Please Help Getting Very Confused With Work Permit

[buzzer101]

Hi all,

I have been in Chiang Mai now for 3 months and am married to a Thai lady. I am on a non imm O visa at the moment. Me and my wife wish to start up a small restaurant but I need a Work Permit. I have been advised the best way would be to form a Limited Company and be a Shareholder and work as a Managing Director. I understand the 7 Shareholder rules and the 4 Thai Employee rules. My confusion is the 2 Million BHT Shareholiding. I have spoken to various people some who tell me it only has to be on paper and others advise that I would need to put up the 2 Million BHT, this is where I,m confused. Could somebody please advise me if they have any similar situations and what is the best option for me to get a Work Permit. The restaurant we are hoping to open is a very small operation and will not cost more than 300,000 BHt's to open hence I do not want to pump in 2 million BHT.

Many thanks in advance

Mike

[lopburi3]

Believe the requirement is only 2 Thai and 1 million if married to a Thai. The money can be in inventory and such. Would expect legal advise should be obtained as there will be ongoing requirements for accounting with such a system.

Now if the only reason for your work permit (you can not be the chief as MD) is for visa extensions of stay perhaps your wife can just set up business or obtain employment showing 40k per month income to take care of that.

[buzzer101]

Believe the requirement is only 2 Thai and 1 million if married to a Thai. The money can be in inventory and such. Would expect legal advise should be obtained as there will be ongoing requirements for accounting with such a system.

Now if the only reason for your work permit (you can not be the chief as MD) is for visa extensions of stay perhaps your wife can just set up business or obtain employment showing 40k per month income to take care of that.

Thanks Lopburi, I am hoping to retain my visa as non O and not change it to B and yes if my wife and I both work we can show the combined income of 40K per month as required.

Could I also ask if my wife could set up the business as a sole owner or does it have to be a LTD company in order to obtain a WP.

[lopburi3]

I don't know but also don't know why you want a work permit if you plan to stay using family 40k income. You do not have to have a job or income in that case and you do not seem to be looking for a work permit that really allows you to do any work.

[buzzer101]

I don't know but also don't know why you want a work permit if you plan to stay using family 40k income. You do not have to have a job or income in that case and you do not seem to be looking for a work permit that really allows you to do any work.

We want to open up a small Euopean food Take Away business and I want to be able to work in the shop as I can liase with customers and help cook and hence the WP

[PoorSucker]

You can get WP on Non-O

[learningcurve]

Hi Buzzer101

To obtain a WP you first must register a Thai Company, as you will be a Trading Company your registered company will have to be registered as a 2 Million baht company, you will not have to show this money as capital, it is a paperwork figure only. Once your company is registered you can then apply for a WP as the MD of the company. Your WP will state in detail what work you are allowed to do. You will own (approx) 48% of the company shares, your wife will own approx 47% of the shares and the remaining share holders will hold 1% each. You will be registered as the only Director of the company and as such the only person who can sign company forms. You only need to employ 4 Thai nationals if you change your visa to a type B. You can remain on a non O visa, the labour office will just stamp the last page of your passport to show that you are registered with them as working and have been issued a WP. You will have to pay approx 3500 baht per month Thai Income tax on a (paperwork only) salary of 50,000 baht per month. It would be best to consult a lawyer to set up your limited company and obtain your WP if you are unsure of the procedure. Once you have your WP you can apply to the labour office to extend it yourself (when required), this is very easy to do. You will also need to produce Audit Accounts once a year. Employ an Accountant to do this for you.

Good luck with your venture.

[soundman]

Why would you want to open a company for a business like that?

A 1mil. partnership (with your wife or another) or even a sole propriotorship (wife & no WP available here - I think ) would suffice.

Being married to a Thai citizen allows you to be eligable for a WP without specified minimum wage payments & for the business that employs you to have registered capital of only 1 mil baht.

WP are rarely given for positions that a Thai national could fill - such as general cook. WP are job and location specific.

Suggest OP spend a few thousand baht & speak to one of the legal firms who sponsor this forum to get the facts straight.

Cheers,

Soundman.