Foreign Business Licence (FBL) in Thailand: Requirements, Fees and Timeline

A Foreign Business Licence (ใบอนุญาตประกอบธุรกิจของคนต่างด้าว, applied for on DBD form Tor 2 (แบบ ต.2)) lets a foreign-majority company carry on a business restricted under List 2 or List 3 of the Foreign Business Act. For most foreign founders in services; consulting, marketing, trading, IT services sold locally, it is the "front door" alternative to a 49%/51% structure.

1. Who needs an FBL?#

You need an FBL if all three are true:

1. your company is a "foreigner" under the FBA (50%+ foreign shares or foreign capital);
2. the activity is on List 2 or List 3;
3. no exemption applies (BOI promotion, Treaty of Amity, IEAT, FTA, ministerial exemption).

Check the 2026 exemptions first. Since 28 August 2026, intra-group administrative, HR and IT services, domestic intra-group guarantees, treasury centres and a few regulated activities no longer need an FBL (Service Business Ministerial Regulation No. 5 B.E. 2569). Many groups used to apply for an FBL just for intra-group support. If that is all your Thai company does, you may not need one now. Software development and services to unrelated Thai customers still need one. See the FBA guide.

List 2 licences additionally require Cabinet approval and are rarely practical for SMEs. This guide focuses on List 3.

2. What the Foreign Business Committee looks at#

The Director-General of the DBD decides with the advice of the Foreign Business Committee. Section 5 of the FBA lists factors including:

• advantages and disadvantages to national security and development;
• economic and social development, public order, morality, culture;
• conservation of natural resources, energy and environment;
• consumer protection and the size of the business;
• employment, technology transfer, and research and development.

In practice, a successful application shows that the company brings something Thai firms are not already offering: specialised know-how, significant investment, hiring of Thai staff at good salaries, training, or export revenue.

3. Key requirements#

4. Step-by-step process#

1. Incorporate the company (or convert an existing Thai company by transferring shares).
2. Prepare the application on Form Tor 2 (แบบ ต.2), "application for a business licence under Section 17". It is the DBD's own form; Form Tor 1 is a different form, for notifying cessation or relocation under s.22. Attach the business plan, organisational chart, CVs of key foreigners, and evidence of capital.
3. File with the DBD's Foreign Business Administration Division, online through the e-Foreign Business system (efrinter.dbd.go.th) or in person at the Foreign Business Administration office in Nonthaburi).
4. Committee review and possible interview/clarification requests. The DBD may request extra documents or site visits.
5. Decision. Section 17 sets a 60-day period after receipt of a complete application; the 60-day clock runs from a complete filing; the Cabinet (List 2) may extend for an unavoidable cause, but in practice the clock only starts once the DBD treats the file as complete, so clarification requests add time.
6. Pay the licence fee and collect the licence. Under the government service standard (THAILAND.GO.TH guide 006-020), the licence is issued within 15 days of approval.
7. Comply with licence conditions (capital maintenance, debt/equity ratio, Thai employment, annual reporting).

5. Government fees#

Professional fees are far higher than government fees. Published prices we found (checked 29 October 2026, all excluding VAT and government fees):

So a realistic professional budget runs from about 50,000 THB to 200,000 THB, depending on how much of the business plan the firm writes and how many clarification rounds it absorbs. Ask for a fixed quote that covers the business plan, filing, clarification rounds and capital-remittance reporting.

Worked example: the all-in cost of a List 3 consultancy FBL#

A 100% Dutch-owned consultancy with 3,000,000 THB of capital:

If capital is raised to 10,000,000 THB, the licence fee becomes 50,000 THB (0.5%). The 250,000 THB cap is reached at 50,000,000 THB of capital.

6. Typical licence conditions#

FBLs often include conditions such as:

• maintain minimum capital throughout the licence;
• a debt-to-equity limit (commonly 7:1) where the DBD imposes one under s.18;
• at least one director residing in Thailand;
• report annual results and changes in shareholding;
• restrictions on providing services other than those licensed.

7. Approval odds and what helps#

The DBD publishes statistics on licences granted; services such as group-company support, consultancy for affiliates, and specialised engineering or IT services are commonly approved, while activities where Thais are numerous (retail, restaurants, tour operation, general trading) are rarely approved. The DBD publishes yearly licence statistics in its Foreign Business Commission annual report; check the latest before you apply. Applications improve with:

• a specific, narrow business description;
• evidence of existing contracts or customers;
• a plan to hire and train Thai staff with salaries above market average;
• technology or know-how transfer commitments;
• higher capital than the minimum.

