Learn more about  law firm Pattaya

◊ Starting a business in Pattaya

Register your company in Pattaya

Registering a company is a crucial process before legally conducting business in this vibrant city. Here is an inclusive guide on how to register a company in Pattaya:

• Determine the company type: Selecting your business type is the first step. A popular choice for a registered company is a private Thai limited company. Typically, the company must have at least seven shareholders or promoters.
• Choose the company name: The company name is essential to the business identity. Ensure to have a non-existing company with the same name through the Department of Business Development
• Prepare the necessary documents: Find out the documents required and create or collect the items needed, including shareholder identification records, articles of association, memorandum of association, and more.
• Submit the application: Finally, submit the application through the Department of Business Development or a certified registered company registration service provider in Pattaya.
• Pay the registration fees: The registration fees may vary, depending on the form of the company and other factors. Once the appropriate fees are paid, the registration process is complete.
• Receive the company registration certificate: After the form filled out is approved, the recipient company receives a Company Registration Certificate.

Following that, the company is legally registered and allowed to conduct activities in Pattaya. Although specific requirements and methods can differ depending on the enterprise structure, using a professional company registration service or a lawyer skilled in business registration will help comply with all government requirements.

Cost to set up your Thai Business

It is not easy to pinpoint the precise cost of opening a business in Thailand as it depends on several factors, including the type of business, its location, inventory, employees, and other needs. However, Benoit & Partners can provide you with a profile to give you an idea of what to expect. One feature unique to Thailand in comparison to Western countries is how affordable construction and manual labor in Pattaya are. The business type you propose to launch in Pattaya will determine the costs, but in general, costs for employees’ wages and property renovation are cheap.

Here’s a breakdown of some typical costs:

• Thai employees in restaurants, retail, and service sectors often earn around 10,000 baht monthly.
• Electricity rates may range from 5-8 baht per unit, depending on the property owner’s terms.
• Water costs usually fluctuate between 18-20 baht per unit.
• Rent and property prices vary, depending on the size and location of the space.

Opening a bank account in Pattaya 

Is a work visa required to open a business bank account in Pattaya ?

Some of the banks require a work visa but as a business holder, it is an added advantage to have a certificate or a license from the government to allow you conduct business legally. In some of the banks, you can open an account with only a tourist visa. The criteria for the opening of such accounts differ from one account to the other as well as from one bank to the other. Therefore, securing the services of a professional service provider or an expert in legal matters will help you conduct your legal obligations.

Common Types of Business Entities in Pattaya

In the context of the vibrant business environment in Pattaya, there are differing paths for entrepreneurs to follow.

•  Limited Liability Company remains the preferable option for foreign investors. Generally, it offers a flexible and more informal framework for companies’ operations while protecting the interests of individual shareholders from legal liabilities.

•  Public Limited Company which is used by larger-scale businesses to avoid capital shortage and receive investment support from the general public.

Nevertheless, these general descriptions may not capture all of the crucial points of each company’s peculiarities as choosing between LLC, PLC, or alternative form of company depends on the nature of a business, capital requirements, management commitment, and local laws and regulations compliance.

Hiring staff

Hiring employees in Pattaya is a complicated process that involves different factors to be made with full compliance with the law. Employers must adhere to a complicated legal framework while also considering employees’ needs, differences, cultural specifics, and language factors.

• Work permits for foreign workers : An appropriate work permit for foreign employees must be secured by the employer through the Thai Ministry of Labor. The employer must pay attention to all the legal requirements and timely secure it.

• Employee benefits : According to law, employees are entitled to different benefits regulated by law, i.e., health and social insurance, paid vacations, and public holidays, maternity and paternity leave, and severance pay. The full compliance of the employer with these obligations is required.

• Payroll taxes : The employer is responsible to withhold income taxes from the employees’ wages and additionally contribute to social security and pension funds. They must make sure that the payments are accurately recorded and timely transferred.

• Cultural practices : Understanding the dynamics and cultural traditions of Thailand is critical to fostering positive employees’ relations. The communication style, hierarchy, and other possible cultural differences and specifics.

• Language skills : For foreign employers, hiring staff that is familiar with and has experience with a language may improve understanding and cooperation between them.

Employment of foreign citizens in my company

In Thailand, being able to employ foreign nationals in your enterprise is contingent on financial criteria. You would be able to recruit one foreign member for an opening payment of two million Baht. The subsequent payment would be two million Baht for each additional employee, and you will be able to employ a maximum of ten foreign individuals. In Thailand, specifically in Pattaya, you cannot operate within the framework of your business without a business visa; this encompasses actual employment and volunteer labor. A starting contribution of two million Baht allows you to hire one foreign employee .

