Corporate and Commercial Law

COMPANY INCORPORATION

Our lawyers and legal advisers are fully trained to provide legal support and understand the complexities of the different sectors and the compliance with Thai law.

With a deep understanding of the Thai Company regulatory framework (Civil and Commercial Code) and other local legal systems, Oriental Business Group provides to our clients a comprehensive assistance in designing and incorporating:

  • Limited Company
  • Representative office
  • US and Japan Treaty of Amity
  • Branch Office
  • Regional Office
  • Regional Headquarters
  • Partnership

Due to its flexibility, the Limited Company is the most attractive form of business entity among foreigners with projects and businesses in Thailand. Private limited companies require at least three shareholders and there are certain limitations for foreign shareholders.

Our lawyers will assist you to reserve the company name, file a memorandum of association, place statutory meeting, company registration, Social Insurance and VAT Registration. In other words, we provide full legal assistance to set up a company in Thailand as well as helping our clients to obtain the proper Licenses, Thai work permit and Thai Visas.

FOREIGN BUSINESS LICENSE

Foreign investors need legal assistance to deal with certain restrictions when doing business in Thailand. Thailand Foreign Business Act B.E. 2542 points out 3 types of business activities and limitations to engage in some business activities and sectors.

Generally speaking, a company with majority of foreign shareholders needs to apply for the Foreign Business License (FBL) if it engages in a restricted business. Our foreign clients need to obtain a "Foreign Business License before starting their business operations.

The criteria to obtain the FBL will be based on advantages and disadvantages to the nation's safety, economic and social development or security. We will prepare the application and the supporting documents on your behalf, and we will liaise with the relevant departments and officers of the Ministry of Commerce and the Department of Business Development.

Oriental Business Group lawyers provide step by step professional legal assistance throughout the application process and guidance to obtain the Foreign Business License.

LICENSES, CONTRACTS AND AGREEMENTS

From basic prenuptial or labor agreements to highly complex cross border contracts to support the business of Software, Fintech, Civil Construction, Manufacturers or Energy corporations, our lawyers have a notable experience structuring commercial contracts, entering and leading multilateral international negotiations, enforcing agreements and preparing comprehensive legal opinions to support the business of our clients.

Not only from the legal point of view but also from the commercial point of view, Oriental Business Group lawyers are trained to protect, defend and secure the interests of our clients in all commercial and non-commercial transactions via contracts on agreements such as:

  • Joint venture
  • Sales and purchase
  • Construction
  • Employment
  • Lease
  • Software
  • Loan
  • Transfer of technology
  • Franchise and distributorship
  • Prenuptial

Regarding Licenses, we help our clients to comply with Thai Law and obtain the appropriate business license with the correspondent local government department based on the industry and geographical location. We have experience obtaining the following licenses behalf our clients: Construction License, Factory License, FDA License, Hotel License, Import/Export License, Recruitment License and School License among many others.

TAX LAW

Oriental Business Group lawyers are able to design innovative tax planning not only in Thailand but in a multijurisdictional scale due to our legal practice in other countries.

We have been involved in different Thailand Tax issues relating to foreign investment, excise tax, double taxation treaties, offshore tax structuring of business transactions, ASEAN and third parties free trade agreements.

Thailand and ASEAN Tax Law are complex fields, therefore our lawyers will design tailor tax solutions fitting with the business plans and strategies of our clients.

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