Petchou Posted August 7, 2020 Share Posted August 7, 2020 Is there someone knowledgeable who can help. Is it possible for a Thai owner of a limited company to give part of his/her Company to a foreigner if they want voluntarily? If this is possible, does it allow the foreigner who is under non immigrant-O visa to switch to non immigrant-B visa? Your help and advice are highly appreciated. Thank you. Link to comment Share on other sites More sharing options...
Maestro Posted August 7, 2020 Share Posted August 7, 2020 You do not need to own shares of a Thai company to get, from a Thai embassy or consulate, a non-B visa to travel to Thailand for the purpose of conducting business. Link to comment Share on other sites More sharing options...
ubonjoe Posted August 8, 2020 Share Posted August 8, 2020 You cannot change non immigrant visa categories while in the country. The only way to get a non-b visa is to apply for one at a Thai embassy or consulate after a work permit application is done. Dependent upon what your non-o visa was issued for you might be able to change the reason for your extension of stay to working. Link to comment Share on other sites More sharing options...
natway09 Posted August 8, 2020 Share Posted August 8, 2020 Share transfers require a "consideration" these days to avoid the anti laundering mob from getting involved. You cannot start the process for a "Non B " in Thailand unless the virus has changed Immigration's policy 1 Link to comment Share on other sites More sharing options...
khunPer Posted August 8, 2020 Share Posted August 8, 2020 On 8/7/2020 at 4:11 PM, Petchou said: Is it possible for a Thai owner of a limited company to give part of his/her Company to a foreigner if they want voluntarily? If this is possible, does it allow the foreigner who is under non immigrant-O visa to switch to non immigrant-B visa? Your help and advice are highly appreciated. A thai can transfer/sell shares to a foreigner in a Thai company limited as long as the total number of shares held by foreigners don't exceed 49 percent. I believe there shall always be minimum three shareholders, like when a company limited is registered. You don't need any special visa status to be a shareholder, nor as director on board level only. Being a shareholder in a Thai company limited don't qualify for a non-B visa, you need a work permit – or agreement/contract for work – and the company need to fulfill the conditions for employing a foreigner; normally it's minimum two million baht shareholder capital, and four Thai employees, for one foreigner's work permit. If you are married to a Thai, you don't need to change visa status from non-O to non-B to obtain a work permit. To my knowledge you cannot change to a non-B domestically. 1 Link to comment Share on other sites More sharing options...
Petchou Posted August 8, 2020 Author Share Posted August 8, 2020 2 hours ago, khunPer said: A thai can transfer/sell shares to a foreigner in a Thai company limited as long as the total number of shares held by foreigners don't exceed 49 percent. I believe there shall always be minimum three shareholders, like when a company limited is registered. You don't need any special visa status to be a shareholder, nor as director on board level only. Being a shareholder in a Thai company limited don't qualify for a non-B visa, you need a work permit – or agreement/contract for work – and the company need to fulfill the conditions for employing a foreigner; normally it's minimum two million baht shareholder capital, and four Thai employees, for one foreigner's work permit. If you are married to a Thai, you don't need to change visa status from non-O to non-B to obtain a work permit. To my knowledge you cannot change to a non-B domestically. Thank you for your reply. It's clearer now for me. ???????????? 2 Link to comment Share on other sites More sharing options...
timendres Posted August 8, 2020 Share Posted August 8, 2020 3 hours ago, khunPer said: A thai can transfer/sell shares to a foreigner in a Thai company limited as long as the total number of shares held by foreigners don't exceed 49 percent. I believe there shall always be minimum three shareholders, like when a company limited is registered. The exception being US citizens, who can own any percentage of a Thai limited company. The number of shareholders rule still applies. 1 Link to comment Share on other sites More sharing options...
Petchou Posted August 8, 2020 Author Share Posted August 8, 2020 3 hours ago, khunPer said: A thai can transfer/sell shares to a foreigner in a Thai company limited as long as the total number of shares held by foreigners don't exceed 49 percent. I believe there shall always be minimum three shareholders, like when a company limited is registered. You don't need any special visa status to be a shareholder, nor as director on board level only. Being a shareholder in a Thai company limited don't qualify for a non-B visa, you need a work permit – or agreement/contract for work – and the company need to fulfill the conditions for employing a foreigner; normally it's minimum two million baht shareholder capital, and four Thai employees, for one foreigner's work permit. If you are married to a Thai, you don't need to change visa status from non-O to non-B to obtain a work permit. To my knowledge you cannot change to a non-B domestically. I am now a shareholder with 2 other shareholders as you mentioned. Being outside Thailand at the moment, what is best way to go back legally? Is a work agreement/ contract enough or better go for work permit? Should all these be done in Thailand or at Thai embassy where I am now? Thank you so much Link to comment Share on other sites More sharing options...
khunPer Posted August 8, 2020 Share Posted August 8, 2020 (edited) 2 hours ago, Petchou said: I am now a shareholder with 2 other shareholders as you mentioned. Being outside Thailand at the moment, what is best way to go back legally? Is a work agreement/ contract enough or better go for work permit? Should all these be done in Thailand or at Thai embassy where I am now? Thank you so much To my knowledge you need an agreement/a contract for work – and the company shall of course fulfill the conditions for obtaining a work permit for a foreigner – then you should be able to apply for a non-immigrant B visa in a Thai embassy abroad, and thereafter apply for permission to return to Thailand also at a Thai embassy. The company's accountant or lawyer should be able to make the necessary documents. There are other threads about entry under the Covid-19 exception rules and the mandatory quarantine. Edit, insert images with government instructions... Edited August 8, 2020 by khunPer 1 Link to comment Share on other sites More sharing options...
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