Frequently Asked Questions

Brer Rabbit Legal provides a comprehensive range of legal and business services in Thailand, including:

• Corporate Services: Company formations, corporate accounting, contract drafting and review, license acquisitions, visa and work permit services.
• Legal and Compliance Services: Trademark and intellectual property protection, TISI & FDA licensing assistance, ESG consulting, AMLA (Anti-Money Laundering Act) compliance consulting, and investigation management services.
• Industry-Specific Expertise: Specialized support for industries such as cannabis, cosmetics and beauty, import/export, real estate and property development, hospitality and tourism, manufacturing and distribution.
• Support for International Businesses and Startups: Assisting multinational corporations and entrepreneurial startups in establishing and expanding their operations in Thailand.

Yes, foreigners can own businesses in Thailand; however, there are restrictions under the Foreign Business Act (FBA). Certain business activities are reserved for Thai nationals or require a majority Thai ownership. Foreign investors can navigate these restrictions by:

• Setting up a Thai Limited Company: With Thai partners holding at least 51% of shares.
• Obtaining a Foreign Business License (FBL): Allowing majority foreign ownership in specific sectors.
• Board of Investment (BOI) Promotion: Receiving incentives and exemptions, including the possibility of 100% foreign ownership in promoted activities.
• Forming a Representative or Branch Office: For specific purposes without engaging in trade.

Brer Rabbit Legal can guide you through the best structure for your business, ensuring compliance with Thai laws while maximizing your ownership and control.

The company registration process in Thailand typically takes 1 to 2 weeks, depending on the complexity of your business and the completeness of required documentation. The process involves:

• Company Name Reservation: 1-2 days.
• Preparation and Submission of Documents: 2-3 days.
• Registration with the Department of Business Development: 3-5 days.

Brer Rabbit Legal expedites the process by assisting with document preparation, liaising with authorities, and ensuring all legal requirements are met promptly.

Key requirements for forming a company in Thailand include:

• Minimum of Three Shareholders: Can be individuals or entities.
• Registered Capital: Generally, a minimum of THB 2 million (approximately USD 60,000) for companies employing foreigners.
• Appointing Directors: At least one director is required.
• Registered Office Address: A physical location in Thailand.
• Compliance with the FBA: Depending on the business activity and foreign ownership percentage.

Brer Rabbit Legal assists with meeting these requirements, advising on the optimal structure for your business needs.

In many cases, particularly for businesses restricted under the Foreign Business Act, you may need Thai partners who hold at least 51% of the company’s shares. However, there are exceptions:

• BOI-Promoted Companies: May allow 100% foreign ownership in certain industries.
• US-Thai Treaty of Amity: Allows American citizens to own majority shares in certain businesses.
• Foreign Business License: Can permit majority foreign ownership in specific sectors.

Brer Rabbit Legal can advise on the best approach based on your business activities and nationality.

Yes, we offer Corporate Accounting services, including:

• Bookkeeping and Financial Reporting: Maintaining accurate financial records in compliance with Thai accounting standards.
• Tax Planning and Compliance: Advising on tax-efficient strategies and handling filings for corporate income tax, VAT, and withholding taxes.
• Payroll Services: Managing employee salaries, benefits, and statutory contributions.
• Audit Coordination: Facilitating annual audits required by law.

Our team ensures your business meets all regulatory financial obligations while optimizing for tax efficiency.

We provide professional Contract Drafting and Review services to:

• Draft Clear and Enforceable Contracts: Including partnership agreements, employment contracts, sales agreements, leases, and more.
• Review Legal Documents: Identifying potential risks, ambiguities, and ensuring compliance with Thai law.
• Negotiate Terms: Assisting in negotiations to protect your interests and achieve favorable terms.
• Customize Agreements: Tailoring contracts to your specific business needs and industry standards.

Our legal experts ensure your agreements safeguard your interests and minimize legal risks.

The required licenses depend on your business activity. Common licenses include:

• Business Operation Licenses: General licenses for conducting business.
• Industry-Specific Licenses: Such as manufacturing licenses, food and beverage licenses, educational institution licenses, etc.
• TISI & FDA Licenses: For products requiring Thai Industrial Standards Institute or Food and Drug Administration approval.

Brer Rabbit Legal assists with identifying required licenses, preparing applications, and liaising with regulatory authorities to secure approvals efficiently.

Foreigners must obtain both a Non-Immigrant Visa and a Work Permit to legally work in Thailand:

• Non-Immigrant B Visa: For business purposes; obtained from a Thai embassy or consulate outside Thailand.
• Work Permit: Applied for after entering Thailand on a Non-Immigrant B Visa.

Requirements include:

• Employment by a Thai Company: The employer must meet certain criteria, such as registered capital and ratio of Thai to foreign employees.
• Educational and Professional Qualifications: Proof of relevant experience and qualifications.

