A company and a work permit in 6 weeks, with no nominees

A typical situation assembled from practice; details are changed.

The request

The client arrived in Phuket on the visa exemption and wanted to start work at once through his own Thai company. He planned to get a work permit for himself within six weeks. He described his plan like this: a Thai friend is registered as holder of 51% of the shares, the client pays for those shares, and the client runs the company.

What we found

That plan is a nominee arrangement, and it breaches s. 36 of the Foreign Business Act: up to three years in prison and/or a fine of THB 100,000 to 1,000,000, and directors can be personally liable (s. 41). Since 1 January 2026 the DBD compares three months of Thai shareholders' bank statements with the withdrawals that paid for their shares, and DBD Order 2/2569 has applied since 1 August 2026 (LawPlus; Dejudom, August 2026).

The lawful routes did not fit the deadline: an FBL takes 4 to 8 months in practice and BOI promotion 2 to 4 months (ThaiLawOnline; aimbangkok, 2026). That left a company under genuine Thai control. A work permit needs a Non-B visa and a named employer, and the visa exemption is meant for tourism. The usual benchmark is THB 2 million of paid-up capital and 4 Thai employees per foreigner (Thaiger, 24 September 2026).

What we checked	What we found	The decision
Structure	51% held by a friend, funded by the client	A genuine Thai partner using his own money
Route	FBL 4 to 8 months, BOI 2 to 4 months	Thai control
DBD	Letter and statements required	Package under Order 2/2569
Work permit	The exemption is meant for tourism	Non-B and an electronic application

Table sources: ThaiLawOnline and aimbangkok (2026), LawPlus and Dejudom (August 2026), Royal Thai Embassy London (8 September 2026).

What we did

1. We classified the activity against the Foreign Business Act lists and told the client that an FBL and BOI promotion would not fit his schedule. The remaining option was Thai control with a partner's real money.
2. Instead of the friend, the client brought in a genuine Thai partner who pays for his own shares from his own funds and works in the business. We recorded the shares and roles in a shareholders' agreement, and the client's stake stayed below 50%.
3. For the DBD we prepared an investment explanation letter, the partner's bank statements for three months and the company's account statement.
4. We registered the company at the DBD.
5. The client paid in THB 2 million of capital, and the company hired four Thai employees and registered them with Social Security, whose filings are checked at application and renewal (ThaiLawOnline; Thaiger, 24 September 2026).
6. We obtained the Non-B visa and filed the work permit electronically, as every application has had to be since 13 October 2025 (Aniday). The client did not work before the permit was issued, because the exemption is meant for tourism. Working outside the description of an issued permit is also an offence: a fine of THB 5,000 to 50,000 for the worker, THB 10,000 to 100,000 for the employer, and possible deportation (ThaiLawOnline).

The client was British, so the Treaty of Amity route was not open to him: that certificate is for US nationals. A US founder could have asked for one, with its own capital conditions (ThaiLawOnline).

The result

The company was registered, the DBD package was accepted and the work permit was issued in week six. The timing worked because the client chose Thai control rather than an FBL or BOI, and because the partner's statements showed his contribution. In another case the timing depends on the bank, the agencies and the completeness of the papers.

The takeaway

In our example the short timeline came with a genuine Thai partner, while a nominee scheme would have brought criminal risk rather than saved time.

What we do when you open a business is on the page Open a business in Thailand as a foreigner. What the visa exemption does and does not allow: the 30-day visa exemption from September 2026.