Despite ‘one person, one company’ law draft, foreigners still can’t own businesses

[theguyfromanotherforum]

I look forward to reciprocal / retaliatory arrangements by foreign countries, especially those who choose to leave the EU and can start afresh with their rules without centralised EU meddling.

I am also hoping that Thai Elite Visa will be free.

[hansnl]

I think you cant as a foreigner own a company as that would mean competition for the Thai's and we all know that Thai's while thy know the word have no idea what it is and hence it scare the c*ap out of them.

Other ASEAN countries like Vietnam have better grasp on the concept but they also have fr better and harder workers as well

You really think these business laws are there to guard the Thai?

Or are they meant to guard the ruling class?

[Tatsujin]

So, let me get this straight ... in order to increase investment and promote Thailand as a place to do business, they are proposing to change the law to allow "one" foreigner to register a business with no partners. But then later they've added that a "foreigner" is excluded from this relaxation of the rules.

So what's the point? Thai's can already start a business on their own without partners. So who's the law targeted at?

[GAZZPA]

Must be because farangs aren't regarded as persons.

Given the typical farang demographic in Thailand, do you actually blame them ?...

Would you let someone who wears dirty shorts, flip flops,Chang wife beater, drinks cheap beer, mumbles under his breath

and contentiously whines about Thailand ownership of a company ?

The BDP have most likely been reading all the Thai bashing comments on TV and thought "well F em then"

The people you are describing are not the likely candidates to create a new business are they.

There are millions of foreigners here, some trading through subsidiaries, some on work permits and some contracted, these are the people who are most likely to consider investment in Thailand.

I myself am here on a work permit and it is difficult to consider setting up a business for trading simply because I either give away control to a local or I do it illegally with nominee shareholders. Right now, I carry on as I am but I have my eye on Vietnam or perhaps Malaysia, although I have customers here it is just isn't an option and I don't believe I am alone in that thinking.

I have a couple of friends who do run their own business here through nominee shareholders, I don't like the idea but one of them has been trading very successfully for over 10 years, so I know people are doing it a lot.

I don't believe that the Thai authorities who are making decisions are using your example as their consideration in policy. I think that is naive of you and it boils down to nothing more then good old xenophobia.

[Tatsujin]

So, let me get this straight ... in order to increase investment and promote Thailand as a place to do business, they are proposing to change the law to allow "one" foreigner to register a business with no partners. But then later they've added that a "foreigner" is excluded from this relaxation of the rules.

So what's the point? Thai's can already start a business on their own without partners. So who's the law targeted at?

[GAZZPA]

So, let me get this straight ... in order to increase investment and promote Thailand as a place to do business, they are proposing to change the law to allow "one" foreigner to register a business with no partners. But then later they've added that a "foreigner" is excluded from this relaxation of the rules.

So what's the point? Thai's can already start a business on their own without partners. So who's the law targeted at?

It's targeted at Thai people who now do not have to have a set quota of shareholders, simple as that.

[Tatsujin]

So, let me get this straight ... in order to increase investment and promote Thailand as a place to do business, they are proposing to change the law to allow "one" foreigner to register a business with no partners. But then later they've added that a "foreigner" is excluded from this relaxation of the rules.

So what's the point? Thai's can already start a business on their own without partners. So who's the law targeted at?

It's targeted at Thai people who now do not have to have a set quota of shareholders, simple as that.

I thought they could already do this in that case, I know quite a few Thai's who are the sole owners of their businesses. So is it then for a specific type of business? Limited company? Something else?

[jacko45k]

Their country, their rules, but see it for what it is, discrimination.

[Dukeleto]

The only way to bring Thai business standards up to an international level is to allow it in so they can up their game to the same standard. Unfortunately this will never happen as they are absolutely terrified of any competition on home soil.

[Nearlynam]

easy, do what the chinese do. change your name. and pay someone to add you to their house registry. Thats how they do it.

I think thais should not be allowed to own their own business outside of thailand. thats fair.

