Alien Business Law: Prohibited Professions

[Jaime]

I am an architect trained and working in the UK and, after living here in the UK with my Thai wife for some years, have been considering making some sort of property related business in Hua Hin (mainly service based rather than development based), with a view to moving there in 6 to 12 months time.

As far as I am aware, service business activities such as architecture, construction and land trade are Category A occupations under the Alien Business Law in Thailand, meaning that they are closed to foreigners. So how does someone like me, who is trained specifically in those fields, go about setting up a business venture in those sectors in Thailand? How do all the real estate agents do it!?

[dr_Pat_Pong]

Wouldn't you be a Consultant to your wife's service company ? Accounting and law are also on that list, but all of the B I G groups have foreign Consultant's on the staff ( and in top management positions )

[Jaime]

Thanks for the reply.

I had an idea it was something to do with consultancy - do you know of any links to more information on this subject? Getting around the restrictions by becoming a 'consultant' sort of makes a mockery of the Alien Business Law protectionism if that is the case. Presumably we would set up a Thai company in my wife's name and she would then employ me, arrange work permit etc. for me to act as a consultant. She has no background (or interest) in my line of work though and I would actually be doing all the work. Is that legal? If I come to LoS to live & work I intend making a proper (legit) go of things so I don't have to keep looking over my shoulder!

[dr_Pat_Pong]

Thanks for the reply.

I had an idea it was something to do with consultancy - do you know of any links to more information on this subject? Getting around the restrictions by becoming a 'consultant' sort of makes a mockery of the Alien Business Law protectionism if that is the case. Presumably we would set up a Thai company in my wife's name and she would then employ me, arrange work permit etc. for me to act as a consultant. She has no background (or interest) in my line of work though and I would actually be doing all the work. Is that legal? If I come to LoS to live & work I intend making a proper (legit) go of things so I don't have to keep looking over my shoulder!

Our sponsors on the forum ( Sunbelt and Indo Siam ) are the best qualified to show you the way. Send a mail about your plans and ask for a bit of reality guidance. There are links on the forum.

[Jaime]

Cheers. I'll follow up your links. In the meantime, any and all other free advice gratefully accepted!

[Indo-Siam]

Reference: http://www.thailawforum.com/database1/foreign.html

The last page of this 6-page sequence features Lists 1, 2, and 3

The Alien Busines Law specifies activities that cannot be pursued by foreign majority-owned COMPANIES (unless they obtain an Alien Business License), and makes no comments on activities of individuals working for a company.

Obtaining an Alien Business License is a fairly painful process that I advise all clients to avoid.

If you set up your company such that Thai shareholders own at least 50% plus one share, it can be an architectural services firm. And - you can personally be employed as the Managing Director of that firm. You can effectively pursue architectural activities - but you cannot personally obtain a work permit as an architect - because it is a restricted profession. And - you are supposed to be unable to officially sign off on architectural submissions - on a Thai government project, for example - you would have to hire a Thai architect to officially sign off.

I am ignorant about architectural work - I'm not even sure that sign-off is important. This restriction becomes more importnat in structural engineering , where professional liability is an issue - a foreign PE cannot sign-off as principal engineer on a bridge in Thailand - there must be a Thai PE signatory.

The list of restricted professions may be found at: http://www.ethailand.com/index.php?id=1836

Good luck!

Steve Sykes

Managing Director

Indo-Siam Group

Bangkok

[email protected]

www.thaistartup.com