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Can a foreigner own a restaurant in Thailand?
Not directly as a sole proprietor. Restaurants fall under the Foreign Business Act, requiring a Foreign Business License or (more commonly) operating through a Thai majority-owned company (51% Thai, 49% foreign).
Detailed Answer
Foreign ownership of restaurants in Thailand: **The restriction:** Restaurant and food service businesses fall under List 3 of the Foreign Business Act B.E. 2542 (1999), which restricts foreign majority ownership. **Options for foreigners:** 1. **Thai majority-owned company (most common):** - Register a Thai Limited Company with 51% Thai shareholders and 49% foreign - The company then obtains all necessary licenses - Cost: THB 30,000-80,000 for company setup 2. **Foreign Business License (FBL):** - Apply directly to the Department of Business Development - Allows majority or 100% foreign ownership - Requires minimum THB 3 million registered capital - Processing time: 60-90 days - Less common for restaurants due to complexity 3. **BOI Promotion:** - Generally not available for standalone restaurants - May be possible if part of a larger tourism/hospitality project **Required licenses for the restaurant:** - FDA food operator license from the Food and Drug Administration - Health/sanitation permit from the local district office (tessaban/TAO) - Alcohol license (if serving alcohol) — Excise Department - Tobacco sales license (if applicable) - Music/entertainment license (if live music or late-night operation) - Building use permit matching the restaurant function **Important:** Using nominee Thai shareholders is illegal and can result in criminal prosecution, fines, and business closure.
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