Foreign Business Act BE 2542 – How to hold share capital 100%

Types of Business Restricted by Foreign Business Act BE 2542 (1999)

Annex 1
Business in which aliens are not allowed to operate for special reasons

1) Newspaper publication, radio or television station
2) Rice farming, farming or gardening
3) Livestock farming
4) Forestry and wood processing from natural forests
5) Fishery, but only the catching of aquatic animals in Thai territorial waters and in the Exclusive Economic Zone of Thailand.
6) Extraction of Thai herbs
7) Trading and auction of Thai antiques or object of national historical value
8) Manufacturing or casting of Buddha images and manufacturing of alms bowls
9) Trading in land

Annex 2
Business involving national safety or security or affecting the arts, culture, folk customs, traditional handicrafts or natural resources and the environment
Chapter 1 Business involving national safety or security

1) Manufacturing, sale and maintenance of:
a) Firearms, ammunition, gunpowder and explosives,
b) Components of firearms, ammunition and explosives,
c) Armaments, military ships, aircraft or vehicles,
d) Accessories or components of war equipment generally
2) Domestic land, water or air transport, including domestic aviation business

Chapter 2 Business affecting the arts, culture, folk customs and traditional handicrafts

1) Trading in antiques or objects of art, being Thai works of art or handicrafts
2) Manufacturing of wood carvings
3) Silkworm raising, manufacturing of Thai silk threads, Thai silk weaving or Thai silk pattern printing
4) Manufacturing of Thai musical instruments
5) Manufacturing of products from gold, silver, niello, bronze or lacquerware
6) Manufacturing of crockery or earthenware which are Thai cultural arts

Chapter 3 Business affecting natural resources or the environment

1) Manufacturing of sugar from sugar cane
2) Salt farming, including efflorescent salt production
3) Rock salt mining
4) Mining, including stone blasting or crushing
5) Wood processing to make furniture and utensils

Annex 3
Business in which Thai nationals are not yet ready to compete with aliens

1) Rice milling and production of flour from rice and field crops
2) Fishery, but only aquaculture
3) Forestry from cultivated forests
4) Manufacturing of plywood, wood veneer, chip – board or hard – board
5) Manufacturing of lime
6) Accounting services
7) Legal services
8) Architectural services
9) Engineering services
10) Construction, except
a) construction of things providing fundamental services to the general public in respect of public utilities or communications requiring special equipment, machinery, technology or expertise, with alien minimum capital of 500 million Baht or more ;
b) other types of construction prescribed in ministerial regulations.
11) Brokerage or agency business, except
a) brokerage or agency in trading securities or services relating to trading in agricultural commodity futures, financial instruments or securities ;
b) brokerage or agency in the purchase and sale or procurement of goods or services necessary for production or the provision of services by an affiliated enterprise ;
c) brokerage or agency in the purchase and sale, purchase, distribution or acquisition of markets, both domestic and foreign, for the distribution of domestically manufactured or imported goods, in the nature of operation of an international business, with alien minimum capital of 100 million Baht or more;
d) other types of brokerages or agency prescribed in ministerial regulations.
12) Auction, except
a) auction in the nature of international bidding other than for antiques, historical objects or objects of arts, being Thai works of art, handicrafts or antiques or objects of national historical value ;
b) other types of auctioneering prescribed in ministerial regulations.
13) Domestic trading in local agricultural products or produce not yet prohibited by law
14) Retail sale of goods of all kinds, with a total minimum capital of less than 100 million Baht or a minimum capital of each store of less than 20 million Baht
15) Wholesale sale of goods of all kinds, with a minimum capital of each store of less than 100 million Baht
16) Advertising business
17) Hotel business, except for hotel management service
18) Tour agency
19) Sale of food or beverages
20) Seed planting, reproduction or improvement business
21) Other service business, except service businesses prescribed in ministerial regulations

You can download here “Foreign (Alien) Business Act. B.E.2542 (1999)”

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