Date: August 12, 2026

Can my Thai spouse own the company while I run it?

Possibly, but only if the ownership structure genuinely reflects the reality of the business. A Thai spouse can legally own shares in a company, but using a spouse purely to hold shares on behalf of a foreigner in order to bypass Thailand’s foreign ownership rules may be treated as an nominee arrangement, which is illeagal.

What We See In Practice

We're married, so can't we just register the company in my spouse's name?

WHAT CLIENTS ASK US

Marriage does not create an exception to Thailand’s foreign ownership rules. Many people assume a Thai spouse can simply hold the shares while the foreign spouse manages the business, but the authorities look at who genuinely owns, controls and benefits from the company, not just whose name appears on the shareholder register. A work permit would still be required for the foreign spouse as well.

A Thai spouse can absolutely be a genuine shareholder, director or business partner. However, the ownership must reflect the true commercial arrangement. If the Thai spouse provides the investment, exercises shareholder rights, shares in the profits and accepts the responsibilities of ownership, there is generally no issue. Problems arise where the Thai spouse is only listed as the shareholder while the foreign spouse provides all of the funding, retains the real control and uses the arrangement solely to avoid Thailand’s foreign ownership restrictions.

Depending on the nature of the business, alternatives may include a BOI-promoted company, a Foreign Business Licence, the US-Thai Treaty of Amity (for eligible US investors), or a genuinely structured joint venture. Taking advice before incorporating the company is usually far simpler and less expensive than trying to fix an ownership structure that later comes under scrutiny.

Author: Vincent Birot

Vincent Birot is a French-trained international business lawyer based in Bangkok. He holds a Master’s degree in International Business Law from La Sorbonne and an LL.M in International Commercial Law from the University of Exeter (UK), and has passed the Paris Bar examination. He is the Founder of Belaws, a one-stop platform for legal and corporate matters, facilitating access to trusted legal and business professionals who deliver compliant, practical solutions aligned with local laws and on-the-ground realities. He has advised foreign investors for over 10 years on corporate structuring, BOI promotion, cross-border tax, and regulatory compliance in Thailand. He previously served as Vice President of the Franco-Thai Chamber of Commerce and is a founding member of French Tech Bangkok.