Which Visa For Setting Up A Company In Thailand, Married To Thai National

[muratremix]

First of all, I have read enough topics to get information but the more I read, more confused I am. I hope somebody can Enlighten me because I will move to Thailand in 75 days with my Thai wife permanently.

What I want to do is: Start a company with my other farang friend, 49 percent to us 51 percent to my wife. Later on I will have 51 percent transferred to me by my wife. So it will be like 100% farang owned company. I will need Work Permit to manage company and visa to stay. I can apply for one year visa from Thai embassy in my country too but it will be Non-O tourist visa, not Non-O business type. I believe I can get WP only by Business visa which I can apply after I setup company.

I want to know how should I do this? Go to Thailand without visa (30 days entry), do some border runs if necessary until company is registered and paper work done, get work permit and one year B type visa?

I am not sure if I can have Work permit if I have one year marriage extension visa with my 30 days entry on my passport. Also, I'm setting company in order to buy LAND, which I read is getting more hard? I need work permit for sure, so buying land to my wife's name is not an option.

Any suggestions? Thank you.

[Maestro]

I believe this will be the best procedure for you to follow:

1. Get a non-immigrant visa category O (non-O visa) from a Thai consulate for the purpose of visiting family, ie your Thai wife.
   
2. Travel to Thailand. You will get permission to stay for 90 days.
   
3. If you don't have a bank account in Thailand yet, promptly after your arrival open a savings account, in your name alone, and transfer at least 400,000 Baht into it.
   
4. Get your company set up and apply for your work permit. This application is possible on any type of permission to stay; it does not have to based on a non-immigrant visa, but to receive the permit, once it is approved, you must be in Thailand on a non-O visa and your non-O to visit your wife serves this purpose. It does not have to be a non-B visa.
   
5. Any time during the last 30 days of your permission to stay, apply at your local immigration office for a one-year extension of stay for the reason of living with your Thai wife. You are allowed to have a work permit and work with this type of extension. It does not have to be an extension for the reason of employment.
   

Wishing you success with your new business venture.

[Tompa]

Hi,

I’m somewhat in a similar position. I’m currently on a Non O (marriage) visa (obtained in Thailand) and for the last year I have not worked. I plan to start working again (own Thai registered company) and want to obtain a work permit. I really don’t want to change my visa to a Non B with all the hassles involved (plus travel to an overseas embassy). I’ve read on various sites that you can obtain a work permit based on your Non O visa (and now here)

I went to my local labor department today to inquire about this and they told me it’s impossible to get a work permit on a Non O visa. Does anybody have any experience in actually getting a work permit based on Non O visa, or can point me to government web site where they confirm this?

Thanks,

Tompa,

I believe this will be the best procedure for you to follow:

1. Get a non-immigrant visa category O (non-O visa) from a Thai consulate for the purpose of visiting family, ie your Thai wife.
   
2. Travel to Thailand. You will get permission to stay for 90 days.
   
3. If you don't have a bank account in Thailand yet, promptly after your arrival open a savings account, in your name alone, and transfer at least 400,000 Baht into it.
   
4. Get your company set up and apply for your work permit. This application is possible on any type of permission to stay; it does not have to based on a non-immigrant visa, but to receive the permit, once it is approved, you must be in Thailand on a non-O visa and your non-O to visit your wife serves this purpose. It does not have to be a non-B visa.
   
5. Any time during the last 30 days of your permission to stay, apply at your local immigration office for a one-year extension of stay for the reason of living with your Thai wife. You are allowed to have a work permit and work with this type of extension. It does not have to be an extension for the reason of employment.
   

Wishing you success with your new business venture.

[lopburi3]

Hundreds of people have obtained on marriage extensions of stay. It is a retirement non immigrant O visa extension of stay that a work permit is not normally issued on.

[PoorSucker]

You must still have 51% in tour wife's name.

They will found out when you make your audit.

As married to Thai you only need two Thai employees and one million in capital

Normal rules are:

1. The business must be registered in Thailand.

2. The company must be capitalized to at least Baht 2 Million while operating fund must be at least Baht 1 Million.

3. The company must have a ration of at least 4 : 1 - Four Thais for every foreigner.

[muratremix]

What about transferring 51% share of my wife to my name after setting up company? Lawyer says it is possible. I want to keep company 100% farang owned because I will have a farang partner when setting up company and I'm planning 4 million baht capital to start with.

[Tompa]

Hundreds of people have obtained on marriage extensions of stay. It is a retirement non immigrant O visa extension of stay that a work permit is not normally issued on.

I don't have retirement non immigrant O visa but a normal one. I think the labor department don't know the rules themselves as they probably never had anyone in Chanthaburi ask for this before. I will go back on monday with some additional information.

[PoorSucker]

What about transferring 51% share of my wife to my name after setting up company? Lawyer says it is possible. I want to keep company 100% farang owned because I will have a farang partner when setting up company and I'm planning 4 million baht capital to start with.

Never heard about it.

If it was easy then everyone would already done that.

[EvilDrSomkid]

Murat, unless you are setting up an Amity Treaty company, for which you must be American, you cannot 100% own a Thai company. Only 49%.

It will be ILLEGAL for your wife to transfer the 51% after set up.

Check out SunBelt Asia, this site's sponsor. Just call them or check out their site.

http://www.sunbeltlegaladvisors.com/Thailand-Company-Limited.php

[muratremix]

Murat, unless you are setting up an Amity Treaty company, for which you must be American, you cannot 100% own a Thai company. Only 49%.

It will be ILLEGAL for your wife to transfer the 51% after set up.

Check out SunBelt Asia, this site's sponsor. Just call them or check out their site.

http://www.sunbeltle...any-Limited.php

If it is illegal, how can they even think about it? I mean I've heard that some people are selling empty Limited companies, which can be 100% farang owned.

If my wife decides to quit, what will happen to her 51 percent of shares?

Because I want to buy land, BOI promotion is most likely not working for me and I'm not from USA so Amity doesn't work for me.

[muratremix]

A quick google search lead me to this:

http://www.thailandguru.com/thailand-company-setup-registration.html

It seems I've fallen to an urban legend that is a company can be owned by 100% farangs legally. In that case, I really wonder how other business owners deal with this? If you are married to Thai, you may trust your wife with the remaining 51 percent but can you really trust women in money matters?

[digitalchromakey]

It seems I've fallen to an urban legend that is a company can be owned by 100% farangs legally. In that case, I really wonder how other business owners deal with this? If you are married to Thai, you may trust your wife with the remaining 51 percent but can you really trust women in money matters?

A good solution is to have Thai friends/associates/employees, who do not know one another/your wife and are prepared to help you form/run the company; they have say 10% of the shares; all of you can be directors.

Your wife doesn't have a majority of the shares and thus cannot do anything to the company without your and/or your friend's agreement.

Also make the bank accounts all joint signature.