When Thais go to other countries they get citizenship. This is something very few foreigners here do for some bizarre reason as they think they are superior.

[Nearlynam]

best advise you could receive ! let the thai wife do all the talking, works just fine for me and all i have to do is sit in the back ground smiling! its the thai way so blend in if you wish to have a sweet time of your stay here.

No thank you, I'd like to do my own talking. It depends if you basically want to be an illiterate idiot or actually integrate. No wonder they have certain opinions of us when people like you hide behind their wives.

[bbbbooboo]

It's almost like they don't want us here isn't it?

[Kawapete]

Running a branch of a forighn company in Thailand is too complicated and the uncertainty in legal matters are a showstopper for many companies to start operation in Thailand.

Thailand would gain considerably it they:

1: Gave the right to a foreign company to own a branch in Thailand.

2. Gave foreign companies proper legal protection of their Intellectual property rights.

In for example the renewable energy sector Thai university's are doing reverse engineering on forighn technology and as a foreigner your odds in the legal system are easy to overlook.

[hansnl]

It's almost like they don't want us here isn't it?

The ruling class don't want competition from foreigners.

Can't cope with that if on an even footing, besides, they want all the profit.

[Balance]

It will be interesting to watch Myanmar, Cambodia, Vietnam, Lao, and Malaysia do regarding attracting entrepreneurs, capital and expertise to their countries. The bottom line is that as the economy continues to falter Thai SME's are failing and the government really does not have a clue how to stem that slide.

Thailand needs jobs that pay a living wage and that have products, knowledge, and ability for expansion and the creation of more jobs. But the infrastructure to allow for this to happen simply does not exist. Locking out western Entrepreneurs does not help the problem and the country loses the best way to transfer all of those things that Thais have never had an opportunity to learn. Make no mistake; adopting xenophobia as a national business policy comes with a price.

[retarius]

Brits get furious about Muslims wanting to change UK laws to sharia, so why do farangs insist on wanting the Thais to change their laws to accommodate farangs.

Pretty simple really, if you want a pretty hassle free existence in Thailand obey the laws. If you can't live with the laws then either don't come here, or leave if you are already here.

For the record, I have retired and don't want to work or own a business, so I'm here on a "retirement visa" (and yes I know it is not called that legally before some pedant points it out).

I obey the laws and pay what the policeman at the traffic stop asks for. It is hardly onerous and certainly much, much cheaper than in the UK. I am happy that farangs cannot own land because all the land will be bought by large Arabic or US corporations and it will drive the farmers off the land turning Bangkok into Kolkata or Mexico City, a cities surrounded by miles of slums.

I have no sympathy for visa overstayers or people working without a work permit. Throw the bums out say I.

[alanrchase]

Thailand has Thai regulations. No problem. Years ago starting a new job we were welcomed by the boss. He informed us we would be working under the FIFO principle. We looked a bit confused until he expanded it to "fit in or f off".

[phantomfiddler]

I really do not think this is going to have a resounding impact on anything at all, and passing a law whereby a Thai can start a 1-man company seems ludicrous when they can already do whatever they like in this country

[impulse]

It will be interesting to watch Myanmar, Cambodia, Vietnam, Lao, and Malaysia do regarding attracting entrepreneurs, capital and expertise to their countries. The bottom line is that as the economy continues to falter Thai SME's are failing and the government really does not have a clue how to stem that slide.

So far, other than Malaysia, not so hot. Topic: Ease of doing business ranking:

Myanmar: 167th Place

Cambodia: 127th Place

Indonesia: 107th Place

Philippines: 103rd Place

Vietnam: 90th Place

Suddenly, Thailand doesn't look so bad at 49th Place.

Malaysia: 18th Place (Maybe the Muslims know something?)

Singapore: #1 (But who can afford to live in style in Singapore?)

Source: http://www.thaivisa.com/forum/topic/926172-thailand-falls-to-49th-on-world-banks-ease-of-doing-business-ranking

[freebyrd]

Xenophobia continues to rule - Khon Thai Jai Dee.

