IF NOMINEE SHAREHOLDING IS NOT A IF NOMINEE SHAREHOLDING IS NOT A STRUCTURE, WHAT ARE THE SOLUTIONS?
Thailand continues to be one of the key destinations for foreign investment in Southeast Asia, particularly in manufacturing, technology, infrastructure, digital services and other high-value industries. However, foreign investors considering an investment in Thailand are often faced with the same question: “Can a foreign investor own 100% of the shares?”
Under the Foreign Business Act B.E. 2542 (1999) (the “FBA”), there is no standard rule that foreign investors may only hold 49% of the shares in every Thai company. At the same time, 100% foreign ownership is not available for every business. The key consideration is the actual business activity to be carried on in Thailand and whether such activity is restricted under the FBA or other applicable laws.
