Setting Up A Compay

[Rossi]

Thank you Sunbelt for all these information.

Seems like getting married is the solution for a lot of problems, or maybe just the start of them

So if I put it all togehter now it is like this:

- If I am married I could get a work permit in a company registered with only 1 million Baht (2 Million needed if I am not married).

- If I am married, I can apply for a multiple entry non immigrant Type O visa. If I have a work permit and get a salary of at least 40.000 Baht, then I can get an extension of stay based on the support of a Thai national (my wife).

- With the extension of stay, I will not longer have to do the visa run every 90 days.

Still some things are not clear:

- If I apply for the work permit the first time, do I need a Type B (business) visa or is a Type O visa good too?

- If I don't have to extension of stay, I have to do the visa run every 90 days. Does the work permit expire if I leave the country and come back? If so, is it easy and quick to get it renewed?

- If the work permit expires after one year, I can renew it just with a valid Type O visa? Is it the same procedure as applying for a work permit the first time? Same costs, documents, time?

- If I have a work permit, a Type O visa, and an extension of stay, do I still need a multiple reentry permit if I leave the country?

[Sunbelt Asia]

- If I am married I could get a work permit in a company registered with only 1 million Baht (2 Million needed if I am not married).

Yes However if you own more than 51% of the shares, even though you are married, it has to be 2 million Baht

- If I am married, I can apply for a multiple entry non immigrant Type O visa. If I have a work permit and get a salary of at least 40.000 Baht, then I can get an extension of stay based on the support of a Thai national (my wife).

correct

- With the extension of stay, I will not longer have to do the visa run every 90 days.

correct

- If I apply for the work permit the first time, do I need a Type B (business) visa or is a Type O visa good too?

either works

-

If I don't have to extension of stay, I have to do the visa run every 90 days. Does the work permit expire if I leave the country and come back? If so, is it easy and quick to get it renewed?

It does not expire when you leave the country. ( as long as the validation stamp has not expired on its own)

-

If the work permit expires after one year, I can renew it just with a valid Type O visa? Is it the same procedure as applying for a work permit the first time? Same costs, documents, time?

Yes. Less costs on our end.... only 3,900 Baht versus 6,500 Baht A way of saying " Thank you to our clients. Most firms charge more on the renewal.

- If I have a work permit, a Type O visa, and an extension of stay, do I still need a multiple reentry permit if I leave the country?

You need a rentry permit. It can be a single for that one time or multi-entry.

www.sunbeltasiagroup.com

[scn]

Although the penalty for working without a work permit is brutal (ie. don't do it), you need to ask the question about if you will be doing any physical work. Remember you can own a business in the LOL with no problems.

People that I know of that have got busted, a long haul taxi service where the farang was actually doing some of the shuttling himself. A bar owner who hung a picture by himself in his bar using a ladder, hammer and nails.

If your company owns a pizza parlor for example, and you go in to the pizza parlor and sit at the bar and read a newspaper -- everything is fine. You can't clear tables or take money from customers. You also are free to say anything you want to any of the employees, it is physical activity they are looking for.

Normally none of this stuff comes up unless there is a complaint (ie. the pizza parlor across the road). One other thing that is a no no in the case of a complaint is if you are the only director in your company with signatory power. Then at least on paper anyway you must be doing some physical work like signing checks.

Can someone help me here pls? I just finished registering a company a couple of days ago. I do not have a bank account and me and and my wife are joint directors. (both are joint signatories for the company)

Do I still need a work permit to open a bank account?

Is there a time limit before which I should have the 25% of the registered capital paid into the bank account?

If I do not work in the company and say my wife is the managing director do i still need to get a work permit?

Any help would be appreciated

[Backpack_thailand]

Although the penalty for working without a work permit is brutal (ie. don't do it), you need to ask the question about if you will be doing any physical work. Remember you can own a business in the LOL with no problems.