8. Common mistakes (from founder forums and refusal patterns)#

1. Letting foreign shareholding cross 50% before the licence is granted. From that moment the company is operating unlicensed (see section 12).
2. A vague activity description. The licence covers only what you describe. "General consulting" invites refusal, and a narrow but too-specific wording blocks later growth. Describe what you will actually do for the next 3 years.
3. Counting on the 60 days. The clock starts only when the DBD treats the file as complete. Each clarification round adds weeks.
4. Forgetting the capital tranches. 25% within 3 months, 50% within a year, and so on. You have to prove each tranche within 15 days. A missed tranche is a breach of the licence.
5. Paying for an FBL you no longer need. Check the 2026 intra-group exemptions first.

9. Alternatives to compare#

10. Timeline example#

11. Writing the business plan the Committee wants to read#

The business plan is where most FBL applications are won or lost. The DBD does not publish a template, but successful plans tend to cover the same ground in plain, specific language:

1. Exact description of the service. Not "consulting services", but "engineering design review for solar-farm EPC contractors in Thailand, delivered by a team of four licensed engineers". The licence will be issued for the activity you describe, so vague wording can both hurt approval and limit you later.
2. Why Thai providers do not already meet the need. Explain the specialised knowledge, certifications or group relationships that make your service distinct. Cite your parent company's track record or patents where relevant.
3. Customers and contracts. Letters of intent, framework agreements or existing invoices to Thai customers carry weight.
4. Employment plan. Number of Thai employees each year for three years, their roles and salary ranges, and the foreigner-to-Thai ratio. Committees like to see Thai staff in professional, not only administrative, roles.
5. Technology and skills transfer. Training hours, certification programmes, collaboration with Thai universities, or local R&D.
6. Financial projections. Three-year profit-and-loss forecast, capital injection timetable, and expected corporate tax and VAT contribution.
7. Compliance commitments. Willingness to accept standard conditions (capital maintenance, debt/equity limits, reporting).

Keep the plan consistent with your MOA objectives, your lease, and the CVs of the foreign directors. Inconsistencies are the most common reason for clarification requests.

12. Converting an existing 49% company#

Many applicants already run a Thai-majority company and want to regularise it. The usual sequence is:

1. Take advice on any historical exposure (e.g. whether Thai shareholders genuinely invested).
2. Prepare the FBL application while the company is still Thai-majority, noting the planned share transfer.
3. Once approved in principle or as advised, transfer shares to the foreign shareholder(s), increase capital to the required minimum with funds remitted from abroad, and update the shareholder list with the DBD.
4. Pay the licence fee and adjust bank signatories, contracts and work-permit files.

Sequencing matters: if foreign shareholding crosses 50% before the licence is granted, the company is technically operating a restricted business without a licence. Your lawyer should coordinate timing with the DBD.

13. Document checklist#

• Company affidavit (issued within the last 6 months; many officers prefer under 3 months)
• MOA and Articles of Association
• Shareholder list (Bor Or Jor 5)
• Latest audited financial statements, if the company has traded
• Evidence of capital remittance (bank FET forms)
• Lease agreement and map of premises; photos of the office
• Passport and CV of each foreign director and key foreign staff
• Business plan with three-year projections
• Organisational chart
• Power of attorney to the filing lawyer
• Any supporting letters from customers, the parent company or industry bodies

14. After the licence: staying compliant#

Diary the licence conditions and give them to your accountant. Changes in shareholding, capital, directors or business scope may need prior DBD approval or a licence amendment. Keep evidence of Thai employment and training, because the DBD can inspect and may ask how you met the commitments in your plan. Failure to comply can lead to revocation and, in serious cases, prosecution.

Frequently asked questions#

Is an FBL permanent? There is no expiry date, but the licence covers only the licensed activity and can be suspended or revoked under ss.19–20 for breaching its conditions or the law.

Can I apply before forming a company? The applicant is normally the company itself, so incorporation comes first.

Can an FBL company sponsor work permits? Yes, subject to the usual Department of Employment and Immigration requirements.

What happens if I operate before the licence is granted? Operating a restricted business without a licence is an offence under the FBA with criminal penalties.

Can I get an FBL for a restaurant? It is legally possible but rarely granted for small food businesses.

Do I need an FBL to sell only online to customers outside Thailand? Possibly. Get advice on whether the service is performed in Thailand.

Compare Bangkok law firms in our directory.

Related guides#

• Foreign Business Act Thailand: What Foreigners Can and Cannot Own
• BOI Promotion in Thailand: Incentives, Eligibility and How to Apply
• US-Thai Treaty of Amity: How Americans Can Own 100% of a Thai Company
• Representative Office vs Branch vs Subsidiary in Thailand