Find a local partner 

Partnering with a Local Entity in Thailand

In Thailand, foreign ownership laws are stringent, particularly in regions designated as Thai-only areas. As a foreign investor, aligning with a local partner can be a strategic move to navigate the intricate local laws and regulations. Such a partnership not only facilitates compliance but also fosters robust business relationships within local communities. Contact our law firm for more information. 

◊ Work Permit in Pattaya

Obtaining a Work Permit in Pattaya :

If you are a foreign national planning to work in Pattaya, Thailand, obtaining a work permit is a mandatory legal requirement. The process involves several steps and adherence to specific guidelines. Here’s a detailed guide to help you navigate this process:

• Secure a Job Position: You must first secure a job with a company in Pattaya that meets specific criteria, such as having at least two million baht of nominal capital and employing four Thai workers for every foreigner hired
• Obtain a Non-Immigrant Visa “B”: Before applying for a work permit, you must acquire a Non-Immigrant Visa “B” from a Thai embassy or consulate.

Navigating the Non-Immigrant “B” Visa Process in Thailand

For foreign entrepreneurs and professionals eyeing business opportunities in Thailand, obtaining a non-immigrant “B” (business visa) is a critical step. This visa category not only legalizes your business activities in Thailand but also paves the way for company establishment.

Key Requirements for a Non-Immigrant “B” Visa in Pattaya, Thailand:

1. Job Offer or Business Intent: A job offer from a Thai company or a clear intention to conduct business or investment in Thailand.
2. Valid Passport: Must have at least six months of remaining validity.
3. Passport-Sized Photos: Three photos, typically 3×4 cm in size.
4. Passport and Visa Copies: Relevant pages including personal information and current visa.
5. Resume (CV): Detailing education, work experience, and skills.
6. Medical Certificate: A declaration of good health from a licensed physician.
7. Employer Support: Supporting documents such as an employment letter or invitation letter.

General Steps to Obtain the Visa:

• Secure a job offer from a Pattaya-based company.
• The company must gain permission from the Thai Ministry of Labor to employ foreign workers.
• Upon authorization, the company issues an invitation letter for the visa.
• Complete the application form, provide a passport photo, valid passport, and pay the fee.
• Appear in person at the nearest immigration office for application submission and fingerprinting.

◊ Investment Opportunities in Pattaya : A Comprehensive Guide 

Pattaya, Thailand, a vibrant city known for its tourism and diverse culture, presents a plethora of investment opportunities. Here’s an overview of some common investment avenues in Pattaya, tailored to various interests and investment strategies:

 Real Estate Investment

Pattaya’s real estate market is thriving with a wide array of opportunities. From new construction projects to multi-family buildings, houses, and apartments, the options are vast for investors looking to capitalize on property investment.

Tourism and Hospitality:

As a hotspot for tourists, attracting millions annually, Pattaya offers lucrative investment opportunities in the tourism and hospitality sector. Potential investments include purchasing hotel complexes, restaurants, bars, and other tourist-centric establishments.

Retail Business:

With an abundance of shops, boutiques, and shopping centers, Pattaya’s retail sector is ripe for investment. Opportunities range from opening clothing stores, souvenir shops, and outlets for local and international products to leasing commercial spaces.

Expat Services:

Pattaya’s appeal to expatriates opens doors for investment in services catering to this community. This includes international restaurants, healthcare services, international schools, sports and leisure clubs, and expatriate consulting services.

Technology and Innovation

Emerging opportunities in technology and innovation are also present in Pattaya. This encompasses tech start-ups, software development companies, digital marketing services, and more, reflecting the global trend towards technological advancement.

Investing in Pattaya offers a unique blend of traditional and modern opportunities. Whether you’re drawn to the allure of real estate, the bustling tourism industry, or the innovative tech sector, Pattaya’s diverse investment landscape provides a promising platform for growth and success.

◊ Condominium ownership legal services

Thailand, particularly in Pattaya offers an easy way for people who want to purchase a condominium. In Pattaya, registered condominiums are covered by the Thailand’s Condominium Act. Registered condominiums already provide some form of protection. This is valid for protection on buying properties in the name of foreign-buyers under the foreign quota which gives full rights for foreigners to own things in their name. In this case papers, such as the unit title deeds, blueprints regulating the condominium areas, by-laws and the buyers and sellers agreement will be transferred in the buyer’s name.

Documents and Procedures:

• Foreigners may purchase in Pattaya; however, 51% of the unit must be sold to Thai to remain. The remaining 49% must be sold to foreigner.

• Title Search: Search will be conducted to ensure that the condominium is free from encumbrances or restrictions.

• Drafting and reviewing of all contracts to ensure a safe transaction

• Register the property with the Pattaya Land Department, making sure all documentations are correctly done.

