Foreign Business Certificate (FBC)
Application Services
A Foreign Business Certificate (FBC) may be available to qualifying foreign businesses operating under specified investment promotion, industrial estate or treaty arrangements. Eligibility depends on the relevant legal basis and business activities. The law requires that the certificate be issued within 30 days. Government fees total 22,000 baht.
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of whether you are eligible for an FBC
What Is an FBC, and Who Is Eligible to Apply?
Ordinarily, a foreigner who wishes to operate a business in List Two or List Three must apply for a Foreign Business Licence (FBL), which is subject to consideration by the committee. However, Section 11 and Section 12 of the Foreign Business Act allow foreigners who already hold such rights to file a notification for a Foreign Business Certificate (FBC) instead. The certificate is issued by the Director-General of the Department of Business Development, and the application need not be submitted to the Foreign Business Committee.
| Route | Who Can Apply | Eligible Businesses | Issued in 2025 |
|---|---|---|---|
| Section 11 · Treaty | Americans or American companies exercising rights under the Thai–U.S. Treaty of Amity | Almost every business in the Lists annexed to the Act, except the 6 businesses the treaty does not cover | 124 (all under the Thai–U.S. Treaty) |
| Section 12 · Investment promotion | Foreigners who have received a promotion certificate from the BOI, or permission from the Industrial Estate Authority of Thailand (IEAT), or under other laws | List Two and List Three, as specified in the promotion certificate or permit | 663 (BOI 527 · industrial estates 136) |
In 2025, the Department of Business Development issued a total of 787 FBCs, approximately 2.7 times the number of FBLs (291).
What Is the Treaty of Amity, and Which American Companies Can Use It?
The Treaty of Amity is the Treaty of Amity and Economic Relations between Thailand and the United States (signed in B.E. 2509 (1966) and in force since B.E. 2511 (1968)), which allows American individuals and companies to operate almost every type of business in the Lists annexed to the Act. From 2000 to 2025, 99.9% of FBC applications under Section 11 relied on this treaty. There are 2 types of persons who may exercise this right:
- American nationals
- Companies registered in Thailand or in the U.S. in which Americans hold a majority of the shares, more than half of the directors are American or Thai, and the authorised signatory must be American or Thai (if several people sign jointly, the majority of them must be American or Thai)
The treaty does not cover 6 businesses: communications, transportation, custody of property on behalf of others, deposit-taking banking, the use of land or natural resources, and domestic trade in indigenous agricultural products.
How Does an FBC Differ from an FBL?
| FBC (Certificate) | FBL (Licence) | |
|---|---|---|
| Used when | Already has rights under a BOI promotion certificate, the IEAT or a treaty | You have no special rights and must apply for a licence through the ordinary procedure |
| Decided by | The Director-General of the Department of Business Development issues the certificate | The Foreign Business Committee (List Three) or the Cabinet (List Two) |
| Statutory timeframe | Issued within 30 days | 60 days for consideration + 15 days to issue the licence |
| Government fees | Application fee 2,000 + certificate fee 20,000 baht (flat rate) | Application fee 2,000 + licence fee 20,000–500,000 baht, depending on capital and List |
| Minimum capital | Section 12: no minimum capital is stipulated; comply with the conditions in the certificate · Section 11: at least 3 million baht per business (or a higher amount if estimated expenses are high), which must be brought into Thailand in foreign currency in full by 29 August 2029, as prescribed by Ministerial Regulation | Not less than 3 million baht per business |
| Conditions after approval | Comply with the conditions in the promotion certificate or the treaty | Loans not exceeding 7 times the capital, and a responsible person domiciled in Thailand |
| Online filing | Section 12: file through the BOI’s system, which can forward the application to the DBD · Section 11: file through the DBD’s e-Foreign Business system or at the DBD. Our team can file on your behalf through either channel. | e-Foreign Business system |
If you do not have rights under a promotion certificate or a treaty, please refer to Foreign Business Licence (FBL) Application Services.
FBC Application Steps, Documents and Timeline
If You Use Rights Under the Thai–U.S. Treaty (Section 11)
| Step | Details | Timeline |
|---|---|---|
| 1. Checking eligibility | Verify the proportion of American capital, the directors and the authorised signatories, and confirm that the business is not one of the 6 businesses that the treaty does not cover | – |
| 2. Obtaining a certificate of nationality | Request a certificate of nationality from the U.S. Commercial Service, U.S. Embassy in Thailand | Depends on the embassy’s queue |
| 3. Submitting the application | File Form Tor.6 (certificate application form), together with the documents, at the Department of Business Development, and pay the application fee of 2,000 baht | On the filing date |
| 4. Receiving the certificate | The Director-General approves the application, and the certificate fee of 20,000 baht is paid | Within 30 days as required by law |
Documents for Section 11 Applications
- Certificate application form (Form Tor.6)
- A statement of the type of business for which the certificate is requested
- Evidence of juristic person status showing the capital, objectives, location, and the names and nationalities of the directors, authorised signatories and shareholders
- A letter stating the shareholding proportions between Thais and foreigners (for companies registered in Thailand)
- Evidence of the juristic person status of the majority shareholder, if the majority shareholder is a company
- A certificate of nationality from the embassy of the treaty partner country
- A copy of the foreigner’s passport
- A sketch map of the place of business in Thailand
- Power of attorney (if another person files on your behalf)
If You Have a BOI Promotion Certificate or Permission from the IEAT (Section 12)
| Step | Details | Timeline |
|---|---|---|
| 1. Obtaining the promotion certificate | The certificate must specify the promoted business. If you do not yet have a certificate, begin with BOI Investment Promotion | – |
| 2. Submitting the application | Submit a letter of explanation requesting the certificate, together with the documents, through the BOI’s system, which forwards it to the Department of Business Development, or file at the DBD, and pay the application fee of 2,000 baht | On the filing date |
| 3. Receiving the certificate | The Director-General approves the application, and the certificate fee of 20,000 baht is paid. If you filed through the system, you may receive the certificate online | Within 30 days as required by law |
Documents for Section 12 Applications
- A letter of explanation requesting a certificate under Section 12
- A copy of the investment promotion certificate or the permit from the Industrial Estate Authority of Thailand
- Company affidavit and list of shareholders
- A map of the place of business
- Power of attorney (if another person files on your behalf)
When Must a BOI Company with Foreign Shareholders Apply for an FBC?
