Date: August 12, 2026

Is a BOI company the only way for a foreigner to own 100%?

No. While BOI promotion is a popular choice for foreigners looking to own 100% of a Thai company, it is not the only option. Depending on the type of business, foreign investors may also qualify through unrestricted business activities, the US-Thai Treaty of Amity, or by establishing a branch office or representative office.

What We See In Practice

I've been told I need a BOI promotion if I want to own 100% of my company. Is that true?

WHAT CLIENTS ASK US

Not always. BOI promotion is a popular option because it can offer a range of benefits, including tax incentives, simplified visa and work permit requirements, and the ability to own a company with 100% foreign ownership. However, it is only one of several structures available to foreign investors. The most suitable option depends on the type of business you plan to operate, your nationality, and your proposed activities.

Some business activities in Thailand, such as manufacturing and exporting, are not restricted under the Foreign Business Act. This means foreign investors can own 100% of the company without needing BOI promotion or a Foreign Business Licence. Certain US investors may also qualify under the US-Thai Treaty of Amity, which allows majority or 100% foreign ownership in many business sectors, subject to specific conditions and exceptions. If your business does not qualify under either of these routes, a Foreign Business Licence may still be an option. However, approval is difficult to obtain, and applicants are generally expected to demonstrate that their business will provide clear benefits to Thailand, such as investment, technology transfer, or job creation.

In some situations, incorporating a Thai limited company may not be the most appropriate option. Foreign businesses looking to establish a presence in Thailand without creating a separate Thai company may instead consider a branch office or representative office, depending on the activities they intend to carry out. Both of which allow 100% foriegn ownership. A BOI promotion remains an excellent option for many investment projects, but it should be viewed as one of several possible structures rather than the default solution for every foreign investor.

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.