New Business Formation

Choose the Right Legal Entity

Starting a new business

Compare Business Entities

Starting a new business in Thailand can be confusing. We have many years of experience getting start ups setup and running, and can help you make the right choice for your specific situation.

There are various types of business in Thailand which can be owned by an individual or jointly invested with other people as a group. As a guide, we’ve compared common business entities & listed their key pros and cons below.

Naga Business Consulting can help you decide on the right legal entity to grow your business and protect your legal liability!

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Business Entity

Sole Proprietorship

Commonly used for

A business owned by an individual who has exclusive control and manages the business

P

Advantages

Easily established with a small investment

O

Disadvantages

If the business is operating at a loss, the business owner is solely responsible for all liabilities

Status under thai law

Natural Person

Business Entity

Partnership

Commonly used for

A business formed by at least two individuals who have agreed to make a joint investment and share ownership

P

Advantages

More stable and reliable than a sole proprietorship

O

Disadvantages

Each partner has unlimited liability for all the obligations of the partnership

Status under thai law

Juristic Person

Business Entity

Limited Company

Commonly used for

A business formed by at least three individuals with capital divided into equal shares

P

Advantages

The liability of the shareholder is limited to the amount unpaid on the shares held by each shareholder

O

Disadvantages

LCs have specific rules and requirements imposed under Thai Law

Status under thai law

Juristic Person

Business Entity

Application for Foreign Business Certificate

under the Treaty of Amity between Thailand and the USA

Commonly used for

A business formed with a US Citizen as the majority shareholder

P

Advantages

Treaty of Amity companies do not require FBL approval, & their set up times are normal

O

Disadvantages

LCs have specific rules and requirements imposed under Thai Law

Status under thai law

Juristic Person

Business Entity

Foreign Business License (FBL)

Commonly used for

A business formed by having the majority of shares owned by foreigners

P

Advantages

Majority shareholders are Non-Thai nationals

O

Disadvantages

FBL approval takes time, and only specific types of businesses are eligible

Status under thai law

Juristic Person

Business Entity

Application for Investment Promotion Certificate

Commonly used for

A business which has been granted investment promotion status from the government of Thailand

P

Advantages

The business will be granted numerous privileges and incentives

O

Disadvantages

The business must have an investment promotion objective and be in a location prescribed by the Thailand Board of Investment

Status under thai law

Juristic Person