Non-o-wife. Wp. Ltd

[rishi]

Hello, experiency

Having been a passive member (no posts) for some time, I'll hereby enter into the active mode and make a post.

Although, passive with respect to touching the keyboard; I've been pretty active with respect to clicking the mousebutton.... Ive clicked every number in the page-navigation and I've clicked every thread-tittle, appearing relevant, within the visa-forum and the business-forum - as well as a few other ones, I checked out just for fun. --- I know you guys (at least your forum faces, and i like you.

First off all: Congratulations to the guys who've put up this (technically) excellent site and a big "Thank you" to the guys who've made this site into a (intellectually) very valuable site. Many, many people have found the exact answer to their (more or less) exact - and often very personally important - problem after making a post here.

Well, having said this, I'm quite certain, that I'll manage to get along without your assistance --- but, on the other hand - I'm also quite certain, that your (eventual) advices, most likely will save me a lot of time, problems, frustrations, and boreing, repetitive work, etc ...

Oh, sorry ... This OP is already some kind of lenghty, ... Guess I better get to the point :

Here's my story: By now, I've got it all lined up at the "advanced beginner's level". I've got the required foreign funds to create a Thai Ltd (and whatever is needed to fulfill financial requirement the next 2-3 years), I've got my legally registered Thai spouse, I've got my Thai friends, I've got my Thai business-place on a long term lease, I've got my residency on a long term lease, I've got my multiple, non-o spouse visa. I (or legally spoken: my wife) even have a fully operating Thai business. --- And, best of all, I've got sufficient time to proceed from here in the best possible manner...

What I don't have is:

1) No one year extension of stay (currently allowed to stay untill Jan 18, 2006 - (and allowed to make another border run, at that time)

2) No work permit

3) No company

I do know, that all three things are within reach (because of my money). This I know because I've checked out quite many Q/A's of this site... What I don't know is the best procedure to proceed: what do i do first? Extend my visa? Form my company? Get my WP? --- Any details on the perfect timing, highly appreciated.

Thanks.

[Voo Doo]

First you should set up company, then get all needed papers to apply for work permit. And do it on your visa run.

I think this make sense.

Can't get WP without required documents of your or somebody's company. You have enough time to sort it out and catch 2 fish in one net.

[rishi]

Thanks Voo Doo,

I like your Avatar - it has a flavor of deep depht in it.

I gather this, make a company before getting the WP (unless you've already got an existing entity to sponsor your WP)... But when is optimal time to introduce the first one-year-extension- to-stay-and-support-Thai-spouse visa stamp?

[Indo-Siam]

You do not mention whether your business will have any Thai employees.

Here is one approach you may easily pursue:

Bring 400,000 baht into a Thai bank account bearing your name, remitted from outside Thailand. Use this money to obtain a long-term entry permit extension based on support of a Thai spouse. Based on your current entry permit, you can file the application for extension any time after December 20th. It will take about 40 days to be approved - and it is virtually assured of being approved. At some point, incorporate your company - thsi should take no more than three weeks, total. You need register only 1,000,000 baht capitalization - this is enough to sponsor a work permit for a foreigner married to a Thai. About 35 days after you submit your application for entry permit extension, submit your application for work permit. That process currently takes about 12 days. By the time work permit is ready for pick-up, you will have your long-term entry permit extension - so you will now receive a matching long-term work permit. You may obtain that work permit without having any Thai employees - and without even having opened a company bank account.

You are now ready to go. To remain fully compliant with Thai law, you then pay-in 25% of your registered capital - you can actaully use part of the 400,000 baht that you used to justify the entry permit extension. Pay taxes on a salary of at least 40,000 baht per month - that way, after one year, you may renew your entry permit extension (and your associated work permit) based on support of a Tthai spouse on the basis of a qualifying local salary.

Your single biggest headache will probably be obtaining from the building owner where your business address will be based the documentation needed to obtain tax registration. This step - which should be simple - often takes longer than the incorporation process - thereby preventing you from obtaining tax registration -which then blocks your ability to open a company bank account, or employ staff. So - get started on this step at the same time your initiate incorporation.

Good luck!

Steve Sykes

Managing Director

Indo-Siam Group

Bangkok

[email protected]

www.thaistartup.com

[Sunbelt Asia]

Your single biggest headache will probably be obtaining from the building owner where your business address will be based the documentation needed to obtain tax registration. This step - which should be simple - often takes longer than the incorporation process - thereby preventing you from obtaining tax registration -which then blocks your ability to open a company bank account, or employ staff. So - get started on this step at the same time your initiate incorporation.

Agreed Steve. Thats why we recently have found a solution for small business owners that have no need to maintain a physical office as they travel to see clients or involved in a business like exporting. Before, a virtual office with a business address and company name on the register was sufficient to acquire a work permit.