People that I know of that have got busted, a long haul taxi service where the farang was actually doing some of the shuttling himself. A bar owner who hung a picture by himself in his bar using a ladder, hammer and nails.

If your company owns a pizza parlor for example, and you go in to the pizza parlor and sit at the bar and read a newspaper -- everything is fine. You can't clear tables or take money from customers. You also are free to say anything you want to any of the employees, it is physical activity they are looking for.

Normally none of this stuff comes up unless there is a complaint (ie. the pizza parlor across the road). One other thing that is a no no in the case of a complaint is if you are the only director in your company with signatory power. Then at least on paper anyway you must be doing some physical work like signing checks.

Absolutely. I had a friend in Krabi who ran an internet cafe and was collared for serving a cup of coffee as the Thai girls had just popped out for a few minutes. He was set up by the owner (Thai) of another cafe in town who had a camera on him 24 hours a day waiting to catch him "working". For his troubles he spent 3 months in IDC in Bangkok...!!!

Take Warning!

[Sunbelt Asia]

Can someone help me here pls? I just finished registering a company a couple of days ago. I do not have a bank account and me and and my wife are joint directors. (both are joint signatories for the company

Do I still need a work permit to open a bank account? )

If you will be a signature on the current corporate acct, yes you will need a work permit. Corporate Savings acct, depends on the bank.

Is there a time limit before which I should have the 25% of the registered capital paid into the bank account?

60 days

If I do not work in the company and say my wife is the managing director do i still need to get a work permit?

If you do not work( and they mean ANY work), you do not need a work permit.

www.sunbeltasiagroup.com

[Rossi]

Is there a time limit before which I should have the 25% of the registered capital paid into the bank account?

60 days

I thought this have to be until may of the next year after the registration?

If I do not work in the company and say my wife is the managing director do i still need to get a work permit?

If you do not work( and they mean ANY work), you do not need a work permit.

Will I be granted a business visa just because I own a part of a business in Thailand, even if I don't want to apply for a work permit?

[Sunbelt Asia]

I thought this have to be until may of the next year after the registration?

Under the Civil Commercial Code, you can only register the company after at least 25% of the shares has been paid up. If registration does not take place within 90 days after the statutory meeting, the company is not formed, and all money has to be returned.

Will I be granted a business visa just because I own a part of a business in Thailand, even if I don't want to apply for a work permit?

From a Thai Embassy/Consulate? Depends on which one.

www.sunbeltasiagroup.com

[Rossi]

I thought this have to be until may of the next year after the registration?

Under the Civil Commercial Code, you can only register the company after at least 25% of the shares has been paid up. If registration does not take place within 90 days after the statutory meeting, the company is not formed, and all money has to be returned.

Is this new? At the end of 2004 you wrote:

Noone checks on this 200,000 or 400,000 Baht till the audit which is May of the following year. Some people who did not invest the 25% in cash I understood were fined 1,000 Baht at that time. If you form your company Jan, you are looking at May 2006 before you are fined.

So this changed in the meantime?

[Sunbelt Asia]

I thought this have to be until may of the next year after the registration?

Under the Civil Commercial Code, you can only register the company after at least 25% of the shares has been paid up. If registration does not take place within 90 days after the statutory meeting, the company is not formed, and all money has to be returned.

Is this new? At the end of 2004 you wrote:

Noone checks on this 200,000 or 400,000 Baht till the audit which is May of the following year. Some people who did not invest the 25% in cash I understood were fined 1,000 Baht at that time. If you form your company Jan, you are looking at May 2006 before you are fined.

So this changed in the meantime?

The law is still on the books as before. Still not aware of anyone checking this except the auditor in May. This of course can change in the future.

www.sunbeltasiagroup.com

[Geppis72]

I'm reading with lot of interest as new member all posts here and there, but still a simple question jump in my mind with this new Visa rules/ CO.LTD enfor., and initial post of Rossi it's very interesting, I would much appreciate Sunbelt comments in particular about below :

I have a Co.Ltd open since beg. of this year -> own house (not finish yet) in freehold-> plan to live in LOS from March 2007 me and my Italian wife -> I would like have multi Non Imm B (me as MD of the company) and O (my wife) but no need initially to have a WP = I would like go there, live there for few weeks looking around and see best working possibilities.

