We assume that your actual duties and responsibilities to be provided to Hitachi Group fall under scenario 2 as stated in our email to Khun Anantaya dated 8 January 2016, i.e. HAS-TH will only search for outsource payroll service company and coordinate between them to enter into separate agreement. HAS-TH will receive service fee from the said introduction/ coordination. In this case, the said business will be considered as “broker business” and the service fee to be received from Hitachi Group will be considered as “commission fee” which is out of scope of BOI-TISO/IPO and the exception of foreign business licence under Foreign Business Act.
Therefore, if HAS-TH insists to provide the above service, HAS-TH is required to apply for and receive the foreign business licence prior to commencement of the said business which will take approximately 3-6 months and whether or not the licence would be granted, it depends on the internal policy of the Department of Business Development at that time.