Does holding a directorship/shares in a company mean you need a work permit ?

Holding shares not, but as soon as you get involved with the business decisions or things such as signing documents you will need a WP. A director works for the company so would need a WP.

You cannot have an directorship if you are not employed. If you want to be the director and work for your "own" company (which in most cases cannot be more then 49% if you are a foreigner) there are the same requirements like any other company. So 2 mio baht paid up capital and 4 thai employees. If you are married to a thai then 1 mio baht capital and 2 thai employees.

Edited September 24, 201411 yr by SoFarAndNear

Does Thai law know the the concept of the non-executive director, ie a director who is not employed by the company and does not work in the company, a so-called outside director who attends the meetings of the board of directors and aside from that is not involved in the running of the company in any way?

You cannot have an directorship if you are not employed. If you want to be the director and work for your "own" company (which in most cases cannot be more then 49% if you are a foreigner) there are the same requirements like any other company. So 2 mio baht paid up capital and 4 thai employees. If you are married to a thai then 1 mio baht capital and 2 thai employees.

The part of your post that says the capital must be fully paid up is wrong (and off topic in this thread).

Maestro, I believe so but I'm not a lawyer. Which means i believe that sofar and mario are close to the mark but not on the money.

From my experience with numerous Thai businesses there is no restriction stating a foreign director must have a work permit. Indeed I have been in that position myself.

But acting on your directorship which includes even signing any document 100% needs the work permit. Everyone in agreement on that.

The one exception is if the foreign director is out of the country, which means they can use their director rights without wp since they are not working in Thailand. But some situations require individuals in the country too.

Directors are not employees of the company by default, and therefore do not require a Work permit to carry out their duties. However if you are a director involved in the operational activities and / or drawing payments like a regular employee you will need a permit.

Directors who are signing documentation for submission to third parties will require a permit in order to fulfill the eligibility requirements for individuals that the company may conduct business with. And this is simply for ensuring suitable identification and bridging of corporate entity into the person entity based systems that the world operates on.

So signing up for a phone line, that is an operational activity in the part that requires the submission of a form or request for the service and therefore a permit is required, it is operational.

Directors in the sphere of duty in most cases from inception to resolution have no need for a permit. Any activity that falls outside the legislated duties and duties to the shareholders of course needs a permit. That line is pretty clear or at least should be crystal clear to directors.

Lastly, a Non Immigration B visa in most cases will cover a director for meetings, dependent on how you are payed for your services. Regular salary like payment and regular duties will not fly without a permit, and calling meetings every month or week to try and explain it as meeting fees will not get you far.

Also with regards to concept of Non Executive Director, this designation and title as far as I know only holds definition and relevance in Public Listed companies. Therefore a director for a private company that does not act in the execution of the boards resolutions can be referred to as a Non executive Director only for the purposes of labeling the nature of their activity.

It maybe a nothing term from one angle, but from explaining your not working for the company, just directing, go ahead use it, the meaning is understood have at it.

It is really early and I apologize if I am unclear or otherwise painful to read.

Thanks guys for some great responses - much appreciated. I am now in the process of making our preparations for our move to Thailand next month ('our' = me, Thai wife and our kids). We already have a company set up with the wife as MD and me as a director. One thing I need to sort is my visa (hence my original question). From your responses it looks like I have 3 choices ->

1. Non-Immigrant O

Just come in on this initially and let the wife sign for everything so I won't be doing any work for the company. Then as and when I need to become active in the company apply for a Type B and WP.

2. Non-Immigrant B

Accept that I will be working for the company and apply for a type B visa and Work Permit.

In this case what documents will I need to provide ?

3. Just use usual 30d tourist visa initially and sort out visa (and WP if necessary) when I am over there.

Since you are married to a Thai you can get a work permit and work with a non-o visa or an extension of stay based upon marriage.

You should get a non-o visa before making your trip. If you can qualify for an extension by showing 400k baht or 40k baht income you should just get a single entry and apply for the extension. If not then a multiple entry non-o would be best.

Thanks guys for some great responses - much appreciated. I am now in the process of making our preparations for our move to Thailand next month ('our' = me, Thai wife and our kids). We already have a company set up with the wife as MD and me as a director. One thing I need to sort is my visa (hence my original question). From your responses it looks like I have 3 choices ->

1. Non-Immigrant O

Just come in on this initially and let the wife sign for everything so I won't be doing any work for the company. Then as and when I need to become active in the company apply for a Type B and WP.