Now, I know I've to go to the Thai Emb. in Italy and present my Co LTd docs to have Multi Imm B and O.

Is this possible without asking a WP have above VISA now ?

Bottom line is possible today have those visa without WP, or you are forced to have both.

Tks a lot

[Sunbelt Asia]

I'm reading with lot of interest as new member all posts here and there, but still a simple question jump in my mind with this new Visa rules/ CO.LTD enfor., and initial post of Rossi it's very interesting, I would much appreciate Sunbelt comments in particular about below :

I have a Co.Ltd open since beg. of this year -> own house (not finish yet) in freehold-> plan to live in LOS from March 2007 me and my Italian wife -> I would like have multi Non Imm B (me as MD of the company) and O (my wife) but no need initially to have a WP = I would like go there, live there for few weeks looking around and see best working possibilities.

Now, I know I've to go to the Thai Emb. in Italy and present my Co LTd docs to have Multi Imm B and O.

Is this possible without asking a WP have above VISA now ?

Bottom line is possible today have those visa without WP, or you are forced to have both.

Tks a lot

In order to apply for the work permit, you need a visa. Some Embassies/Consulates require a WP3 first ( pre-clearance by the Thai Labor Dept for a work permit) I'm not aware of any Italian Embassy/Consulate having that requirement at this time. Most in Europe just need the co. paperwork with an invite letter.

www.sunbeltasiagroup.com

[Geppis72]

Tks a lot Sunbelt, still some grey areas,

If I understand correctly you are saing that I can get a non multi imm B presenting the co ltd set up and invitation letter, without the needs to really apply for a WP at the moment, but I can apply once there if I find a job for example ?

Having a visa without apply for WP let me avoid all the real office set up, salary/benefit,thai employees and all those issues, is that correct ?

If correct that's exactly what I'm looking for, have the Visa but once there not apply for WP till I find an employment, pls confirm if possible.

Means also that I can make my Visa run every 3 months legally without problems when re entry in LOS or they want to see a WP in order to stamp the other 90 days ?

Last question, if you have the B visa and the WP and you loose the job you can stay till the visa Expire and keep doing the visa run ?

Tks again to everybody

[Sunbelt Asia]

If I understand correctly you are saing that I can get a non multi imm B presenting the co ltd set up and invitation letter, without the needs to really apply for a WP at the moment, but I can apply once there if I find a job for example ?

Correct. You need a visa anyway, to apply for the work permit

Having a visa without apply for WP let me avoid all the real office set up, salary/benefit,thai employees and all those issues, is that correct ?

You don't need Thai employees to get a work permit. ( Common misconception that you need 4 Thais to get a work permit. This is not true! )

You still will need to have a salary yourself for a work permit.

If correct that's exactly what I'm looking for, have the Visa but once there not apply for WP till I find an employment, pls confirm if possible.

The process is to get the visa and then apply for the work permit. If you are working In Thailand, you need a work permit. If you are not working in Thailand, then wait to apply for the work permit, until you are working.

Means also that I can make my Visa run every 3 months legally without problems when re entry in LOS or they want to see a WP in order to stamp the other 90 days ?

You do not need to show a work permit at the border to get 90 days more on your multi entry visa.

Last question, if you have the B visa and the WP and you loose the job you can stay till the visa Expire and keep doing the visa run ?

Yes. Unless you had applied for a extension of stay based on business. In this case, you would have 7 days to leave the country and renter. If you had time left on your orginal multi entry visa, you can still use that at the border.

www.sunbeltasiagroup.com

[Geppis72]

Sunbelt it's sound great ! Tks

let's say that Co Ltd done in order to have freehold land/house is nowadays bit riscky for the well known reasons but at the same time it's at the moment, the only way to get a Non Imm Visa B if you are not really sponsorize from someody else....?

