Educational Information Only
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Foreign Business Act
พระราชบัญญัติการประกอบธุรกิจของคนต่างด้าว · FBA · B.E. 2542 (1999)
Overview
The Foreign Business Act B.E. 2542 (1999) restricts the categories of business in which foreign nationals or foreign-controlled entities may engage in Thailand. It establishes three Schedules of restricted activities, the Foreign Business Licence regime, and enforcement powers. The Act is the principal framework for foreign-direct-investment regulation outside BOI-promoted sectors.
- Promulgating authority
- Parliament
- พระราชบัญญัติ
- Enacted
- B.E. 2542 (1999)
- Official text
- https://www.krisdika.go.th/
Key Sections6
The 6 sections most frequently cited in practice or relevant to foreigners. Click any section for a deep-linkable page suitable for sharing.
Section 4
— Foreign definitionDefines 'foreigner' to include natural persons of foreign nationality, foreign-incorporated entities, and Thai-incorporated entities with foreign majority ownership or capital.
Section 8
— Schedule 1 prohibitionBars foreigners from Schedule 1 activities (rice farming, salt farming, certain media) absolutely.
Section 9
— Schedule 2 (Cabinet approval)Schedule 2 activities (national-security, art-and-culture, agricultural-resource) require Cabinet approval for foreign participation.
Section 11
— Schedule 3 (FBL required)Schedule 3 services (most professional, retail/wholesale below thresholds, advertising) require a Foreign Business Licence from the DBD.
Section 36
— Nominee prohibitionProhibits use of Thai nominees to circumvent the Act; criminal penalties for both nominee and foreign principal.
Section 37
— PenaltiesImprisonment up to 3 years and/or fine up to THB 1m for violations; dissolution of the offending entity is available.
Amendments
Schedule 3 list (currently 22 categories) is periodically reviewed; partial liberalisation has occurred via Ministerial Notifications.
The summaries on this page are plain-English educational paraphrases — not authoritative translations. For the binding wording you must consult the Royal Gazette publication or the consolidated text at the Office of the Council of State. Educational use only — not a substitute for advice from a Thai-qualified lawyer.
Professional Legal Assistance
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