However recently the Labor Department has disallowed a virtual office for a work permit. The Labor Department now wants to see a physical workspace in order to grant a work permit for the foreigner as well as the name of the company on the door. Hence as a total solution provider, we have solve this dilemma for small start up companies who are looking to save costs of a traditional office which typically will cost around 15,000- 40,000 Baht per month.

We are now introducing the Executive Desk which is a total solution in the sense that it is fully fitted, furnished and ready for immediate occupancy. We as the Business Center operator bear the responsibility for the day by day running of the office. In addition to the basic maintenance we provide a range of valuable business services including reception and telephone answering services, secretarial support, conference and meeting facilities, and high speed Internet access.

The advantages are flexible lease terms, Quick and Affordable access to fully furnished offices, well-appointed conference rooms, attractive reception area and a professional support staff is just some of the major benefits. The day to day burden that is typically associated with running a traditional office are moved to us, our job is to maintain a professional work environment and provide a Executive Desk for your work permit.

The Executive Desk costs savings represent another key factor that makes our Business Center at the Sukhumvit Suites an ideal choice. You will find that you will require less square meters verse a traditional office once you consider that in an Executive Desk configuration the reception areas, meeting rooms and kitchen facilities can be excluded since they are provided by us as the Business Center operator. Think about it this way, you pay for what you use.

We have a promotional special now with the normal charge being 5,000 Baht per month. The rent per Executive Desk is just 3,900 Baht for one month

Executive Desk provides innovative solutions for both small and large businesses, frequent travelers, branch offices, start up companies, or entrepreneurs. Anyone who needs a flexible lease – The Executive Desk provide the answer

We provide the following features

A Co-share office with utilities and janitorial provided

Reception area with receptionist

Conference room

Telephone answering

Incoming and outgoing mail handling

Coffee and food service on-site.

Free High Speed Internet

Prestigious address on Sukhumvit Road.

Paperwork for you to obtain your Vat certificate. We know the process so no need to wait 2-3 weeks for it to be process. We give the necessary paperwork to you when you lease your Executive Desk the same day!

For a nominal charge, additional services may also be offer:

Secretarial / word processing services

Computer related services and equipment

Administrative and accounting services

Postal meter and scales, UPS / FedEx

Photocopy equipment

Fax / Telex sending and receiving

Direct Telephone

Translation Services

Car and Driver

The Executive Desk will be available starting November 15th. We look forward to seeing you there. Please contact us at 02-642-0213 for more information.

If you need just a virtual office, the fee is 2,500 per month with a one time fee of 2,000 Baht for registration.

http://www.lawyer.th.com/virtual-office.asp

[jjp]

You need register only 1,000,000 baht capitalization - this is enough to sponsor a work permit for a foreigner married to a Thai. 

Indo Siam and Sunbelt Asia

Can a falang owned condo be used as the capitalization to start a buisness or does it have to be cash.

I am also married to a Thai and have a Thai spouse '0' visa.

The reason why i am asking i have started exporting bits and bobs and it seems to be taking off. The next step would be to open a company but i dont have the 1,000,000 in cash as required.

I wouldn't have a problem putting the name of the company above the door and would also be able to create a physical workplace.

Thanks for your time

JJP

[Sunbelt Asia]

Can a falang owned condo be used as the capitalization to start a buisness or does it have to be cash.

It can be the capitalization if you transfer it to the corporation. On the other hand no one will look at your bank account unless you form a limited partnership. You can pay cash (250,000 Baht) and the rest can be equipment, inventory, condo or even a directors loan.

I wouldn't have a problem putting the name of the company above the door and would also be able to create a physical workplace.

Many obstacles have to be overcome...

The Condo association by-laws in most cases disallows businesses to be located in the building as their is increase wear and tear on the facilities with the additional traffic.

The next obstacle lies in the Labor Department in viewing the pictures of your office. If they are convinced it is your office and not just a apartment.

The second problem is if the Labor Dept visits your office and the person answering the door is in pajamas.

If you apply for an extension of stay based on business. Then you must have 4 Thai employees working as well. Immigration will want to see a work space for them.

www.lawyer.th.com

[jjp]

Sun belt

It can be the capitalization if you transfer it to the corporation. On the other hand no one will look at your bank account unless you form a limited partnership. You can pay cash (250,000 Baht) and the rest can be equipment, inventory, condo or even a directors loan.

What the differences with a limited patnership and the other patnerships i could open a business?

I wouldn't have a problem putting the name of the company above the door and would also be able to create a physical workplace.

Many obstacles have to be overcome...

The Condo association by-laws in most cases disallows businesses to be located in the building as their is increase wear and tear on the facilities with the additional traffic.

In my condo there are lots of little businesses oparating this way and they dont have any problems. I have spoken to a women on the condo commitee and she seems to think no problem as other Thai/ Falangs do it.

The next obstacle lies in the Labor Department in viewing the pictures of your office. If they are convinced it is your office and not just a apartment.