Reason why better keep the co ltd quiet and avoid to ask WP under it. Avoid WP will (probably) avoid further investigation if you do not really work for your own company, right ?

What's the best solution when the house is finish, register it under the co ltd or register the house under my name ?

The idea is going to live in the house initially (not sure if I need to make a contract from my company who lease the house to me as MD) or nothing.

After rent it to visitors, is this legal for the company have an income pay tax etc etc from renting on day basis ?

Tks again

Edited October 7, 2006 by Geppis72

[Sunbelt Asia]

What's the best solution when the house is finish, register it under the co ltd or register the house under my name ?

With some Land Depts if a foreign name owns one share, they won't register the land.

The best is to register a lifetime usufruct or 30 year lease on the land, and register the house in your name.

Whatever you do, you need a good lawyer.

www.suinbeltasiagroup.com

[bendix]

I have no vested interest in boosting Greg's business here (in fact, far from it as I work for a law firm myself), but i have to say I'm incredibly impressed with this thoroughness, patience and tact highlighted in this thread.

Good work fella

[Geppis72]

I have no vested interest in boosting Greg's business here (in fact, far from it as I work for a law firm myself), but i have to say I'm incredibly impressed with this thoroughness, patience and tact highlighted in this thread.

Good work fella

I'm a new member and I'm impressed as well about the quality of the forum and the incredible patience of Sunbelt.

Still do not find any logic behind apply for a non Imm B with via your own CO.LTD (or any other sponsor) and at the end after get the Visa do not apply for WP ? What's the sense behind this ? Is like if you say that the company will employ you (get a visa) and after they will not do it in real ??

Comments ?

New rules said also, that you can not apply for a WP if you are a consultant because the term is to vague ? But if you want work for your self only, is possible in Thai ? I would like to be sort of intermediary (let's say translator and consultant) for people who want advise and information's about Properties, biz and marketing, so I will work "On Call" what I should do ? I do not need either the office either any staff ? I have my Co Ltd, can I use it for this purpose ? somebody knows something about individual job with or without Co Ltd ?

Tks

[~G~]

New rules said also, that you can not apply for a WP if you are a consultant because the term is to vague ? But if you want work for your self only, is possible in Thai ? I would like to be sort of intermediary (let's say translator and consultant) for people who want advise and information's about Properties, biz and marketing, so I will work "On Call" what I should do ? I do not need either the office either any staff ? I have my Co Ltd, can I use it for this purpose ? somebody knows something about individual job with or without Co Ltd ?

This is exactly the kind of foreigner business Thailand is not that eager to have: no Thais employed, non-tangible services, not bringing in any foreign exchange, low capitalization, little taxes...

[Geppis72]

New rules said also, that you can not apply for a WP if you are a consultant because the term is to vague ? But if you want work for your self only, is possible in Thai ? I would like to be sort of intermediary (let's say translator and consultant) for people who want advise and information's about Properties, biz and marketing, so I will work "On Call" what I should do ? I do not need either the office either any staff ? I have my Co Ltd, can I use it for this purpose ? somebody knows something about individual job with or without Co Ltd ?

This is exactly the kind of foreigner business Thailand is not that eager to have: no Thais employed, non-tangible services, not bringing in any foreign exchange, low capitalization, little taxes...

Not 100% correct under my point of view, because you live there and you spend money in rent an house to live, buy a car, import currency for above and of course if you get paid you pay tax.

Like in EU no difference....

[~G~]

New rules said also, that you can not apply for a WP if you are a consultant because the term is to vague ? But if you want work for your self only, is possible in Thai ? I would like to be sort of intermediary (let's say translator and consultant) for people who want advise and information's about Properties, biz and marketing, so I will work "On Call" what I should do ? I do not need either the office either any staff ? I have my Co Ltd, can I use it for this purpose ? somebody knows something about individual job with or without Co Ltd ?

