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Application Preparation Handbook
under the Foreign Business Act B.E. 2542
Bureau of Foreign Business Administration
Department of Business Development
Ministry of Commerce
June 2553
Application Preparation Handbook.
under the Foreign Business Act B.E.2542
To apply for business permitting under the Foreign Business Act B.E. 2542, an
applicant must prepare an application, together with a declaration of details of the type
of business for which an application is made and submit supporting documents to the
committee for consideration.
Department of Business Development, therefore, has prepared this handbook
with the purpose of using it as a guideline for application preparation. It contains details
of applicant’s profile, type of applied business, characteristics of business and stages of
operation, capital structure, business structure, size of business, technology transfer
plan, and employment.
Bureau of Foreign Business Administration
Department of Business Development
Contents

Page
1. Application Documents
1.1 General documents 1
1.2 Supplementary documents 2-7
2. Form of Declaration
2.1 Letter of submission 8
2.2 A declaration of details of applied business 9-26
3. Example of Application Preparation 27-33
Application Documents
1.1 General Documents
Juristic Person
No. Document List Registered under
Thai law
Registered under
foreign law
1 A copy of a certificate or evidence of juristic person status containing
particulars of the name, capital, paid-up capital, list of shareholders,
objects, place of business, name list of directors and signatories who are
authorized to bind the juristic person (AFFIDAVIT).
/ /
2 A copy of the passport, identification document for foreigners or
identifications card of the representative appointed.
/ /
3 A certification by the applicant that the applicant, director, manager or
representative appointed possesses the qualifications and is not under a
prohibition under section 16 of the Foreign Business Act, B.E. 2542
(1999).
/ /
4 A map indicating the approximate location of the place of business
operation in Thailand.
/ /
5 A declaration of the details of the type of business for which the license
application was made.
/ /
6 A copy of financial statement of the past 3 years with the translation in
Thai of head office’s main business .
/ /
7 A power of attorney in the case where another person has been
authorized to act on the applicant’s behalf.
/ /
8 In the case where applicant has been holding the license.
- A copy of holding license
- Copies of financial statement in Thailand over the past 3 years and
the most recent Form Por Ngor Dor. 50
/ /
9 A letter of appointment of a representative issued by the authorized
signatory under (1) as appointer of a representative to have charge and
of the business operations in Thailand on behalf of juristic person
(POWER OF ATTORNEY).
- /
10 A copy of the house register, a certificate of residence in the Kingdom or
evidence of permission to enter the Kingdom for a temporary stay under
the law on immigration of the representative appointed.
- /
1
1.2 Supplementary Documents
In the case where an applicant is contractor/sub-contractor of government agencies or state enterprises
No. Document List
1 In the case where a contract has not been signed yet, evidence of project granting from
government agencies/state enterprise shall be provided and a copy of contract shall later be
submitted when already signed.
2 A copy of contact and its translation containing particulars of :
1) Name of employer and contractor.
2) Contract name/number/date.
3) Commencement and completion date.
4) Scope of work.
5) Responsibilities and liabilities.
6) Contract price (calculated into Thai Baht)
7) Equipment, tool, and machinery used for the project.
8) Training and Technology transfer.
9) A copy of contract showing signature of authorised is persons and contract signing date.
3 A letter, issued by the employer and addressed to Director General, to certify project
granting. It shall contain:
1) Type of business or project which must be consistent with contract
2) Name of contractor (Applicant).
3) Contract name/number/date.
4) Commencement and completion date (Including warranty period)
5) Project price (calculated into Thai Baht)
4 A copy of subcontract.
5 A letter issued by subcontractor to certify subcontracting.
6 Joint venture or consortium agreement stating applicant’s responsibility/liabilities and share of
project price under the contract (calculated into Thai Baht)
2
Representative office or Regional office
No. Document List
1 Confirmation from the head office of the salary and other remuneration of the person in charge of
the operations in Thailand which shall be notarized by an official or by a person who has been
prescribed with the power of notarization by the laws of such country, or by an authorized official of
the Thai Embassy stationed in such country for a period not exceeding six months prior to the date
of submission of application, with its translation.
2 Service rendered to affiliated/group company .
1) A copy of a certificate or evidence of juristic person containing particulars of name, capital, objects,
place of business, list of directors and authorized signatories of the juristic person of affiliated / group
company.
2) Chart showing the relationship of affiliated /group company contains following information:
- List of branch offices or affiliated/group companies.
- Main business of branch offices or affiliated/group companies.
- Registered country.
- Head office’s shareholding
3 Procurement of supply sources for goods/services
1) Evidence of goods purchasing from Thailand by the head office such as Invoice, L/C, T/T
2) Catalogue
3) For specific goods such as metal, mineral, jewelry, supporting letter from agencies concerned showing
that such goods is not in short supply, is required.
