Active vs Inactive Directors – What You Must Know
Foreign executives and board directors are essential to many Thai companies, but under Thai law, holding a director title does not automatically exempt you from immigration and labor compliance. Whether you are “active” or “inactive” matters more than your job title — and misinterpreting this can result in serious legal consequences.
🔍 What’s the Difference?
✅ Examples of “Active” Behavior (Considered Work Under Thai Law)
- Signing official company documents
- Attending board or internal meetings
- Directing Thai staff or consultants
- Conducting business negotiations
- Living or working from Thailand on a regular basis
🧍♂️ Examples of “Inactive” Status
- Resides permanently abroad
- No signing authority or executive role
- Listed only for legal structure/shareholding
- Never involved in Thai operations or decisions
⚠️ Common Misconceptions – And the Truth
🛂 Which Visa Should You Apply For?
💼 About SMART Visa “E” (for Executives)
- Valid for up to 4 years
- No need to apply separately for a Work Permit
- Requires income of THB 200,000/month and employment in a targeted industry
- Eligible to bring spouse and children (with work/study rights)
📖 Learn more: smart-visa.boi.go.th
📌 Final Advice from Fig Tree Thailand
At Fig Tree, we work with foreign executives, entrepreneurs, and investors to ensure full compliance with Thailand’s business immigration laws. Whether you are a founder, CEO, or international board member, we’ll help:
- Assess your risk as active/inactive executive
- Choose the right visa path
- Obtain Work Permits or SMART Visa certification
- Communicate your role properly to immigration and labor authorities
📩 Contact us today for expert assistance and long-term peace of mind.