Non-imm "b" And "o" Visa Question

[rainman]

i realize this is not the place to get "legal advice" but i was wondering if anyone knew some more information on this. i will be consulting a lawyer prior to proceeding, don't worry.

i wish to incorporate my US/Canada-based company (already incorporated, paying taxes, employees, etc. in both countries) in Thailand. now the main question is, do you need to apply for a "B" visa and then incorporate in Thailand? or do you need to first incorporate (using a tourist or "O" visa) and THEN apply for a "B" visa?

i realize i can get this information from the Thai Embassy in KL or elsewhere (and i will), but its Sunday and i'm just wondering...

thanks :

[dr_Pat_Pong]

On the CYA rules, I'd take yourself and your corporate info' to KL or wherever, and apply for a non-immigrant B visa ( as you are in early days, apply for a multiple entry visa. Neither an 'O' visa or a tourist visa is appropriate for your purposes as stated. In fact, from what you say, you'd be inelligible for an O visa, and probably illegal doing what you propose on a tourist visa. Go for the B. Good luck with it.

[Indo-Siam]

You can incorporate on any kind of entry permit - my company has this year incorporated several companies for people who just send money, and allowed us to provide seven shareholders and director (and registered office location,and bookkeeping support). All they did was select company name and capitalization amount - and send funds for processing. Within a couple of weeks, we then provided employment letter from Thai director to investor, and company incorporation documents, requesting Class B visa to support hiring investor as Managing Director.

Director gets Class B visa, comes here, finds his own office location, provides identity information for whatever new shareholders he wants to substitute in place of original slate - we then process registration change to insert him in place of our interim director, change registered office address, and make any desired changes to shareholders. Investor now has the company he wants, where he wants it. He then opens bank account, and carries on his business.

The client's risk is that we are crooks and take the money he sends us to get things processed. Other than that, the newly-formed company has no assets - so there is no risk. By the time it has assets, the shareholder/director structure is as client wants it.

Most overseas investors come here on entries on arrival (no visa) to get things started. Once company is established (which should never take more than three weeks), we provide employmemnt letter and incorporation documentation, and they make a visa run to Singapore, KL, or Penang to get Class B visa. Upon return with 90 day initial entry permit, we then submit work permit application for them - and they typically have work permit in hand two weeks after arrival.

I have recently heard about big-name law firms here taking 6-10 weeks to orchestrate company incorporation, and a month or more to arrange work permits. Such timing is utterly absurd.

The incorporation process should take three weeks - two weeks in a pinch. The work permit process should take two to three weeks - 10 days, in a pinch.

The only things that take significant time are:

1. Obtaining final long-term entry permit extension (this can take 20-24 weeks after initial arrival)

2. Registering Thai Rep Office (which involves sequential steps in both country where Head Office is located, and in Thailand)

3. Obtaining Alien Business License or Amity Treaty certification (which involves consideration by a board or committe during two separate sessions, at least one month apart - and preparation of documentation takes a long time).

For anyone considering trying to register a company with majority foreign ownership (and this includes Thai Rep Offices),the required documentation to pursue business activities that are restricted to foreign companies has gotten MUCH harder over past six weeks - as an example, take a look at just one small part of the application process - which has ballooned into a major pain - see English translation at http://www.thairegistration.com/eng/foreig...gy_Transfer.doc

I have commonly seen investors from USA and UK who obtained one-year multiple-entry Class B visas from Thai Embassy in their home country by just indicating that they were going to Thailand to start a business. But this may only happen at certain diplomatic posts, and the criteria for issuing such visas may fluctuate from post to post, or even by different individuals at the same post.

Good luck!

Steve Sykes

Managing Director

Indo-Siam Group

Bangkok

[email protected]

www.thaistartup.com

[rainman]

Thanks for both of your responses and clearing up things a little. Indo-Siam, perhaps i will give you a call when the time comes (within the next 1-2 weeks) to discuss it with you and my lawyer (i always cross-check things with several people).

[rainman]

Just a follow-up. I plan on incorporating within the next 2-3 months so i have no pressure with things and find the right place for an office, etc. My current single entry tourist visa (with extension, done next week) will be expiring in about one month. Is it better for the next 2-3 months to get another single entry tourist visa? I've heard you can get denied if you enter too close one after another? I've only had a 30 days entry (stayed 28 days) on arrival and a 60 days visa (not yet extended) so far in my entire life for Thailand ...and in KL they told me 2 months ago if i required another tourist visa i could come get another one. Are the rules there still about the same..?

Just making sure.

[rainman]

..or will i get into trouble for requesting a 2nd tourist visa after already having a 60 days and a 30 days one (on arrival) before?

[dr_Pat_Pong]

..or will i get into trouble for requesting a 2nd tourist visa after already having a 60 days and a 30 days one (on arrival) before? <_<

You won't have problem getting another visa. I still believe you are best off with a non-immigrant B visa.

[rainman]

Yes, i know thats the best visa for my purpose and the one i will most likely get. I just want to take my time in getting to know things before getting started and if i apply for a Non-Imm B now, i will need to accomplish certain things within a limited time.

[dr_Pat_Pong]

Apart from all else, a non-immigrant B visa gives an aura of respectability. Good luck with your plans.

[rainman]

i called the royal thai embassy in both canada and malaysia in the past days and got different information on requirements from both of them. great.

[ovenman]

i called the royal thai embassy in both canada and malaysia in the past days and got different information on requirements from both of them. great.

Call three or four more consular offices and you'll receive that many more differing responses. Welcome to Thailand, dude.

[rainman]

i think what i'm getting from all sources is that after you get the B visa, it all depends on your dealings with the thai board of investment in either bangkok or in new york. sigh.

[Guest fj2003]

a interessting advice of a friend of mine

take a company letter which officially will send you to thailand in order to open business contact and will give you a warrenty for full cost payment of your travel

to the next thai embassey at your home country and apply there for a

" non B multiple entry 365 days visa "

and you will be happy for a time of 15 month in order to leave at least all 90 days

on top this will allowed you to open your business and to apply for your work permition

please correct me anyone if there is a mistake in

i never stay that long in thailand

but figure out if it works

[rainman]

thanks a lot for the advice yes that's what i'll most likely do. i will have a longer phone call with the thai embassy in my country of residence early next week on this, too. i'm the ceo of the company, so i'll have to write the letter myself, for myself. kind of weird but oh well

[dr_Pat_Pong]

thanks a lot for the advice yes that's what i'll most likely do. i will have a longer phone call with the thai embassy in my country of residence early next week on this, too. i'm the ceo of the company, so i'll have to write the letter myself, for myself. kind of weird but oh well

Writing that letter yourself is perfectly OK. I am sure you are aware, but that one year multiple entry visa enables stays of up to 90 days on each entry.