4 Inspection and control of the quality and volume of goods, Evidence of goods purchasing from Thailand
by the head office or affiliated/group company such as Invoice, L/C, T/T.
5 Consultation on varicose aspects pertaining to the goods.
1) Evidence of selling goods into Thailand such as Invoice, L/C, T/T.
2) List of customer
3) List of distributing agent
4) Catalogue
5) Appointment letter of distributing agent (if any)
6 Dissemination of various information pertaining to new goods or service
Catalogue detailing new goods.
3
Criteria for business permitting “Representative Office”
General characteristic of the representative office
1. Not derive any revenue from its service and not subject to corporate income tax, in accordance
with revenue code.
2. Must receive subsidies for office expenses from the head office only.
3. Cannot accept purchase orders, make sales offers or engage in business negotiations with any
person.
4. Rendering services to affiliated or group companies is allowed.
Type of business criteria
1. Procurement of supply sources for goods and 1. purchased goods are consistent with business operation
services in Thailand for the head office or affiliated of head office or affiliated / group company
/group companies. 2. Supply sources for goods and services and type of goods
have been clearly specified.
3. The statistic on goods purchasing from Thailand in the
past will be supporting information showing that the office
will procure supply source from Thailand.
4. Goods which will be procured are available in Thailand
2. Inspection and control of the quality and volume Goods to be inspected have been purchased by the
of goods by the head office or affiliated/group head office or affiliated/group companies.
companies or hired by the head office or affiliated/
group companies for production in Thailand.
3. Consultation on various aspects pertaining to the 1. The existence of distributing agent will be supporting
goods distributed by the head office or affiliated/ information showing that representative office will
group companies to the distributing agent or be operated within the scope.
consumer of goods. 2. In the case where there is no distributing agent,
representative office may engage in purchasing and
selling activities.
3. Giving advice concerning goods which are considered to
be useful to industrial entrepreneurs.
4. Giving advice concerning goods which already sold in
Thailand and considered to be useful to the consumer of
goods.
4
Type of business criteria
4. Dissemination of various information pertaining to 1. Dissemination of various information concerning new
new goods or services offered by the head office or goods/services or goods/service already sold in Thailand.
affiliated/group company For the later case, there must be the development of such
goods/service.
2. Dissemination of various information concerning goods
which are essential for Thailand’s industry.
5. Reporting business movements in Thailand to the 1. Scope and topic of reporting are clear.
head office or affiliated/group company. 2. Reporting information are consistent with the business
operation of the head office or affiliated/group companies.
3. The purposes of using reported information have been
clearly specified
4. The benefits to Thailand from using the report.

5
Criteria for business permitting “Regional Office”
1. Scope of business of a regional office:
1) Coordination and supervision of operations of branch offices or subsidiary companies situated
in the same region on behalf of the head office.
2) Consultation and management services in any following areas.
(1) Personnel training and development.
(2) Financial management.
(3) Control of marketing and sales promotion planning.
(4) Product development.
(5) Research and development service.
Note Applicant can apply for 7 types of activities although only some of them will actually be operated
2. General characteristics.
1) The office must be a juristic person established under the law of a foreign country.
2) There must be a branch office or subsidiary company situated in the same region.
3) The office must not derive any revenue from its services.
4) The office cannot accept purchase orders, make sales offers or engage in business negotiations
with any person.
5) The office must receive subsidies for office expenses from the head office only.
6) The office is not liable for corporate income tax under the Tax Code except for interest accrued
from deposits of the remainder of sum received from the head office which must be assessed
for corporate income tax liability.
7) The office must prepare financial statements under the Accounting Act B.E.2543.
6
Other Businesses
No. Document List
1 Services rendered to affiliated company.
1) A copy a certificate or evidence of juristic person status containing particulars of the name, capital,
objects, place of business, list of directors and authorized signatories of the juristic person of
affiliated/group company.
2) Chart showing the relationship of affiliated/group company contains following information:
- List of branch offices or affiliated/group companies.
- Main business of branch office or affiliated/group companies.
- Registered country.
- Head office’s share holding.
2 A copy of specific license from agencies concerned of some applied business (if any)
1) A copy of promotion certificate from Board of Investment.
2) A copy of license of the Industrial Estate Authority of Thailand.
3) Bank of Thailand.
4) The Office of Securities and Exchange Commission.
5) Department of Insurance
7
Form of Declaration
Name of Applicant ....................................................
Date....................................................
Subject : Apply for operating business under List 3 of the Foreign Business Act B.E. 2542
Attention : Director-General of Department of Business Development, Ministry of Commerce