September 17, 2026
Thailand Exempts Further Business Categories from the Foreign Business Licence Requirement — Effective 28 August 2026
On 28 August 2026, two Ministerial Regulations took effect, exempting a range of service businesses and brokerage or agency businesses from the requirement to obtain a Foreign Business Licence (“FBL”) from the Department of Business Development (“DBD”) under the Foreign Business Act B.E. 2542 (1999) (the “FBA”).
The DBD has stated that the purpose of these exemptions is to reduce duplication in the licensing process, as the businesses concerned are already supervised by dedicated regulatory authorities.
This article sets out the exempted businesses, the criteria that apply, and the legal obligations that remain in force.
Brokerage and Agency Businesses
The Ministerial Regulation Prescribing Brokerage or Agency Businesses Exempt from the Requirement to Obtain a Foreign Business Licence B.E. 2569 (2026) exempts two further businesses falling under Clause 11(d) of List Three annexed to the FBA:
1. Acting as an agent for derivatives trading referencing general goods or variables This covers cases where the underlying goods or reference variables of the contract are not governed by the law on derivatives contracts.
2. Acting as an agent for derivatives trading referencing exchange rates or interest rates This covers contracts where settlement is calculated by reference to an exchange rate or interest rate, and where the trading is conducted outside a derivatives exchange.
Service Businesses
The Ministerial Regulation Prescribing Service Businesses Exempt from the Requirement to Obtain a Foreign Business Licence (No. 5) B.E. 2569 (2026) exempts seven further service businesses:
1. Telecommunications services under a Type 1 Telecommunications Licence A Type 1 licence is a licence for telecommunications operators that do not own their own telecommunications network and whose services are of a nature suitable for open provision, under the law on telecommunications business operations.
2. Treasury centre business Under the law on exchange control.
3. Administrative, human resources, and information technology management services Applicable only where the services are provided between juristic persons that are related under the prescribed criteria.
4. Domestic credit guarantee services Applicable only where the guarantee is provided between juristic persons that are related under the prescribed criteria.
5. Lending business in various forms secured by securities Under the law on securities and exchange and the law on derivatives contracts. The same Ministerial Regulation also adds lending for the purchase of securities, and the purchase of securities under a repurchase agreement, to the list of exempt businesses.
6. Leasing part of premises for the installation of automated machines This covers leasing a portion of premises for the installation of electronic equipment used in the provision of financial services, such as ATMs and cash deposit machines (CDMs), or automated vending or service machines, for the convenience of the company’s employees.
7. Petroleum drilling services For contractors engaged directly by a concessionaire, a production-sharing contractor (PSC), or a service contractor under the law on petroleum.
The “Related Juristic Persons” Criteria
The exemptions for intra-group service businesses (items 3 and 4 above) apply only where the service provider and the service recipient are related in one of the following ways:
- Majority common shareholders
shareholders or partners holding more than half of one juristic person are also shareholders or partners holding more than half of the other juristic person. - Common shareholders at the prescribed proportion
shareholders or partners holding shares or partnership interests of the prescribed proportion in one juristic person hold shares or partnership interests of the same prescribed proportion in the other juristic person. - Direct shareholding between the entities
one juristic person holds shares or a partnership interest of the prescribed proportion of the capital of the other juristic person. - Majority common directors
directors or partners with management authority exceeding half of one juristic person are also directors or partners with management authority exceeding half of the other juristic person.
The prescribed proportion under criteria 2 and 3 differs according to the type of service business:
- Administrative, human resources, and information technology management services
25% or more of the capital - Domestic credit guarantee services
50% or more of the capital
Satisfying any one of the criteria above establishes that the juristic persons are related for the purposes of the exemption.
Legal Obligations That Remain in Force
The exemption from the FBL requirement does not exempt operators from other obligations under the law. Foreign operators remain required to:
- Comply with minimum capital requirements under the FBA and related legislation.
- Obtain licences from the relevant sector regulators, including a telecommunications business licence from the NBTC, treasury centre approval from the Bank of Thailand, securities and derivatives business approval from the SEC, and petroleum operation approval from the Ministry of Energy.
- Register the juristic person with the DBD in accordance with the ordinary requirements.
Thames Legal’s Services
Thames Legal advises foreign investors on the establishment and structuring of businesses in Thailand, compliance with the Foreign Business Act, applications for business licences, and the review of shareholding structures and intra-group relationships. If you would like advice in relation to these changes, please contact our team.