Where the company is regarded as a foreigner, meaning that foreigners hold 50% or more of the shares, and the promoted business is a business in List Two or List Three, such as services under item (21) of List Three, the company must obtain an FBC before commencing that business. A promotion certificate alone is not sufficient. In 2025, the BOI issued promotion certificates for 2,779 projects, approximately 57% of which were wholly foreign-owned.
FBC Application Service Fees and Government Fees
The FBC application service fee starts at 60,000 baht, excluding government fees. The total duration of the work is generally 1–3 months, depending on the route (treaty or BOI) and the readiness of the documents.
| Government Fees (Paid Directly to the Department of Business Development) | Rate | When Paid |
|---|---|---|
| Application fee | 2,000 baht | When filing the application |
| Certificate fee | 20,000 baht (flat rate, regardless of capital) | When the Director-General approves |
| Total | 22,000 baht |
Case Example: An American Shareholder Uses Treaty Rights Instead of Applying for an FBL
Challenge: An American shareholder held a majority of the shares in a Thai company and wished to operate a business in the Lists annexed to the Foreign Business Act without using the ordinary licensing route, which requires submission to the committee.
What we did: We verified that the shareholding proportions and the list of directors met the conditions of the Thai–U.S. Treaty of Amity, coordinated the request for a certificate of nationality from the U.S. Embassy, and then applied to the Department of Business Development for the certificate.
Result: The company obtained the certificate and was able to commence its business without having to prepare a business plan for submission to the committee, as is the case with an FBL.
Frequently Asked Questions About the FBC
What is an FBC, and how does it differ from an FBL?
An FBC is a certificate for foreigners who already hold rights under a BOI promotion certificate, from the IEAT or under a treaty, while an FBL is a licence that must be considered by the committee. An FBC is therefore issued more quickly (within 30 days, compared with 60 days for consideration), and its fee is fixed at 22,000 baht, whereas the FBL licence fee depends on capital.
How many days does it take to obtain an FBC?
The law requires the Director-General to issue the certificate within 30 days from the date of notification, and the DBD’s procedure specifies a service time of 15 days once the documents are complete. Including the time to obtain the certificate of nationality and prepare the documents, the process generally takes 1–3 months.
Can an American company hold 100% of the shares?
Yes, in most businesses, by exercising rights under the Thai–U.S. Treaty of Amity to apply for an FBC under Section 11. The majority of the company’s capital must be owned by Americans, and more than half of its directors must be American or Thai. The exceptions are the 6 businesses that the treaty does not cover, such as communications, transportation, deposit-taking banking and the use of land.
If I already hold a BOI promotion certificate, must I apply for an FBC in every case?
Not in every case. You must apply when the company is regarded as a foreigner, meaning that foreigners hold 50% or more of the shares, and the promoted business is a business in List Two or List Three annexed to the Foreign Business Act. If Thais hold a majority of the shares, you are not required to apply.
How much are the FBC fees?
Government fees are 22,000 baht, consisting of an application fee of 2,000 baht and a certificate fee of 20,000 baht, a flat rate regardless of capital. Greenpro KSP’s FBC application service fee starts at 60,000 baht.
Can I apply for an FBC online?
If you hold a BOI promotion certificate, you may file online through the BOI’s system, which forwards the application to the Department of Business Development, and receive the certificate online. In treaty cases, you file through the DBD’s e-Foreign Business system or at the DBD. Our team can file on your behalf through either channel.
What is the Treaty of Amity?
It is the Treaty of Amity and Economic Relations between Thailand and the United States (signed in B.E. 2509 (1966) and in force since B.E. 2511 (1968)), which allows qualified American individuals and companies to obtain an FBC in order to operate businesses in the Lists annexed to the Foreign Business Act. In 2025, all 124 treaty-based FBCs were obtained by exercising this right.
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Send Us Your BOI Promotion Certificate or Shareholding Structure for a Free Review of Whether You Are Eligible to Apply for an FBC
Please attach a copy of your promotion certificate, or inform us of the nationalities and shareholding proportions of your shareholders. Our registration team will reply with the FBC route for which you qualify, what you must prepare, and the estimated service fee.
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