• Must be transferred directly from a foreign currency

• Must be remitted to Thailand from abroad in the original currency

• Without this proof, a foreigner can not register the condominium under his name

◊ Villa Ownership services

When a customer is buying a villa in Pattaya, a deposit and payment are required . Information according to the results of the research will be both additional and supportive:

• Deposits: Deposits are 10% of the unit price for property in Pattaya. However, the deposit amount can be agreed depending on the agreement with the seller or developer. It is important to note that the terms of the deposit may depend on the developer or the seller. Each customer should review the contract and make sure the deposit is listed and papered. In addition, it is advisable to consult a lawyer and make sure the terms are fair and protect your interests.
• Payment of the balance: The balance of payment is generally spread over the term of the contract. The deposit amount may then be deducted from the total payments. All payment terms and all suppliers and schedules must be specified in the contract.
• Loss of reservation: If you sign a contract and decide to buy another property during the contract term, you can lose your deposit.
• Payment options: Cash is generally the most common way of owning property in Pattaya. However, depending on the developer or vendor, there may be other ways of paying property for sale . It may be important to inquire and inquire from the seller or developer and conduct an investigation on the issue as needed, or request professional help for the detail of the investigation.

The specific payment terms for the purchase of this or that property depend on the developer, seller, and individual. Prior to making any arrangements, it is advisable to consult a reputable real estate agent or attorney who specializes in Thai real estate transactions and makes arrangements based on the specifics of the individual circumstances.

 ◊ Land ownership services

Land ownership in Pattaya, Thailand is a complicated matter and especially so for foreigners. Under Thai Law No. 1 020, 2551 BE Clause in its General Provision In force from February 26, 2551, Thai law generally prohibits foreigners from the ownership of land but there are exceptions and legal ways for land ownership in Pattaya.

• Documents and Procedure: Land ownership restriction: Since 1956, foreign nationals have been banned from owning real estate in Thailand, except in certain cases provided for by international treaties. To date, there are no international treaties allowing such ownership.
• Exception: A foreign national may own up to 1 rai of land in the Pattaya region for residential purposes after purchasing at least 40 million baht of treasury bills or government bonds. Since its inception, this exception has hardly been granted and currently, only some additional conditions are stipulated.
• Foreign companies: Foreign companies cannot own land but are allowed to be minority partners in a Thai company that owns land. In addition, certain exemptions to this rule may be granted to foreign companies that make significant investments in the Thai economy.
• Land Inheritance: in the event of the owner ‘s of the land death, the spouse, who has acquired Thai nationality, has the right to inherit the land but must sell within one year.
• Property Tax: The rules depend on the value of the property and its use. For a first property when the value is less than 50MB, no tax must be paid and a 0.02 % tax is applied in specific cases. As for a property that is used for business, the rates vary between 0.3% and 0.7%.
• Consultation with a tax lawyer: Tax legislation is constantly changing so it is important to consult a tax lawyer.

Land ownership in Pattaya is a restrictive and complex area of law and as such has multiple restrictions and exceptions. Our special legal department will provide you with information on Pattaya’s land ownership laws and regulations.

◊ Pattaya lawyer specialized in immigration

Making the move to Pattaya in Thailand is not something which should be undertaken without legal led assistance. It doesn’t matter if you are moving to work, live, invest or to enjoy a vacation, the laws and regulations of the land can be very difficult to get to grips with. Here at Benoit and Partners we offer specialist immigration legal services which are designed specifically to help those who are moving to Pattaya.

 Services offered

• Visa and Work Permit Assistance: We help you understand the different categories of visas and work permits specific to Pattaya and guide you through the application process.
• Pattaya Compliance: We ensure that you comply with all local immigration laws and regulations, including specific tax and reporting requirements.
• Visas for Family and Dependants in Pattaya: If you are moving to Pattaya with your family, we can help you obtain the appropriate visas for your dependents.
• Business and Investment Immigration to Pattaya: We offer specialist advice on the immigration options available in the city, including business visas and local investment programmes.
• Permanent Residency in Pattaya: We guide you through the process of applying for permanent residency, taking into account Pattaya’s specific criteria and requirements.
• Deportation and extended stay problems in Pattaya: If you are facing deportation or extended stay problems, we can provide you with legal assistance to solve these local problems.

Requirements for permanent residence

To obtain permanent residency in Pattaya, applicants must meet certain criteria, such as :

Length of Residence: Permanent residence in Thailand for at least five years prior to application.

Financial requirements:  Minimum monthly income of 50,000 baht for at least 2 consecutive years up to the date of application and proof of income tax payment.

Marriage:  Eligible after two years of marriage.

Application Process: Processed by the Royal Thai Immigration Commission, with an annual quota and an application period generally from October to December

Our law firm has a presence in multiple cities across Thailand. Our offices are located in Bangkok, Koh Samui, Phuket, and Pattaya, ensuring that we are accessible to our clients no matter where they are. Whether you need assistance with business law, immigration, real estate, or other legal matters, our experienced team is here to provide expert guidance and support throughout the country.