Thailand published two ministerial regulations on 28 August 2026 concerning specified service and agency or brokerage activities. The exemptions depend on the conditions in the final regulations. Sector-specific requirements, including telecommunications, securities, exchange-control and petroleum rules, must still be considered.
What changed in 2026?
The Royal Gazette published one regulation addressing specified service businesses and another addressing specified agency or brokerage activities. The Ministry of Commerce subsequently stated that they took effect on the publication date. Counts in news headlines may group provisions differently: the final text, including its subparagraphs, should determine the assessment rather than a headline referring to seven or eight categories.
How do FBL and FBC differ?
An FBL generally refers to permission sought under section 17 of the Foreign Business Act for restricted activities in List Two or List Three. An FBC generally relates to rights under a treaty or international agreement under section 11, or to approvals under investment-promotion, Industrial Estate Authority or other relevant legislation under section 12. Their legal bases, procedures and document functions differ.
Which activities are covered?
The service regulation adjusts provisions concerning certain securities and derivatives services and adds activities subject to specific conditions, including:
- Specified telecommunications services under a Type One licence, without the operator’s own network, within the category permitted to operate under free competition.
- Treasury Centre activities under exchange-control law.
- Administrative management, human-resources and information-technology services between legal entities meeting the required relationship conditions.
- Intragroup debt-guarantee services meeting the relationship and domestic-debt conditions.
- Letting part of premises for electronic financial-service equipment or automated goods or service machines for employees.
- Specified petroleum-drilling services directly contracted between the service provider and a petroleum concessionaire, production-sharing contractor or service contractor under petroleum law.
The separate agency or brokerage regulation covers specified activities subject to its own conditions. Describing a business as management, IT or agency services does not, by itself, establish eligibility.
Does an FBL exemption remove other licensing requirements?
No. The regulations concern permission under the Foreign Business Act. Telecommunications activities still require assessment against NBTC licensing and activity scope; Treasury Centres remain subject to exchange-control requirements; securities, derivatives and petroleum services remain governed by their respective sector rules. Company-registration, tax, employment, data, construction and other obligations do not automatically disappear.
How should intragroup services, Treasury Centres and telecommunications be assessed?
For intragroup services, review the shareholding, control or relationship conditions in the final regulation, together with the recipients and contractual arrangements. A Treasury Centre must have the appropriate status under the applicable exchange-control framework. Telecommunications assessments should address the licence category, network ownership and whether the service falls within the regulator’s relevant category. Identical commercial descriptions can conceal different legal classifications.
What about software development?
Software development appeared in earlier policy proposals or explanatory material, but the newly added items in the final service regulation do not expressly list general software development as a separate exemption. Earlier proposals should therefore not be treated as evidence that software companies are universally exempt from FBL requirements. Actual deliverables, intellectual-property arrangements, customers, revenue model and any BOI or other legal basis need to be assessed.
How should a wholly foreign-owned company assess FBL or FBC requirements?
Wholly foreign ownership does not, by itself, establish either a requirement for an FBL or an exemption. Start with whether the company is a foreigner under the Act, then assess each intended activity against the restricted lists, the final exemptions, any BOI or other approval and relevant sector licences. Registered capital or the company’s stated objects alone do not settle the question.
What should be prepared for an assessment?
- Identify each product, service, customer type and revenue model.
- Compare the activities with the Act’s lists and the final 2026 regulations.
- Check group relationships, counterparties and where the services take place.
- Distinguish BOI, FBC, FBL and sector-licensing requirements.
- Reflect the assessment in company objects, contracts, invoices and operations.
- Seek clarification from DBD or the relevant authority before commencing an activity where its classification remains unclear.
An official clarification on circulating claims
On 7 September 2026, the Ministry of Commerce rejected circulating claims that seven broad categories, including hotels, tourism and restaurants, had been generally exempted. The changes should not be understood as a blanket opening of foreign service businesses.
How THAIHOUSING can assist
THAIHOUSING can assist with FBL and FBC applicability, activity classification, foreign-invested company formation, BOI and FBL/FBC applications, intragroup service contracts and sector-licensing pathways. The assessment should be based on the company’s actual activities and effective legal texts.
Official sources
Royal Gazette: specified agency or brokerage activities
Royal Gazette: service businesses, Regulation No. 5
Ministry of Commerce office: effective-date notice