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International School Ownership Under Boi Privilege

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Is it a MoEd rule that all international schools (say a college from Europe) that opens a campus in Thailand must be majority owned by Thais if it is a BOI company?

Thank you for your questions in regard to the Ministry of Education and a BOI company setup. Currently the Board of Investment (BOI) is accepting applications from businesses involved in the international educational field (Eligible Activity Number 7.18.2).

Even though the BOI do not state that you are required to have the majority of the shares to be owned by Thais, it would prohibit you from having 100% foreign ownership. As with the Thai education systems, it is supersede and governed by the Ministry of Education. According to Private Higher Education Institute Act B.E. 2550 stated that the education institute must be owned by majority Thai (Individual and/or Juristic Identity) as well as be directed by a Thai, its representative (the Authorized Director).

In regarding to the number foreign staff (teachers), this is at the Official’s discretionary as the number of the foreigner (Work Permit) should correspond with the number of students.

Various Thai government offices have different rules and not always do these rules match the other government department. Our firm works with many BOI company set ups every month and would be happy to help you

26th Floor Fortune Town BR, 1 Ratchadapisek Rd, 10400 Bangkok

Tel: 02-642-0213 Fax: 02-641-1995

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