This is exactly the kind of foreigner business Thailand is not that eager to have: no Thais employed, non-tangible services, not bringing in any foreign exchange, low capitalization, little taxes...

Not 100% correct under my point of view, because you live there and you spend money in rent an house to live, buy a car, import currency for above and of course if you get paid you pay tax.

Like in EU no difference....

You don't need to convince ME, ask immigration why they changed the rules for Extension of Stay.

There is quite a big difference between the EU and Thailand in foreign business policies, from your previous posts you have spotted some of it, I guess you are currently in the denial stage?

[Geppis72]

I'm just confuse from top to the bottom....

We planned to move since 10 months....

move for a "better chapter of our life" ....

and..... now all this mess .....

[~G~]

I'm just confuse from top to the bottom....

We planned to move since 10 months....

move for a "better chapter of our life" ....

and..... now all this mess .....

The bottom line is, as long as your profit is large enough, you'll be able to handle the overhead. If you expect modest income, the company/taxes/wp/visa runs/etc can be a significant burdon.

You have to have a commercial address, which means an office of some kind. Virtual office works until it doesn't. I have a friend that rents a townhouse, and registered his company in that address, so registering it to your personal address is indeed possible (might not be easy to find a landlord who agrees to).

Nobody is forcing you to hire Thai employees, but unless you have 4 (and enough income), you will have to leave the country every 90 days.

I assume you can find a definition for what you wish to do apart from "consultant".

[Geppis72]

I'm just confuse from top to the bottom....

We planned to move since 10 months....

move for a "better chapter of our life" ....

and..... now all this mess .....

The bottom line is, as long as your profit is large enough, you'll be able to handle the overhead. If you expect modest income, the company/taxes/wp/visa runs/etc can be a significant burdon.

You have to have a commercial address, which means an office of some kind. Virtual office works until it doesn't. I have a friend that rents a townhouse, and registered his company in that address, so registering it to your personal address is indeed possible (might not be easy to find a landlord who agrees to).

Nobody is forcing you to hire Thai employees, but unless you have 4 (and enough income), you will have to leave the country every 90 days.

I assume you can find a definition for what you wish to do apart from "consultant".

To be transparent the idea was to buy an house (and we did, it's small one, only 1 bedroom) it's in a resort to be completed soon with rest. Spa and all that stuff. All transfer etc etc has been done already, and the company has an address too. Go there for few weeks and do nothing initially, just looking around. After Rent this house via the resort managment and get money from clients on daily basis. We going to rent an house on long term basisi for us, and create a job "on call" (consultant), in this way I could have my income (and pay tax) out of my personal job and out of the rented property trough the Co.Ltd. But now everything is mixup, you need the Co Ltd (or sponsor) in order to obtain a Non Imm B and so on... so now I can not even sell the house or the Co.Ltd untill I do not find a fix employment otherwise I loose the right to get the Visa, is like running in circle....

[johnnyk]

I'm just confuse from top to the bottom....

We planned to move since 10 months....

move for a "better chapter of our life" ....

and..... now all this mess .....

The bottom line is, as long as your profit is large enough, you'll be able to handle the overhead. If you expect modest income, the company/taxes/wp/visa runs/etc can be a significant burdon.

You have to have a commercial address, which means an office of some kind. Virtual office works until it doesn't. I have a friend that rents a townhouse, and registered his company in that address, so registering it to your personal address is indeed possible (might not be easy to find a landlord who agrees to).

Nobody is forcing you to hire Thai employees, but unless you have 4 (and enough income), you will have to leave the country every 90 days.

I assume you can find a definition for what you wish to do apart from "consultant".

