OCTIS vs Thai company, BOI or Foreign Business Licence for foreign founders
Three routes to own a business in Thailand, and what each asks for.
Last checked · 4 sources
Otty's short answer
Foreigners are generally limited to 49% of a company in restricted activities. To go higher you need BOI promotion, a Foreign Business Licence, or the Treaty of Amity for US owners. BOI is the most useful route when your activity qualifies, because it adds tax and visa benefits. An FBL gives ownership only and is discretionary. Use a 49% Thai company only with a real Thai partner.
Side by side
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| What matters | OCTISHong Kong company + OCTIS global plan | Thai company (49% foreign) | BOI-promoted company | Foreign Business Licence |
|---|---|---|---|---|
| Foreign ownership | 100% foreign ownership of a Hong Kong company | Up to 49% (restricted activities) | Up to 100% if approved | Majority or 100% if licensed |
| Approving body | Hong Kong Companies Registry | DBD registration only | Board of Investment | DBD, discretionary |
| Minimum capital | No minimum capital | ฿2 million if foreign-majority | Varies by activity | ฿3 million or 25% of 3-year costs |
| Eligible activities | Not needed for the Hong Kong company; local rules apply if you trade there | Any not blocked by the Act | 70+ promoted activities | Restricted activities, case by case |
| Corporate tax holiday | No holiday; 8.25% on the first HK$2 million, 16.5% above | No | Up to 13 years | No |
| Import duty relief | Not needed for the Hong Kong company; local rules apply if you trade there | No | Yes, machinery and raw materials | No |
| Visa and work permit help | Not needed for the Hong Kong company; local rules apply if you trade there | Standard rules | Streamlined, One-Stop Service | Standard rules |
| Land ownership | Not needed for the Hong Kong company; local rules apply if you trade there | Not published | Yes, for promoted activity | Not published |
| Government application fee | Government fees included; at least 10% below any qualifying quote (Lowest Price Guarantee) | Not published | None to apply | Not published |
| Needs Thai partner | No Thai partner for the Hong Kong company; Thai rules apply to Thai operations | Yes, 51% Thai | No, if approved | No, if licensed |
If you have staff, premises or local sales in this country, its own registration and tax rules still apply. OCTIS can help you arrange them.
Data sources & disclaimer: Comparison data was compiled from publicly available sources — including the competitors' own published pricing and feature pages — captured on 9 November 2026. Figures reflect the typical or advertised pricing at that time and may have changed since; plans, inclusions and prices vary by provider, region and promotion. OCTIS is independent and not affiliated with the named companies; all trademarks belong to their respective owners. This comparison is provided in good faith for general information only and is not professional, legal or financial advice — please verify current details with each provider before deciding.
Which one fits you
OCTIS · Hong Kong company + OCTIS global plan
Choose OCTIS if you sell to customers in several countries and want a Hong Kong company, accounts, banking and CRM in one place, run from anywhere.
Thai company (49% foreign)
Choose a Thai company with 49% foreign ownership if you have a trusted Thai partner holding the 51%, your activity is open to foreign majority, or manufacturing and export apply.
BOI-promoted company
Choose BOI promotion if your activity is on the promoted list, such as technology, digital or advanced manufacturing, and you want full ownership with tax, duty and visa benefits.
Foreign Business Licence
Choose a Foreign Business Licence if your activity is restricted, BOI does not cover it, and you can show benefit to Thailand and accept a discretionary decision.
What the table does not show
The 49% rule
The Foreign Business Act limits foreign ownership to 49% in restricted activities. Under the Act a company is generally treated as foreign when non-Thai holders own half or more of its shares or control it, so check the test with DBD. Services, wholesale, retail and agency work are common restricted examples, while manufacturing and export are generally not restricted for foreign-majority companies. A foreign-majority company that needs no licence must have ฿2 million of capital, paid in through authorised banks. Never use Thai nominees who hold shares for you. Enforcement against nominee structures is increasing.
BOI promotion
BOI promotion can allow 100% foreign ownership, but only for approved activities, and the ownership right must be written in the approval. Benefits include corporate income tax exemption of up to 13 years depending on the incentive group, import duty relief, land ownership for the promoted activity and streamlined visas through the BOI One-Stop Service. Benefits apply to the approved activity, not the whole company. There is no BOI application fee, and the BOI aims to decide within 40 to 90 working days of a complete application.
Foreign Business Licence and the Treaty of Amity
An FBL is issued by the DBD and is discretionary. The DBD weighs benefits to Thailand, technology transfer and employment. Capital is ฿3 million or 25% of estimated three-year operating expenses, whichever is higher. It gives ownership but none of the tax, land or immigration benefits of BOI. Qualifying US citizens and US-owned companies can use the Treaty of Amity to obtain a Foreign Business Certificate instead, if the company is majority owned and controlled by US interests.
Where OCTIS fits
OCTIS does not incorporate Thai companies or file Thai tax. If your Malaysian or Hong Kong company is weighing a Thai subsidiary, OCTIS keeps the home company's books and brings the subsidiary's statements into your group view. It also helps you compare the cost of selling into Thailand from home. For your home accounting bill, OCTIS offers 10–30% off your current bill.
Frequently asked questions
Can a foreigner own 100% of a company in Thailand?
Yes, through BOI promotion, a Foreign Business Licence, or the Treaty of Amity for US owners. Without one of these, foreign ownership is generally limited to 49% in restricted activities.
What is the minimum capital for a foreign-owned company?
฿2 million for a foreign-majority company that needs no licence. For an FBL it is ฿3 million or 25% of estimated three-year expenses. Sources disagree on work permit capital rules, so check with DBD or BOI.
How long does BOI approval take?
The BOI aims for 40 to 90 working days from a complete application. Practitioner guides say three to six months in practice with a lawyer, longer if you apply alone. There is no BOI government application fee.
Do I need Thai employees?
Usually yes. Sources cite four Thai employees per work permit. BOI promotion can relax this ratio for promoted activities. Confirm the current ratio with the Labour Department, because sources vary.
Is a nominee shareholder safe?
No. Nominee structures that give Thais only a paper share are targeted by enforcement. If you want majority control, use BOI, an FBL or a lawful structure with a real Thai partner.
Sources
Checked on the date above. Links open the provider's or regulator's own page.