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BUSINESS GUIDE

How much of a Thai business can you own?

The Foreign Business Act reserves many activities for Thai-majority companies. For those, foreigners may own up to 49%. There are four lawful ways to own more, and one unlawful way that is now being prosecuted.

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Yaowarat Road in Bangkok’s Chinatown, busy with signs and taxis

The three lists

ListCoversForeign majority?
List 1Land trading, farming, media and other protected sectorsNever
List 2Activities touching national security, culture or natural resourcesOnly with Cabinet approval; rare
List 3Most services, including tourism, restaurants, real estate brokerage and many retail activitiesOnly with a Foreign Business Licence, BOI promotion or a treaty

Activities not on any list, such as manufacturing for export, are open to foreign majority ownership.

The lawful routes to majority ownership

  • BOI promotion: promoted activities (technology, manufacturing, some services) can be 100% foreign-owned, with tax holidays. See BOI.
  • Foreign Business Licence: a licence for a List 3 activity, granted case by case, with minimum capital of 3 million THB.
  • US Treaty of Amity: US citizens and US-controlled companies can own a majority in most List 3 activities.
  • Free trade agreements: some agreements give limited rights to companies from certain countries.
An open living room beside a private pool
An open living room beside a private pool

The nominee problem

A genuine Thai partner who invests their own money and shares the risk is lawful. If your structure only works because a partner never invested, have a licensed Thai lawyer restructure it the legal way now.

Putting Thai friends or staff on the share register to reach 51%, with your money behind them, is illegal. The Department of Business Development is investigating tens of thousands of companies in tourism, property, hotels and e-commerce, and new registration checks took effect on 1 January 2026. Penalties include fines, prison and loss of the business.

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This guide is shared with our sister site, Move In Thailand.

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