Job Offer And Getting My Own Work Permit

[FarangCravings]

Ok I have an opportunity at a Dive Shop down south as an Instructor and possibly opening another dive shop and I want to get my own work permit and from what I understand I need to open a Thai Limited Partnership with a thai owning 51% of the company and me 49%

The i would capitalize the company for 2 Million Baht this would give me 2 work permits

then i would apply for my work permit with me employing myself.

Is this correct so far

I would have the missus be the 51%

Next question I have seen fees to set this company up from 10,000 baht to 30,000 baht can someone direct me to the 10,000 baht option I'm all for saving 20,000 baht

cheers

Edited July 14, 2010 by FarangCravings

[Soutpeel]

Ok I have an opportunity at a Dive Shop down south as an Instructor and possibly opening another dive shop and I want to get my own work permit and from what I understand I need to open a Thai Limited Partnership with a thai owning 51% of the company and me 49%

The i would capitalize the company for 2 Million Baht this would give me 2 work permits

then i would apply for my work permit with me employing myself.

Is this correct so far

I would have the missus be the 51%

Next question I have seen fees to set this company up from 10,000 baht to 30,000 baht can someone direct me to the 10,000 baht option I'm all for saving 20,000 baht

cheers

You need 2 Thai employees if legally married and 4 if not, stand to be corrected but THB 2.0 mil capitalisation gets you 1 WP not 2, and if a WP in your company, you cant work for the diveshop unless you get both establishments put on the WP

Why doesnt the dive shop offer you a WP.....

Setting up a Ltd company for just the sake of a WP is a really expensive way to go if you even manage to pull it off, and for the first two years at least, you will be visa running every 90 days and by the sounds of things it will not be a trading company ?

If you are legally married and have an "O" visa based on marriage, easy to get a WP tacked on provided the diveshop provides the paperwork without going through all the above hassles

[FarangCravings]

Ok I have an opportunity at a Dive Shop down south as an Instructor and possibly opening another dive shop and I want to get my own work permit and from what I understand I need to open a Thai Limited Partnership with a thai owning 51% of the company and me 49%

The i would capitalize the company for 2 Million Baht this would give me 2 work permits

then i would apply for my work permit with me employing myself.

Is this correct so far

I would have the missus be the 51%

Next question I have seen fees to set this company up from 10,000 baht to 30,000 baht can someone direct me to the 10,000 baht option I'm all for saving 20,000 baht

cheers

You need 2 Thai employees if legally married and 4 if not, stand to be corrected but THB 2.0 mil capitalisation gets you 1 WP not 2, and if a WP in your company, you cant work for the diveshop unless you get both establishments put on the WP

Why doesnt the dive shop offer you a WP.....

Setting up a Ltd company for just the sake of a WP is a really expensive way to go if you even manage to pull it off, and for the first two years at least, you will be visa running every 90 days and by the sounds of things it will not be a trading company ?

If you are legally married and have an "O" visa based on marriage, easy to get a WP tacked on provided the diveshop provides the paperwork without going through all the above hassles

Guess i am going to have to go and get some professional advice as I have been told by several instructors this is how they get there work permits and your advice may refer to a regular Thai company NOT a Thai Limited partnership which is different

I want to get my own work permit if possible since I don't want to be tied to one specific dive shop and the new shop would be under my Thai company

Also the dive shop already has 4 work permits issued to foreigners already

cheers

[Soutpeel]

Guess i am going to have to go and get some professional advice as I have been told by several instructors this is how they get there work permits and your advice may refer to a regular Thai company NOT a Thai Limited partnership which is different

I want to get my own work permit if possible since I don't want to be tied to one specific dive shop and the new shop would be under my Thai company

Also the dive shop already has 4 work permits issued to foreigners already

cheers

I would go and get some legal advice as beleive you are getting confused, there is no such thing as a Thai limited partnership as far as I am aware, beleive you are referring to a sole proprietary type company not a limited company, but the two million set up you describe above is for a Thai limited company or regular Thai company as you call it

go and see a lawyer

[FarangCravings]

Guess i am going to have to go and get some professional advice as I have been told by several instructors this is how they get there work permits and your advice may refer to a regular Thai company NOT a Thai Limited partnership which is different

I want to get my own work permit if possible since I don't want to be tied to one specific dive shop and the new shop would be under my Thai company

Also the dive shop already has 4 work permits issued to foreigners already

cheers

I would go and get some legal advice as beleive you are getting confused, there is no such thing as a Thai limited partnership as far as I am aware, beleive you are referring to a sole proprietary type company not a limited company, but the two million set up you describe above is for a Thai limited company or regular Thai company as you call it

go and see a lawyer

Will do but the first page of the site I went to jsut now clearly shows a Thai Limited Partnership as an available choice I wont pu the link as its not a TV sponsor so I am on the right path

Limited Partnership

A Limited Thai partnership is in several ways similar to an Ordinary Thai partnership, though it provides that there must be two types of partnership. The first one is where partners whose liability are limited and the other one is partners whose liability are jointly and unlimited.

Edited July 14, 2010 by FarangCravings

[monty]

Possible, although I have no experience with limited partnerships.

You'd still need 2 million per work permit, although when married to a Thai National, only 1 million is required. So 2 million registered capital could support 2 work permits, if both WP applicants are married to a Thai National.

Once you have the partnership, the Thai partner would have to do all the paperwork applying for your work permit, you are not allowed to put in any paperwork on behalf of the partnership until you hold a valid work permit!

So it is not you employing yourself, but the partnership!

[Sunny Valentine]

Possible, although I have no experience with limited partnerships.

You'd still need 2 million per work permit, although when married to a Thai National, only 1 million is required. So 2 million registered capital could support 2 work permits, if both WP applicants are married to a Thai National.

Once you have the partnership, the Thai partner would have to do all the paperwork applying for your work permit, you are not allowed to put in any paperwork on behalf of the partnership until you hold a valid work permit!

So it is not you employing yourself, but the partnership!

Can you point me to some legal quotes on this one? I have heard about that too (Only 1 Million reg capital) but my lawyer hasn't. And as we are currently planning a new company, this would be helpful.

Is there a quotable law, ministerial regulation, or anything similar to that available?

[monty]

Possible, although I have no experience with limited partnerships.

You'd still need 2 million per work permit, although when married to a Thai National, only 1 million is required. So 2 million registered capital could support 2 work permits, if both WP applicants are married to a Thai National.

Once you have the partnership, the Thai partner would have to do all the paperwork applying for your work permit, you are not allowed to put in any paperwork on behalf of the partnership until you hold a valid work permit!

So it is not you employing yourself, but the partnership!

Can you point me to some legal quotes on this one? I have heard about that too (Only 1 Million reg capital) but my lawyer hasn't. And as we are currently planning a new company, this would be helpful.

Is there a quotable law, ministerial regulation, or anything similar to that available?

Not sure in how far the following is a proper translation though:

http://www.bia.co.th/023.html

If you scroll down to General criteria for approval of a work permit you'll see noted a bit down under the financial requirements for employers;

The amounts of these investments are reduced by 50%, if the foreigner is married to and living with a Thai spouse and the marriage is legally registered in Thailand.

[Sunny Valentine]

Not sure in how far the following is a proper translation though:

http://www.bia.co.th/023.html

Thanks.

Any idea where the original text this translation is based upon resides on the net?

Difficult to argue with a lawyer by pointing to a statement from another lawyer ...