thani, Samut Prakan), including the Lat Krabang, Bang Chan, Gemopolis, Nava Nakorn, Bang Kadi, Bangpoo, and Bang Phli industrial estates

Past matters in Bangkok

  • International IP case at CIPIT Court

Contact our Bangkok attorneys

We serve clients across Thailand. Initial consultation.

Frequently asked questions — BOI and foreign business setup lawyer in Bangkok

3 questions answered

It is the default under the Foreign Business Act for restricted activities — but there are legitimate routes around it: BOI promotion (most BOI-eligible activities can be 100% foreign-owned), Foreign Business Licence, the US Treaty of Amity (for US persons), and unrestricted activities that don't fall under the FBA at all. We will not arrange nominee Thai shareholders — that's an offence — but we will tell you the lawful path that gets you closest to 100% ownership for your activity.
Typical BOI promotion timelines run 40-90 working days from filing, depending on activity category and how much back-and-forth the Board requires on the business plan. After approval, the company is incorporated and registered for BOI privileges (corporate income tax holiday, machinery and raw-material import duty exemptions, land ownership for promoted activities, easier work permits). We brief realistic timelines case-by-case and don't promise faster than the Board actually moves.
Annual reporting to BOI on the use of promoted privileges (machinery imports, raw materials, employment numbers), standard corporate filings (annual general meeting, audited accounts, tax return), and conditions specific to the promotion (e.g., minimum capital, employment thresholds). Missing reporting deadlines can lead to suspension of privileges. We handle the calendar so you don't have to track it.