Foreign Business Licence (FBL) — the annexed lists, supporting documents and the certification chain for documents from abroad

There are two main routes. One is a Foreign Business Licence, which goes to a committee for consideration. The other is a Foreign Business Certificate for those entitled under other law, such as BOI-promoted companies or beneficiaries of the Thai–US Treaty of Amity.

A licence application must explain the benefit to Thailand, such as employment, technology transfer or investment, and must meet the minimum capital the law sets.

The Foreign Business Act B.E. 2542 (1999) divides restricted businesses into Lists One, Two and Three. List One is closed to foreigners; List Two requires ministerial permission with Cabinet approval; List Three, which covers many service activities, requires a licence from the Director-General of the Department of Business Development on the advice of the Foreign Business Committee.

A company promoted by the BOI, or operating under a treaty to which Thailand is party such as the Thai–US Treaty of Amity, generally applies for a Foreign Business Certificate under Section 12 instead of a licence. Steps and documents differ, so choose the correct route at the start.

Activities outside the Act’s annexed lists need no permission under this Act, but may still need sector licences from other agencies such as the Thai FDA, tourism authorities or Customs. Whether your activity falls in a list depends on what the company actually does, not on its name.

According to guidance published by the Department of Business Development, List Three applications are weighed against benefit to the country: technology transfer, employment of Thai staff, use of local materials or services, and impact on Thai operators in the same field. A good explanation addresses these with verifiable information rather than general statements.

Commonly required documents include the company affidavit, shareholder list, evidence of capital brought into Thailand, a business plan, an office location map and a power of attorney. Foreign documents must be translated and certified as the agency requires. Until 28 February 2027 that means MFA and embassy legalisation; after that date, documents from Convention states can carry an Apostille.

A licence carries ongoing conditions, such as maintaining the statutory minimum capital, notifying material changes and filing financial statements. Neglecting them can affect the licence.

A frequent mistake is describing the activity too broadly, such as "all kinds of consulting services", which leaves officials unable to assess benefit and impact. A good description states who the customers are, what the service is, how it is delivered and how it differs from existing Thai providers.

Another is holding shares through Thai nominees so the company is not classed as foreign. If those Thais have not genuinely invested, the law treats this as acting on behalf of a foreigner, with penalties for both nominee and the person behind them. The lawful options are a licence, a certificate, or a genuine restructuring that takes the business outside the lists.

Before filing, be able to answer how many Thai staff will be hired and in which roles, what knowledge or technology will be transferred to them, where the capital comes from and whether there is bank evidence, and where the office is, with a title deed or lease. These answers should match across the business plan, budget and every supporting document.

The Foreign Business Act and its annexed lists are published in the Royal Gazette and on the Department of Business Development website, which also carries the current citizen manual, application forms and document lists. Open the latest versions from these sources before filing, because forms and filing channels can change.

A company’s legal status and directors can be checked in the Department’s juristic-person database. Checking a counterparty or joint-venture company there before signing is a basic step you can take immediately.

If anything in this guide differs from what the agency tells you on the day you file, follow the agency, and keep a record of that guidance.

We start by reviewing what the company actually does to identify the applicable list, or whether the certificate route is available. We then build the document list, check names and figures for consistency across every document, coordinate translation and certification of foreign documents, and prepare the supporting explanation. The decision rests with the agency; we report progress and every request for further information.