In brief: foreign investment review procedure in Thailand

Procedure

Jurisdictional thresholds

What jurisdictional thresholds trigger a review or application of the law? Is filing mandatory?

The main factors that subject an entity to the foreign investment restriction are its foreign shareholding and the type of business activities in which it is to be engaged. In terms of the FBA, if foreigners hold at least 50 per cent of the total shares in the company that is to engage in the Foreign Business Act 1999 (FBA)-restricted business activity, this company would be required to obtain the foreign business licence or foreign business certificate before commencing the FBA-restricted business activity in Thailand.

National interest clearance

What is the procedure for obtaining national interest clearance of transactions and other investments? Are there any filing fees? Is filing mandatory?

If a foreigner under the FBA wishes to engage in the business…