Questions?
We reply within 24 hours, free of charge.
BOI, the Board of Investment, is the Thai government agency that grants companies investment privileges — BOI promotion — and runs the LTR and SMART visas. Within its promoted activity, a company with BOI promotion can be 100% foreign-owned, free of the Foreign Business Act's ordinary limits. BOI is not the only route there: a Foreign Business Licence (FBL) covers activities BOI does not promote, and US nationals have a third option, a Treaty of Amity certificate.
What BOI promotion does for a company
Instead of an FBL, a promoted company holds a certificate under section 12 of the Foreign Business Act and is exempt from most of that Act's restrictions. BOI decides which activities qualify and on what terms, so we check that before filing any paperwork, not after. Two visa programmes also run through BOI: the Long-Term Resident (LTR) visa, whose criteria eased in February 2025 (current conditions by category on ltr.boi.go.th), and the SMART visa, now open only in the S and O categories. These visas are personal; BOI promotion itself belongs to the company.
BOI and the Treaty of Amity: an extra route for US citizens
American business owners have a route Europeans and Australians do not: a certificate under the Treaty of Amity between Thailand and the United States. It runs separately from BOI promotion, with its own eligibility rules, and a US-owned company may qualify for one, both or neither. We check the two on their own terms rather than assume one covers the other.
Example: a restaurant or hotel in Phuket
A foreign investor wants a restaurant or small hotel in Phuket. Restaurants, bars and hotels sit on List 3 of the Foreign Business Act, and the exemptions published on 28 August 2026 did not free these activities. A company where foreigners hold half the capital or more needs an FBL, or BOI promotion if the activity qualifies; a US national may also use the Treaty of Amity certificate. The other lawful structure is a Thai-majority company in which the Thai partners genuinely invest their own money. We start with the activity, since it decides the route.
BOI is a lawful route, not a way around checks
What's next
Registration steps and the choice between Thai control, FBL and BOI are in how to register a company in Thailand; every route into a Thai business is on starting a business in Thailand as a foreigner. Not sure which route fits? Describe your plan on company registration in Thailand with a lawyer: our team replies within 24 hours and fixes the cost before work starts.
