BRS’s foreign direct investment (FDI) legal practice was specifically set up to help clients invest in Thailand. Our specialist FDI attorneys have wide-ranging experience of cross-border investment matters, and routinely advise Thai and foreign companies seeking ways of expanding operations, both domestically and overseas. We show clients how to set up tax efficient joint ventures and maintain strategic alliances with Thai companies and investors, and are regularly called upon to assess the potential risk of foreign investment partnerships with local representatives.
Our multi-lingual team of Thai and expatriate lawyers offer a full range of FDI legal advisory and consultancy services, and are a go-to resource for foreign companies seeking international counsel for business projects and transactions in Thailand. Our FDI law experts advise on structuring both inbound and outbound investments and loans between related companies, as well as profit repatriation for investors and the return of capital. We advise on the best shareholding structure for a foreign company to conduct business in Thailand, and guide clients on the various forms of business entity that are available under Thai law, including:
- public company
- private company
- foreign fully/majority-owned company
- foreign minority-owned company with ‘full-control’ mechanism
- representative office
- branch office
- regional office
- regional operating headquarters
FDI is governed by domestic and international law so it pays to work with Thai, US, and European FDI lawyers who are accustomed to working across business sectors, and to navigating the various complex regulations that are associated with FDI frameworks in Thailand. Our FDI attorneys work in close collaboration with our corporate/M&A and commercial legal advisors in order to ensure that clients’ investments match with their business objectives and investment needs.
Foreign direct investment is actively promoted in Thailand, but numerous foreign ownership restrictions apply to foreign nationals under Thailand’s Foreign Business Act. We routinely advise on how to fulfill reporting requirements and acquire related investment licenses and permissions, and on available protections under bilateral and multilateral trade and investment treaties. Our foreign direct investment lawyers provide recommendations on how to take advantage of foreign investment incentives in Thailand under the Investment Promotion Act, and prepare applications for Board of Investment (BOI) working privileges for foreign experts and skilled workers.
Our FDI legal experts also advise foreign investors on how to acquire land or take on a long-term lease, establish factories, acquire the relevant permits and licenses, and realize incentives from the Industrial Estate Authority of Thailand (IEAT), which develops and runs industrial estates in Thailand.