To be transparent the idea was to buy an house (and we did, it's small one, only 1 bedroom) it's in a resort to be completed soon with rest. Spa and all that stuff. All transfer etc etc has been done already, and the company has an address too. Go there for few weeks and do nothing initially, just looking around. After Rent this house via the resort managment and get money from clients on daily basis. We going to rent an house on long term basisi for us, and create a job "on call" (consultant), in this way I could have my income (and pay tax) out of my personal job and out of the rented property trough the Co.Ltd. But now everything is mixup, you need the Co Ltd (or sponsor) in order to obtain a Non Imm B and so on... so now I can not even sell the house or the Co.Ltd untill I do not find a fix employment otherwise I loose the right to get the Visa, is like running in circle....

Welcome to Thailand, it is not the EU.

Why can't a Thai do your "job"? That may be of interest to the authorities.

[~G~]

I'm just confuse from top to the bottom....

We planned to move since 10 months....

move for a "better chapter of our life" ....

and..... now all this mess .....

The bottom line is, as long as your profit is large enough, you'll be able to handle the overhead. If you expect modest income, the company/taxes/wp/visa runs/etc can be a significant burdon.

You have to have a commercial address, which means an office of some kind. Virtual office works until it doesn't. I have a friend that rents a townhouse, and registered his company in that address, so registering it to your personal address is indeed possible (might not be easy to find a landlord who agrees to).

Nobody is forcing you to hire Thai employees, but unless you have 4 (and enough income), you will have to leave the country every 90 days.

I assume you can find a definition for what you wish to do apart from "consultant".

To be transparent the idea was to buy an house (and we did, it's small one, only 1 bedroom) it's in a resort to be completed soon with rest. Spa and all that stuff. All transfer etc etc has been done already, and the company has an address too. Go there for few weeks and do nothing initially, just looking around. After Rent this house via the resort managment and get money from clients on daily basis. We going to rent an house on long term basisi for us, and create a job "on call" (consultant), in this way I could have my income (and pay tax) out of my personal job and out of the rented property trough the Co.Ltd. But now everything is mixup, you need the Co Ltd (or sponsor) in order to obtain a Non Imm B and so on... so now I can not even sell the house or the Co.Ltd untill I do not find a fix employment otherwise I loose the right to get the Visa, is like running in circle....

In my opinion you are overestimating small problems while underestimating bigger problems - biggest of all is the land ownership issue.

[Geppis72]

I'm just confuse from top to the bottom....

We planned to move since 10 months....

move for a "better chapter of our life" ....

and..... now all this mess .....

The bottom line is, as long as your profit is large enough, you'll be able to handle the overhead. If you expect modest income, the company/taxes/wp/visa runs/etc can be a significant burdon.

You have to have a commercial address, which means an office of some kind. Virtual office works until it doesn't. I have a friend that rents a townhouse, and registered his company in that address, so registering it to your personal address is indeed possible (might not be easy to find a landlord who agrees to).

Nobody is forcing you to hire Thai employees, but unless you have 4 (and enough income), you will have to leave the country every 90 days.

I assume you can find a definition for what you wish to do apart from "consultant".

To be transparent the idea was to buy an house (and we did, it's small one, only 1 bedroom) it's in a resort to be completed soon with rest. Spa and all that stuff. All transfer etc etc has been done already, and the company has an address too. Go there for few weeks and do nothing initially, just looking around. After Rent this house via the resort managment and get money from clients on daily basis. We going to rent an house on long term basisi for us, and create a job "on call" (consultant), in this way I could have my income (and pay tax) out of my personal job and out of the rented property trough the Co.Ltd. But now everything is mixup, you need the Co Ltd (or sponsor) in order to obtain a Non Imm B and so on... so now I can not even sell the house or the Co.Ltd untill I do not find a fix employment otherwise I loose the right to get the Visa, is like running in circle....

Welcome to Thailand, it is not the EU.

Why can't a Thai do your "job"? That may be of interest to the authorities.

Simply because I can speak Italian, Spanish, English. Disadvantages I can not speak Thai (YET).

So could be difficult for a Thai person sell / rent house or properties or lease a nice Pizza resturant to above Eu citizens. I'm absolutely no better then a Thai .

Cheers