Brer Rabbit Legal handles the entire process, ensuring compliance and reducing the complexity of obtaining visas and work permits.

Absolutely. Our Trademark and Intellectual Property services include:

• Trademark Searches and Registration: Ensuring your brand name and logos are unique and registering them with the Department of Intellectual Property.
• Patent and Design Protection: Assisting with filing patents for inventions and industrial designs.
• Copyright Registration: Protecting literary, artistic, and musical works.
• IP Enforcement: Monitoring for infringements and taking legal action against unauthorized use.
• IP Strategy Development: Maximizing the value of your intellectual property assets.

We help safeguard your innovations and brand identity in Thailand’s competitive market.

We provide expert guidance in obtaining necessary certifications and licenses from the Thai Industrial Standards Institute (TISI) and the Food and Drug Administration (FDA), including:

• Regulatory Assessment: Determining applicable standards and regulations for your products.
• Documentation Preparation: Assisting with compiling required technical documents and test reports.
• Application Submission: Handling the submission process and liaising with authorities.
• Compliance Advisory: Advising on labeling, packaging, and ongoing compliance requirements.

Our support ensures your products meet all legal standards for market entry in Thailand.

ESG Consulting involves advising businesses on Environmental, Social, and Governance practices. Benefits include:

• Sustainability Integration: Implementing eco-friendly operations and reducing environmental impact.
• Social Responsibility: Enhancing labor practices, community engagement, and customer relations.
• Governance Improvement: Strengthening corporate governance, transparency, and ethical conduct.
• Regulatory Compliance: Meeting local and international regulations and standards.
• Investor Attraction: Appealing to investors who prioritize ESG criteria.

Brer Rabbit Legal helps you develop and implement ESG strategies that enhance your corporate reputation and long-term success.

AMLA Consulting ensures your business adheres to the Anti-Money Laundering Act by:

• Risk Assessment: Identifying potential vulnerabilities in your operations.
• Policy Development: Creating comprehensive AML policies and procedures.
• Staff Training: Educating employees on compliance obligations and detection of suspicious activities.
• Monitoring and Reporting: Establishing systems for transaction monitoring and reporting to authorities.
• Regulatory Liaison: Assisting with communications and inquiries from regulatory bodies.

Our services help mitigate legal risks, protect your business integrity, and ensure compliance with Thai regulations.

Investigation Management Services involve:

• Coordinating Investigations: Working with top private investigation teams to address fraud, misconduct, or other threats.
• Background Checks: Conducting due diligence on employees, partners, or suppliers.
• Asset Tracing: Locating misappropriated funds or assets.
• Digital Forensics: Investigating cyber incidents and data breaches.
• Confidentiality Assurance: Protecting your privacy and reputation throughout the process.

Brer Rabbit Legal manages these investigations with professionalism and discretion, safeguarding your business interests and providing actionable insights.

Yes, we specialize in assisting International Businesses and Multinational Corporations with:

• Market Entry Strategy: Advising on the best legal structures and investment opportunities.
• Company Formation: Handling incorporation processes and regulatory compliance.
• Legal and Tax Advisory: Providing ongoing support in corporate governance, taxation, and labor laws.
• Visa and Work Permits: Facilitating relocation of expatriate staff.
• Intellectual Property Protection: Safeguarding your brand and innovations.

Our expertise ensures a smooth transition into the Thai market, maximizing your chances of success.

We empower Entrepreneurial Startups and SMEs by offering:

• Business Formation and Structuring: Assisting with company registration and governance.
• Legal Advisory: Guiding compliance with regulations and industry standards.
• Contract Services: Drafting and reviewing agreements essential for operations.
• IP Protection: Registering trademarks and patents to protect innovations.
• Funding Support: Assisting with investment agreements and fundraising legalities.

Our startup-friendly approach provides practical solutions tailored to your needs and budget.

Yes, we offer comprehensive Real Estate and Property Development services, including:

• Legal Due Diligence: Conducting title searches and verifying property ownership.
• Contract Drafting and Review: Preparing sales, lease, and development agreements.
• Regulatory Compliance: Advising on zoning laws, land use regulations, and environmental considerations.
• Negotiations: Assisting in negotiations to secure favorable terms.

We ensure your real estate transactions are legally sound and aligned with your investment goals.

We have expertise in various industries, including:

• Cannabis Industry
• Cosmetics and Beauty
• Import/Export and International Trade
• Real Estate and Property Development
• Hospitality and Tourism
• Manufacturing and Distribution
• International Businesses
• Entrepreneurial Startups and SMEs

Our industry-specific knowledge allows us to provide tailored legal solutions that address unique challenges and regulatory requirements.

To protect your intellectual property (IP) in Thailand:

• Register Trademarks: Protect brand names, logos, and slogans.
• File Patents: Safeguard inventions and industrial designs.
• Register Copyrights: Protect literary, artistic, and musical works.
• Enforce IP Rights: Monitor for infringements and take legal action when necessary.

