You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

January 20, 2026

Thailand Restricts Foreign Land Ownership and Shareholding for Certain Promoted Investments

Thailand’s Board of Investment (BOI) has imposed new restrictions on foreign-majority shareholding and land ownership for companies in certain promoted activities. The changes took effect on September 1, 2025, but were not published in the Government Gazette until December 30, 2025, under Notification of the Board of Investment No. Sor. 7/2568 on the Amendment to List of Activities Eligible for Investment Promotion under Notification of the Board of Investment No. 9/2565, dated July 22, 2025.

Foreign Land Ownership Restrictions

Generally, foreign land ownership is one of the privileges granted to BOI-promoted companies, allowing them to own land to engage in the promoted activities. However, with these new restrictions, the BOI will no longer grant land-ownership privileges to foreign-majority-owned companies that conduct business activities in the following categories:

  • Rolling, drawing, casting, or forging of nonferrous metals (category 5.4.9)
  • Manufacturing of ferrous metal products or ferrous metal parts (category 5.4.11.2)
  • Manufacturing of nonferrous metal products and/or nonferrous metal parts for industrial use (category 5.4.11.4)
  • Manufacturing of other metal products, including other metal parts for industrial use (category 5.4.11.5)
  • Manufacture of chemical products for industry (category 6.2)
  • Manufacture of plastic products for industrial goods and parts (category 6.4.1)

These restrictions do not apply to existing BOI-promoted companies that have at least three projects granted promotion under the same juristic person during the past 15 years (2011–2025) with total investment of at least THB 5 billion, excluding the cost of land and working capital.

Foreign Shareholding Restrictions

For companies to be eligible for BOI promotion in three other categories of business activities, at least 51% of the company’s registered capital must be held by Thai individual shareholders, unless the BOI-promoted activity is located within a special border economic zone as designated by the BOI. These three categories are:

  • Manufacture of bags made of leather or artificial leather (category 9.8; not included in this restriction are shoes and other products made of these materials)
  • Manufacture of furniture or parts (category 9.12)
  • Manufacture of printed materials (category 9.14)

Applications and Next Steps

These restrictions apply to all BOI applications submitted from September 1, 2025, onward. Foreign business operators engaging in the restricted activities and aiming to seek BOI promotion should carefully review alternative options for foreign shareholding structures and foreign land ownership through permissions and privileges granted under other relevant laws and regulations.

RELATED INSIGHTS​ 

April 2, 2021
On March 3, 2021, two new types of license became available to operators of securities businesses in Thailand, following the enactment of an amendment to the ministerial regulation regarding securities business licensing in Thailand, which was announced by the Ministry of Finance four months prior. While existing license types are broader, and subject to high-level conditions and compliance levels, the two new licenses are more specific and may be more suitable and cost-effective for operators whose activities are limited to a narrower scope of securities business. The details of the two new license types—the Type E Securities Business License and the Private Fund Management License—are as follows: Type E Securities Business License A Type E Securities Business License covers the following business activities: Equity brokerage Equity dealing Equity underwriting Investment advisory service Securities borrowing and lending Operators eligible to apply for a Type E License include: securities companies; commercial banks; life insurance companies; special-purpose financial institutions; and, Thai incorporated companies. Private Fund Management License Previously, business operators who only intended to conduct private fund management business had to apply for a Type C license—a broad category of license covering mutual fund management, private fund management, brokerage for investment units or trust certificates, and so on. The new Private Fund Management License provides a more targeted alternative to the Type C license, which is subject to higher license fees and more comprehensive compliance requirements. New applicants for a securities business license may now specify one of the additional license types when applying to the Ministry of Finance through the SEC. Holders of existing securities business licenses can also apply to change to one of the new license types.
March 10, 2021
Getting the Deal Through – Licensing 2021, published by Law Business Research (part of the Lexology network), provides a comprehensive guide to licensing in 18 countries around the world with contributions by several leading international law firms. Alan Adcock, partner and deputy director of intellectual property, Siraprapha Claassen, consultant, and Kasama Sriwatanakul, attorney-at-law from Tilleke & Gibbins’ Bangkok office, co-authored the Licensing 2021 Thailand chapter, which covers the following topics: Laws: Unfair Contract Terms Act, Trade Competition Act, pre-contractual disclosure, registration of international licensing, implied obligations, Civil and Commercial Code, Trademark Act, Patent Act, and Trade Secrets Act. Intellectual property issues: Paris Convention for the Protection of Industrial Property, PCT, TRIPs. Contesting the validity of licensor’s IP rights, invalidity and expiry of IP rights, evidence of use, licensing unregistered IP, opposability requirements, sub-licensing, co-owners, trade secrets, and copyright. Software licensing: perpetual licensing, import/export restrictions, improvements and modifications, user restrictions, and legal developments. Competition law: Trade Competition Act, specific restrictions on licensing agreements, and significant court decisions. Indemnification, disclaimers, and damages: prevalence and enforceability of indemnity provisions and contractual waivers of damages. Termination: conditions, indemnity, agency, and impact on sub-licenses. Bankruptcy: impact of licensee bankruptcy on licensor and vice versa, protection, and rights to terminate. Dispute resolution: governing law, arbitration, enforcement, injunctions, contractual waivers Royalties and payments: currency conversion, tax, remittance restrictions, and jurisdiction-specific payments. The Thailand chapter is available below as a PDF. Tilleke & Gibbins also contributed the Vietnam chapter to Licensing 2021. To browse all 18 jurisdictions covered by the guide, please visit the Getting the Deal Through website.