Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
Last updated on September 5, 2026
A Foreign Business Licence (ใบอนุญาตประกอบธุรกิจของคนต่างด้าว, the FBL, in American spelling foreign business license) is the permission a foreigner or a foreign-majority company needs under the Foreign Business Act B.E. 2542 to carry on a business on List 2 or List 3 of that Act. Its sibling, the Foreign Business Certificate (หนังสือรับรองการประกอบธุรกิจของคนต่างด้าว, the FBC), is issued instead of a licence to companies whose right to trade comes from elsewhere: BOI promotion, an Industrial Estate licence or a treaty such as the Treaty of Amity. The licence is discretionary and slow; the certificate is close to automatic.
Table of Contents
What the Foreign Business Act provides
The licence. For a List 3 business the application goes to the Director-General of the DBD, who decides with the approval of the Foreign Business Committee; for List 2 the Minister of Commerce decides with Cabinet approval. The Act gives 60 days for a decision, extendable once by 60 days. The Committee weighs the benefit to Thailand: employment, technology transfer, exports and whether Thais already supply the service. Section 14 requires at least 3,000,000 baht of capital for each restricted business, and the licence can carry conditions on capital ratios, Thai directors and reporting.
The certificate. Section 11 obliges the Director-General to issue a certificate to a treaty-protected company without delay and within 30 days, and a parallel provision does the same for BOI-promoted companies. No committee review takes place because the right to operate has already been decided by the treaty or the promotion.
Applying for the licence in practice
An FBL application is a business case, not a form. It needs a description of the service, financial projections, the Thai staff to be hired and trained, proof of capital, and the shareholders‘ documents legalised and translated. The application fee is 2,000 baht and the licence fee is scaled to capital, for List 3 between 20,000 and 250,000 baht. Realistic timing is 3 to 6 months from filing, and services that Thais plainly already provide, such as restaurants, retail below the capital threshold or general consulting, are routinely refused.
Most foreign investors therefore use the FBL only for businesses that cannot be promoted by the BOI, such as intra-group support services. The common mistake is to start trading while the application is pending: operating a restricted business without a licence is the offence in Section 37, punishable by up to 3 years’ imprisonment, a fine of 100,000 to 1,000,000 baht, or both, plus 10,000 to 50,000 baht a day.
Licence, certificate and the 49% route compared
| Route | Who decides | Time and result |
|---|---|---|
| Foreign Business Licence (FBL) | Director-General and Foreign Business Committee, or Minister and Cabinet for List 2 | 60 to 120 days by law, longer in practice; discretionary, conditions attached |
| Foreign Business Certificate (FBC) | Director-General on proof of BOI promotion, IEAT licence or treaty | Within 30 days; not discretionary |
| Thai-majority company (49% foreign) | No approval; falls outside the Act | Immediate, but Thai shareholders must be genuine investors |
Keeping foreign shareholding below half avoids the Act altogether, which is lawful only when the Thai partners paid for their shares and exercise their rights. Since DBD Order 2/2569 took effect on 1 August 2026 the registrar traces that money at registration, so the choice is now between a real Thai partner, a licence, or a certificate through the treaty or the BOI.
Frequently asked questions
How long does it take to get a Foreign Business Licence in Thailand?
The Act allows 60 days for the decision, extendable by a further 60 days, but preparing the application usually takes longer than the review. Three to six months from start to licence is realistic. A Foreign Business Certificate for a BOI or treaty company must be issued within 30 days.
What is the difference between a Foreign Business Licence and a Foreign Business Certificate?
A licence is discretionary permission from the Foreign Business Committee to run a restricted business and can be refused. A certificate merely records that the company already has the right to operate because it is BOI-promoted, licensed by the Industrial Estate Authority or protected by a treaty, and it cannot be refused if the conditions are met.
How much capital is needed for a Foreign Business Licence?
At least 3,000,000 baht for each restricted business, under Section 14 of the Foreign Business Act, and at least 2,000,000 baht for a foreign company in a non-restricted business. The Committee may set a higher figure as a condition of the licence, and the capital must actually be brought into Thailand.
See also: Foreign Business Act, BOI, Treaty of Amity, Nominee, the Foreign Business Act guide and BOI, FBL and Treaty of Amity compared.
Thai Law Updates, free by email
Plain-English updates on Thai law changes that affect foreigners: property, visas, marriage, business and wills. One short email a month from a firm practicing since 2006. No spam, unsubscribe anytime.