Brer Rabbit Legal assists with all aspects of IP protection, from registration to enforcement, ensuring your intellectual assets are secure.

The process involves:

1. Non-Immigrant B Visa: Obtain this visa from a Thai embassy or consulate.
2. Employment Offer: Have a job offer from a Thai employer who meets specific criteria.
3. Work Permit Application: Submit required documents to the Ministry of Labour.
4. Approval and Issuance: Once approved, receive your work permit, allowing legal employment.

Brer Rabbit Legal streamlines this process by preparing applications, advising on requirements, and liaising with authorities.

The Foreign Business Act (FBA) governs foreign business activities in Thailand. It:

• Restricts Foreign Ownership: Limits foreign participation in certain sectors.
• Categorizes Businesses: Divides activities into lists with varying degrees of restriction.
• Requires Licenses: Foreigners may need a Foreign Business License to operate in restricted sectors.

Brer Rabbit Legal helps you understand the FBA, identifies possible exemptions, and assists in obtaining necessary licenses.

Yes, we offer:

• TISI Licensing: Assisting with certification from the Thai Industrial Standards Institute for products requiring compliance with national standards.
• FDA Licensing: Guiding you through the Food and Drug Administration’s approval process for food, cosmetics, medical devices, and pharmaceuticals.

Our expertise ensures your products meet all regulatory requirements for sale in Thailand.

We assist by:

• Developing AML Policies: Creating procedures aligned with the Anti-Money Laundering Act.
• Risk Assessments: Identifying and mitigating potential money laundering risks.
• Training Programs: Educating staff on AML obligations and detection.
• Monitoring Systems: Implementing processes for transaction monitoring and reporting.

Our services help protect your business from financial crimes and regulatory penalties.

The steps include:

1. Trademark Search: Ensure the mark is unique and not already registered.
2. Application Preparation: Compile required documents and specimens.
3. Submission to the Department of Intellectual Property: File the application.
4. Examination: The department reviews for compliance and potential conflicts.
5. Publication: The mark is published for opposition.
6. Registration: If unopposed, the trademark is registered.

Brer Rabbit Legal manages this process, increasing the likelihood of a successful registration.

Yes, our ESG Consulting services help businesses:

• Integrate Sustainable Practices: Incorporate environmental and social considerations into operations.
• Improve Governance: Enhance corporate governance structures and policies.
• Meet Regulatory Standards: Comply with local and international ESG regulations.
• Attract Investment: Appeal to investors focused on sustainability and ethical practices.

We provide tailored strategies to enhance your company’s ESG performance and reputation.

Getting started is simple:

• Contact Us: Reach out via phone, email, or our website’s contact form.
• Schedule a Consultation: We’ll arrange a meeting to discuss your needs and how we can assist.
• Personalized Proposal: Receive a tailored proposal outlining our recommended services and fees.
• Engage Our Services: We’ll begin working closely with you to achieve your business goals.

Our team is ready to support you every step of the way.

• Company Name Reservation: 1-2 days.
• Preparation of Documents: 2-3 days.
• Company Registration: 3-5 days.
• Tax Registration and VAT: 1-2 days.
• Opening Bank Accounts: 1-2 days.

Overall, it usually takes 1 to 2 weeks to fully set up a business, depending on the complexity and readiness of documentation. Brer Rabbit Legal works efficiently to expedite this timeline.

Yes, we provide guidance on Citizenship by Investment programs, particularly for:

• St. Lucia
• Dominica
• Malta

Our services include:

• Eligibility Assessment: Determining your qualification for the programs.
• Application Assistance: Preparing and submitting required documentation.
• Liaison with Authorities: Communicating with relevant government agencies.
• Legal Advisory: Ensuring compliance with all legal requirements.

We help you navigate the process smoothly, securing citizenship that offers global mobility and other benefits.

Absolutely. We assist with:

• Data Protection Compliance: Advising on the Personal Data Protection Act (PDPA) requirements.
• E-Commerce Regulations: Ensuring your online business complies with Thai laws.
• Technology Contracts: Drafting and reviewing software licensing, development agreements, and service contracts.
• Intellectual Property in Tech: Protecting software, algorithms, and digital content.

Our expertise supports tech startups and established companies in navigating legal challenges in the digital space.

• Comprehensive Solutions: Offering a full suite of legal and business services under one roof.
• Expertise: Experienced professionals with in-depth knowledge of Thai laws and international practices.
• Customized Approach: Tailoring services to meet your specific needs and objectives.
• Efficiency: Streamlining processes to save you time and resources.
• Client-Centric: Committed to your success, providing responsive and personalized support.

Partnering with Brer Rabbit Legal ensures you receive expert guidance to navigate Thailand’s legal landscape confidently.