We at phuketbrokers will provide accurate services, informed, professional advice and service in an expedient time to ensure that you get what you require
Expatriates (foreigners) who want to purchase a business and work in Thailand and/or own the land and building for their business must form and incorporate a Thai Company Limited. They must also obtain a work permit and a business class visa from the government authorities.
Phuket brokers consults and provides service to our customers for these three important registrations in Phuket. These are; Company Formation, Work Permit and Non Immigrant Business Class Visa.
Mr. Mikael Wallin, the owner of phuket broker is from Sweden and has been in Patong since 2001. He is skilled in every part of the process and has long term partners in legal and accounting services.
We provide accurate, informed, professional advice and service in an expedient time to ensure that you get what you require. You can check back to this section to update yourself or refer people seeking these services.
We caution you to only obtain or listen to information from qualified sources in the business. Do not take short cuts on the promise of full delivery of these services from people at low costs.
It can end up costing you more than the normal fees in the end. These are important legal registrations in Thailand and if they are not properly handled, we foreigners worry about these permits and licenses as it causes us great stress.
We can never forget that we are abroad and only when we are assured of our legal position do we have the confidence to succeed.
When problems arise many business people contact our office to enquirer about advice for fixing their situation after waiting for action beyond a reasonable period. Do it right the first time.
When an expatriate decides to form and register a Thai company, he/she/they have already researched a business and/or property opportunity in advance with phuket brokers or another broker.
The decision has been made and the purchase of the business and lease or purchase of the property is underway by making a deposit.
The due diligence on land and building will be performed and if legal, the company formation can proceed. A lease or ownership of land and building must be in a zoned commercial use area and is the registered office location and certification of tenancy of the company.
A Thai Limited Company requires a minimum of three Thai nationals who must provide their identification cards and house books to start the process for a foreigner.
The foreigner is not required in the beginning. This is explained in detail in the consultation with the broker.
The order of tasks listed below are performed in the order that is presented here. The process requires order and each step is dependent on the previous step being complete and the documentation obtained is used for the next step resulting in the company limited being properly registered and a work permit obtained..
• Company name selection
• Preparation of memorandum of association
• Preparation of registration application
• Drafting of business objectives, Articles of association/company by laws
• Formation of Shareholder Structure, and Co-ordination of Thai Shareholders
• Selection of initial capitalization level
• Creation of company seal/stamp
• Selection and designation of accountant/auditor
• Designation of company directors
• Selection of registered office location, and certification of tenancy (lease)
• Provide office location map
• Corporate Tax Registration
• V.A.T. Registration (if applicable)
• Social Security Registration
• Opening of Thai bank account
• Obtain business License
• Obtain Work Permit
A work permit is issued to a foreigner by a Thai limited company. This company can be from a company that is owned by Thais only or by a company formed by the foreigner to operate his or her own business.
A foreigner can receive a work permit as an employee of an all Thai owned company or as an employee of his or her own company.
Work permits are issued and regulated by the Labor Department governing the province that the Thai company is registered in.
A foreigner cannot register a company in one province in Thailand and then apply for a work permit in another province.
Once the company is formed and the foreigner has entered the company as a shareholder and director or is sponsored as an employee, a work permit can be applied for.
The company must be capitalized for a shares value of 2,000,000 Thai Baht to qualify for one foreign work permit. For each additional foreign work permit an additional shares value of 2,000,0000 baht must be added to the company , A consultation is required to understand this process.
At the first time, a work permit can be issued for six months or one year. It is not clear what goes into this decision by the labor department.
However, it should not cause concern to you the applicant. At the renewal period, a one year permit is then issued.
There are several steps and documents required to complete the process. All steps required in the formation of the company limited are completed before applying for a work permit.
To apply for a first foreigner work permit or to add new foreigner work permits later it is required;
• Passport and one copy of all pages signed by the applicant
• Medical certificate ( must not be 30 days out of date)
• 3 photos size 3 x 4 cm
• Showing details of the applicants educational background ( ½ page)
• Showing details of the applicants employment record ( ½ page)
• Map of office address
• A copy of Company/Partnership Registration Document
• A copy of Company /Partnership
• A copy of recent shareholders’ list
• A copy of VAT Registration
• A list of foreign workers who work at this company together with their work permit numbers
• A copy of all work foreigners work permits
• A copy of Company’s previous year audited financial statement
• A copy of Company’s half year and yearend tax return
• A copy of Company’s previous month withholding tax return
• A copy of Company’s previous month social security return
• A list of Thai employees working for the company
• For guest house business, a copy Commercial Shop and Rooms License
• For restaurant and bar business: a copy of Food/Beverage/Cigarette/Music license
The Immigration Office has put out a notice that 12 month Non B Visa will not be available from Kuala Lumpur Malaysia until further notice. Applicants are directed to Penang in Malaysia or Singapore.
30 and 60 Day Visa
Each Visitor to Thailand receives a 30 day tourist visa upon entry to the Kingdom of Thailand. As a tourist you are allowed to extend this visa for another 30 or 60 days.
Non Immigrant Business Class Visa
When a person decides to invest in a business in Thailand and the business and property have been selected, the next step is to set up a company. Phuket brokers Services manages this for you.
At the same time that this process is been done your visa will be changed from the tourist visa to a Non Immigrant Business Class Visa ( Non B ).
This visa is required to apply for a work permit in Thailand. Our service provides the documentation to secure this business visa.
You will be required to leave the country to either Singapore or Penang or Kuala Lumpur Malaysia and attend the Thai Embassy there. The extent of this trip will take only two days.
As of this writing there has been a change to the process for extending the Non B Visa to a 1 year term.
The Immigration Office requires that a foreigner with a Thai company limited and holding a work permit must operate the company for 1 year before the 1 year Non B Visa can be issued. When the 90 Days Non B Visa is about to expire, Phuket brokers Services will apply to have the 90 days extended for 2 more times in the first year and you will need to travel out as the first time.
When you do have a 1 year Non B Visa, then, during the 12 months term you are required to attend the local immigration office and report every 90 days and receive a stamp in your passport.
By law all foreigners must report so the government knows where all foreigners are in the country. In the next year you will be renewed for 1 year visa and not be required to leave the country to do so.
If you are married and, your spouse can apply for a Spouse Visa that is tied to you and your Thai company and your work permit. As long as your company and work permit are active your spouse visa is valid.
Timing of Services
The timing of each of the three services are provided below. These times are what we experience in performing these tasks.
We are pleased to quote the cost of these services to you when you visit our office.
1. Setup a company in Thailand before signing the lease agreement with the landlord. In this step the lease can be signed into the company name and the company can record the rent as a tax deductable expense. [expected completion time : 7 working days after we receive all documents from the customer.
2. Sign the lease agreement with the landlord
3. Apply for the Guesthouse License, Restaurant License, License to sell alcoholic drinks with Patong Municipality Office [expected completion time 4-5 weeks depending on how soon the officer can visit the customer’s building for inspection]
4. Register for the Social Security Office which means that customer must have at least 2-3 Thai employees identified to use or already employed [expected completion time: 7 days
5. Issue a WP3 Letter and organize for the set of document for the customer to take to the Thai Embassy in foreign country (such as Singapore, Kuala Lumpur) to apply for Non-Immigrant B Visa (which the customer will get 3 months visa
6. Apply for the work permit [expected completion time: 2 weeks
Note: The total time involved in the complete process is estimated to be 9 weeks.
This does not include any time lost due to closure of any government offices due to Thai national holidays.