2. Non-Immigrant B

Accept that I will be working for the company and apply for a type B visa and Work Permit.

In this case what documents will I need to provide ?

3. Just use usual 30d tourist visa initially and sort out visa (and WP if necessary) when I am over there.

Doesnt the company needs to have at least 2 employee to get the WP?

UbonJoe - could you clarify a couple of points please.

1. I am likely to be popping in and out of Thailand quite a bit for the next 6-12 months, so I assume the multi-entry is best ?

2. On the visa form it asks duration of proposed stay and I have no idea. As above, I am likely to be popping out for some visits but my aim is to settle in Thailand permanently, so what duration do I enter on the form ?

Edited September 25, 201411 yr by jimflan

I would write something like "5-10 weeks per trip". Nobody will check on it later.

Guys - picked up my visa yesterday (multi-visit O). The girl in Thai embassy in Singapore was fantastic - very helpful and knowledgeable (she even recognized me and family from seeing us eat at Thai places in Singapore).

Thanks for your help and advice guys - much appreciated.

Guys - picked up my visa yesterday (multi-visit O). The girl in Thai embassy in Singapore was fantastic - very helpful and knowledgeable (she even recognized me and family from seeing us eat at Thai places in Singapore).

Thanks for your help and advice guys - much appreciated.

Wow dude someone that says thanks and gives their experience / outcome. Wish this forum members did this more often than not. Anyways best of luck with it all.

Pants the Great Wall

Since you are married to a Thai you can get a work permit and work with a non-o visa or an extension of stay based upon marriage.

You should get a non-o visa before making your trip. If you can qualify for an extension by showing 400k baht or 40k baht income you should just get a single entry and apply for the extension. If not then a multiple entry non-o would be best.

Joe, I am planning on getting a non-o visa before making my trip then applying for an extension based on 400k baht. I have a thai bank account that I opened on a previous trip and will transfer that sum in advance as I believe it needs to be in the account for 2 months. My question is should I arrive on a single entry non-o visa will I be able to apply and receive an extension shortly after I arrive?

Since you are married to a Thai you can get a work permit and work with a non-o visa or an extension of stay based upon marriage.

You should get a non-o visa before making your trip. If you can qualify for an extension by showing 400k baht or 40k baht income you should just get a single entry and apply for the extension. If not then a multiple entry non-o would be best.

Joe, I am planning on getting a non-o visa before making my trip then applying for an extension based on 400k baht. I have a thai bank account that I opened on a previous trip and will transfer that sum in advance as I believe it needs to be in the account for 2 months. My question is should I arrive on a single entry non-o visa will I be able to apply and receive an extension shortly after I arrive?

If you have a non-o visa when you enter the country you can apply for the extension of stay during the last 30 days (45 at some offices) of your 90 day entry if you have the money in the bank for 2 months.

I think I will need a multi entry then as I may want to take a trip outside Thailand during the first 60 days. Thanks.

You can get a re-entry permit (1000 baht) for your 90 day entry that will keep it valid. No need for a multiple entry visa.

Since you are married to a Thai you can get a work permit and work with a non-o visa or an extension of stay based upon marriage.

You should get a non-o visa before making your trip. If you can qualify for an extension by showing 400k baht or 40k baht income you should just get a single entry and apply for the extension. If not then a multiple entry non-o would be best.

Presumably, to show 40k baht income, you will need a work permit or is it acceptable, if the income is shown outside of thailand?

For the marriage extension, the income can be earned outside Thailand.

Maestro: thnx for clarifying...

Guys - what's required to open a company/business bank account ?

Guys - what's required to open a company/business bank account ?

To begin with, that you take approx 5 minutes reading any the millions of posts on the matter, mainly in the "business in Thailand" forum

Guys - what's required to open a company/business bank account ?

Filled out application form from the bank.

Minutes of Company EGM in Thai resolving to open a/c who and where, etc.

Full Company Affidavit (including BJ5 Shareholder list and articles of association) less than 1 month old.

Cash (amount varies depending on current/savings).

Copies of your WP, passport, visa if a signatory.

Copies of ID Cards/Tabien Baan fro any Thai Signatories.

Tabien Baan, signed ID of landlord, office rental agreement, etc.

You wont be able to get a debit card, etc with a company account.

Best you can do is internet banking which is normally massively expensive for company accounts.

Good Luck