Unlocking foreign business restrictions

Newly exempted service businesses 

Services within a corporate group 

The regulation expands the exemption for support services provided within parent–subsidiary groups or between affiliated companies. The covered services include: 

• Administrative, human resources and IT management services: Services provided between affiliated companies are exempt where the relevant affiliation criteria are met. These may include a shareholding of at least 25% or more than half of the authorised directors being shared. 
• Domestic debt guarantees: Guarantees between affiliated companies are exempt where the relevant affiliation criteria are met. These may include a shareholding of at least 50% or more than half of the authorised directors being shared. 

Securities and derivatives businesses 

To support capital market transactions, the businesses exempted from licensing have been added and revised, including: 

• Lending money for securities purchases and purchasing securities with repurchase agreements (short-term borrowing transactions using securities as collateral). 
• Derivatives activities, including dealing, advisory and fund management services. The exemption also covers the circumstances described in the regulation where the underlying goods or variables, such as exchange rates or interest rates, are not directly governed by derivatives laws, or where payments based on exchange rates or interest rates are made outside a trading centre. 

Treasury center and telecommunications businesses 

• Treasury center: Serving as a hub for managing liquidity and foreign currencies for a group of companies in accordance with exchange control laws. 
• Telecommunications businesses: Specifically businesses operating under a Type 1 license without their own telecommunications network, such as bandwidth resellers or communications platform providers. 

Other service

• Partial space rental services: Providing space for ATMs or vending machines for employees. 
• Petroleum drilling services: Services provided by contractors with direct agreements with concessionaires or production-sharing contractors under petroleum laws. 

This Ministerial Regulation offers significant benefits for corporate structuring and management, particularly for multinational groups establishing shared services. Affiliated companies can provide qualifying administrative, IT and treasury services more efficiently without the time and cost of applying for a FBL. The change can also support stronger corporate governance and regulatory compliance in line with international management standards, while reducing administrative paperwork associated with preparing board and shareholders’ meetings. 

Reference (in Thai): 

• Ministerial Regulation Prescribing Service Businesses Not Subject to Foreign Business License (No. 5), B.E. 2569 (2026). Retrieved from The Royal Gazette.