The following article compares and contrasts the process of setting up a company in the United States of America and the Kingdom of Thailand.

As the Earth becomes increasingly socially, economically, and politically integrated through the process of globalization it becomes evermore important to comprehend the relative benefits of company incorporation in multiple jurisdictions. Furthermore, as corporations (big and small) require more international presence in order to adequately conduct business it is increasingly urgent to have a basic understanding of the legal peculiarities specific to certain jurisdictions.

In some jurisdictions within the United States it is somewhat easy to register certain corporate structures. Although, those wanting to establish a company in America are prudent to seek competent legal advice in order to ensure that all formalities are duly met. Furthermore, an attorney can give guidance as to the best type of corporate structure based upon the type of business one wishes to conduct. In certain cases, an attorney from the USA can provide counsel regarding possible tax implications as well as the fiduciary obligations and privileges arising from the incorporation of a company.

In some ways, it is rather simple to acquire limited liability in many of the jurisdictions of the United States. Even though maintaining limited liability could prove somewhat cumbersome for certain individuals and corporations. In Thailand, establishing a limited company can be a very difficult endeavor. Couple this with the fact that there are a great many legal restrictions placed upon foreign nationals doing business in Thailand and one is left with little option, but to seek competent Thai legal counsel in order to adequately protect one's personal as well as corporate interests.

One area in which Thailand's system of corporate governance differs markedly from that of the United States is maintenance of corporate records. In the USA, it might be possible to incorporate a so-called "shelf company". In the Kingdom of Thailand, this is not the case, "shelf companies" do not exist in a practical sense due to the accounting and bookkeeping requirements that come "part and parcel" with Thai corporate regulations. One other issue of note is that the law in Thailand may place criminal penalties upon those who fail to comply with Thai regulations regarding corporate informational reporting.

Due to these somewhat burdensome requirements, those wishing to engage in business in the Kingdom of Thailand are prudent to conduct research and due diligence prior to investing money, expending resources, or incorporating a juristic person within the jurisdiction. In some cases, it may be best to retain counsel to provide advice regarding the best way to incorporate a Thai company. This is even more significant when a foreign company wishes to establish a subsidiary in Thailand in the form of a branch office, limited company, or representative office; as there are many legal and tax implications that may arise from multi-jurisdictional corporate transactions.