Point taken but i am sure if you create a work area this will not be a problem, would it? Can i not conbine the two?

If you apply for an extension of stay based on business. Then you must have 4 Thai employees working as well. Immigration will want to see a work space for them.

Ouote Indo Siam

You may obtain that work permit without having any Thai employees

www.lawyer.th.com

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[rishi]

Thank you

I've found some useful information 'round here. Sorry, for interrupting the condo discussion, but everybody is free to make his own OP if need more details on that kind of situation.

First a reply to Info-Siam:

You do not mention whether your business will have any Thai employees.

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.

Preferably no Thai employees right away (except my wife), but hopefully the business will grow to an extent that employees become a must.

At some point, incorporate your company - thsii should take no more than three weeks, total.

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.

Could that point be before applying for the extension of stay - e.g. tomorrow? - Part of the optimization would be to remit into Thailand as small money as possible. Meaning that the perfect situation would be that I've got the 1-year extension stamp - so that I am free to start spending the 400.000 B - before required to pay the 25% capital.

Your single biggest headache will probably be obtaining from the building owner where your business address will be based the documentation needed to obtain tax registration.

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.

I think, that maybe I'm one of the few, lucky exceptions. My wife already runs a business at the intended company-address. We have a copy of the landlords "something", that sofar has satisfied every official who've considered various business-licences. Is the "landlord-documention", we need, the same as required for various shop-licenses or do we need more from the landlord?

--------------------

Thanks for the offer Sunbelt, but I think I'll prefer my office at my actual business place.

JJP; Regarding Thai-employees, I won't try to interpret the lawyers, but I think, you're sort of mixing up two different situations - at least if words are to be taken literally:

Sunbelt writes: "If you apply for an extension of stay based on business. Then you must have 4 Thai employees..."

Indo Siams: "You may obtain that work permit without having any Thai employees", was written in a totally different context.

[Sunbelt Asia]

What the differences with a limited patnership and the other patnerships i could open a business?

Limited Partnership is in my opinion. A very bad formation for a foreigner.

He cannot be the Managing Director. He cannot be involve in the day to day to day managing of the business without having the same unlimited liability as the Managing Director. He cannot be on the bank account. Any day he can be told " his services are no longer needed. He has no control.

Also applying for a work permit, the registered capital is 100% cash and must be showed unlike a limited company.

. My wife already runs a business at the intended company-address. We have a copy of the landlords "something", that sofar has satisfied every official who've considered various business-licences.  Is the "landlord-documention", we need, the same as required for various shop-licenses or do we need more from the landlord?

The Vat required documents are the household registration of the landlord and of the building, personal ID of the landlord and letter of consent among other critera.

In my condo there are lots of little businesses oparating this way and they dont have any problems. I have spoken to a women on the condo commitee and she seems to think no problem as other Thai/ Falangs do it.

As stated, some condos allow and some don't. Just depends on each condo.

Point taken but i am sure if you create a work area this will not be a problem, would it? Can i not conbine the two?

Yes you can but it has to be in the pictures and then it should be kept that way.

Work permit does not require any Thai employees. A extension of stay based on business does. My point was if you plan on applying for a extension of stay based on business, you should keep this in mind.

www.lawyer.th.com

[jjp]

Sorry Rinsi, jumping in on your thread.

Quote Sunbelt Asia

Work permit does not require any Thai employees. A extension of stay based on business does. My point was if you plan on applying for a extension of stay based on business, you should keep this in mind.

Does this mean if i base my extension of stay on my Thai sponse visa (which i am currently doing) do i just add the work permit and then does this mean i dont need any Thai employees to form the business.

Quote sunbelt Asia

Limited Partnership is in my opinion. A very bad formation for a foreigner.

He cannot be the Managing Director. He cannot be involve in the day to day to day managing of the business without having the same unlimited liability as the Managing Director. He cannot be on the bank account. Any day he can be told " his services are no longer needed. He has no control.

Also applying for a work permit, the registered capital is 100% cash and must be showed unlike a limited company.

I take it PLC is the way to go then.

Thanks again

JJP

[Indo-Siam]

Does this mean if i base my extension of stay on my Thai sponse visa (which i am currently doing) do i just add the work permit and then does this mean i dont need any Thai employees to form the business.

This is correct. Get your entry permit extension first - unrelated to other issues. Then - apply for work permit - which will be given for a period matching your extended entry permit.

Using this approach, there is never any consideration of Thai employee headcount.

The by-product of this approach is that you have 400,000 available in Thailand, to sue as a portion of share capital.

Cheers!

Steve Sykes

Managing Director

Indo-Siam Group

[email protected]

www.thaistartup.com

[rishi]

Sorry Rinsi, jumping in on your thread.

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That's okay IJQ. Thanks for all your help. Hope you've got all your questions answered.