[seancbk]

If a foreigner can not be a one person owner then it must be for Thai's only but surly they have always been able to be a one man company

Exactly.

Thais have always been able to operate as 'sole proprietor' businesses.

I really don't fully understand what this new system is for.

[adhd]

people, you know the thai national anthem right ?

thailand is for THAI only

unless something changes ... but people are already generations too deep into this kind of brainwashing

how long have many farang been comming to thailand? a few decades ?

how long was it ago that most thai were slave owned ? and a lot are still, trapped in poverty, no-education, outdated farmer practises ...

rich people like to keep poor people poor & stupid

the way is was 200 years ago in europe

it's ok, some religion still live now as it was the year 800

it would have been nice to be owner of your own business / land / house

and not being ripped off completly after a divorce

life is also very cheap, so if you get a nasty divorce, you could easely end up dead for 5 - 20k

what about all the pattaya high rise jumping club ? always suicide, when farang involved, even with a knife in his back or hands tied to the back and body full of bruises

[legend49]

With all the petty jealousy from the locals and stupid rules why would any farang want to invest in a business here. Try Malaysia ( My second home website they plead for investment with government support). Other countries such as Indonesia and Vietnam have now woken up to farangs assets and now welcome investment. Som nam na Thailand.

[johna]

Must be because farangs aren't regarded as persons.

Given the typical farang demographic in Thailand, do you actually blame them ?...

Would you let someone who wears dirty shorts, flip flops,Chang wife beater, drinks cheap beer, mumbles under his breath

and contentiously whines about Thailand ownership of a company ?

The BDP have most likely been reading all the Thai bashing comments on TV and thought "well F em then"

I guess you are rubbing shoulders with the wrong crowd. Try frequenting more upscale venues.

[Emster23]

"Would you let someone who wears dirty shorts, flip flops,Chang wife beater, drinks cheap beer, mumbles under his breath
and contentiously whines about Thailand ownership of a company ?"

Yes

I guess I am just an old school dinosaur.

I judge a company based on performance: does it provide a good or service of quality at a price I want to pay, does it stand behinds it's product.

Steve Jobs was known for his tee shirts. Just think how so much better Apple could have been had he worn a suit.

[DeeMak9]

If a foreigner can not be a one person owner then it must be for Thai's only but surly they have always been able to be a one man company

Exactly.

Thais have always been able to operate as 'sole proprietor' businesses.

I really don't fully understand what this new system is for.

How? They were indeed allowed to use nominees for the other two shareholders that were needed. This new law provides that that isn't needed anymore.

[impulse]

Exactly.

Thais have always been able to operate as 'sole proprietor' businesses.

I really don't fully understand what this new system is for.

Thais can now form limited liability companies without having partners. In the past, their only options were to have multiple participants- partners or shareholders, or do an unlimited liability sole proprietorship.

The OP may as well have been titled, "In spite of the new year, the sky in Thailand is still blue." But that wouldn't have gotten any clicks.

Edited July 12, 2016 by impulse

[SOTIRIOS]

....they will not give up the option of cleaning us out on a whim.....

....methinks this should come under a human rights issue....

[seancbk]

If a foreigner can not be a one person owner then it must be for Thai's only but surly they have always been able to be a one man company

Exactly.

Thais have always been able to operate as 'sole proprietor' businesses.

I really don't fully understand what this new system is for.

How? They were indeed allowed to use nominees for the other two shareholders that were needed. This new law provides that that isn't needed anymore.

You only need(ed) 2 other shareholders for a limited liability company.

http://duensingkippen.com/thailandbusinesslawblog/?p=41

[seancbk]

Exactly.

Thais have always been able to operate as 'sole proprietor' businesses.

I really don't fully understand what this new system is for.

Thais can now form limited liability companies without having partners. In the past, their only options were to have multiple participants- partners or shareholders, or do an unlimited liability sole proprietorship.

The OP may as well have been titled, "In spite of the new year, the sky in Thailand is still blue." But that wouldn't have gotten any clicks.

OK, that makes a bit more sense.

Thanks.