In brief
On 28 August 2026, the Ministry of Commerce issued ministerial regulations removing eight categories of business from the requirement to obtain a Foreign Business License or a Foreign Business Certificate under the Foreign Business Act B.E. 2542 ("FBA"). The ministerial regulations are now in effect.
In more detail
Foreign majority-owned companies or foreign entities intending to engage in the following businesses in Thailand are no longer required to obtain a Foreign Business License or a Foreign Business Certificate. These businesses are grouped into three categories based on their regulatory rationale:
1. Businesses subject to specific laws and regulatory approvals
These businesses are already governed by specific laws and are subject to regulatory approvals from other authorities.
(a) Telecommunications business laws
Telecommunications services under Type 1 telecommunications licenses, where the business operators own no telecommunications network and the services are of a nature that should be freely provided
(b) Exchange control laws
Treasury centers
(c) Securities laws
Lending of money for the purchase of securities
Purchase of securities under a reverse repurchase agreement (reverse repo)
(d) Derivatives laws
Engaging in the business of a derivatives agent, derivatives dealer, derivatives advisor, or derivatives fund manager in relation to derivatives contracts referencing underlying goods or variables that are not regulated under the laws governing derivatives contracts (i.e., the Derivatives Act B.E. 2546, as amended)
Engaging in the business of a derivatives agent, derivatives dealer, derivatives advisor, or derivatives fund manager in relation to over-the-counter (OTC) derivatives contracts under which the payment obligations are calculated by reference to exchange rates or interest rates
Purchase of securities under a reverse repurchase agreement (reverse repo)
2. Provision of service businesses between juristic persons having the relationship characteristics prescribed by the Ministerial Regulation
These businesses provide services exclusively between related juristic persons and are therefore considered to have a limited impact on competition with Thai business operators.
(a) Administrative management, human resources management, and IT management services
(b) Financial guarantees (limited to domestic guarantees only)
It is worth noting that this exemption applies only to limited categories of juristic persons that satisfy the relationship criteria prescribed under the Ministerial Regulation. The scope of the exemption is therefore relatively narrow and does not extend to affiliated or group companies generally.
3. Other supporting service businesses
These are businesses considered ancillary or operationally necessary and have a limited impact on competition with Thai business operators.
(a) Petroleum drilling services, where service providers have entered into service contracts directly with concessionaires, production-sharing contractors, or service contractors under the petroleum laws
(b) Leasing space for the installation of electronic devices used for financial service machines and vending machines for goods and services, for the benefit and convenience of the companies' employees
In addition, a Royal Decree removing the trading of agricultural futures on a derivatives exchange from the FBA requirements is expected to follow in due course.
If you have any questions, please feel free to contact us.
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Alicesala Jitjumnong, Associate, has contributed to this legal update.