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ResourcesCorporate and Tax AdvisoryThailand Corporate LawAmerican Corporate Documentation and the US-Thai Treaty of Amity

American Corporate Documentation and the US-Thai Treaty of Amity

Transcript of the above video:

As the title of this video suggests, we are discussing the Amity Treaty. For those who are unaware, the US-Thai Treaty of Amity allows American Companies to do business here in Thailand with what is called National Treatment. So, depending on the circumstances of a given case, it may be possible for an American Company to set up some sort of branch office, subsidiary etc. here in Thailand which can operate as if it was a Thai National. This is very, very beneficial especially in light of the restrictions imposed on various foreign enterprises under the auspices of the Foreign Business Act. 

Long story short, what are we talking about in this video? We are talking about foreign corporate documentation. We especially see this when we are dealing with mostly a branch office structure where you have got an American Company that is looking to set up a branch under the Treaty of Amity. You have to deal with certifying that documentation and the certification process can be a little cumbersome. We have seen a lot of clients who get rather frustrated by the formalities associated with getting this documentation all certified and up to snuff for processing with both the US Embassy here as well as the Foreign Business Office here in Thailand in order to get that Amity Certification fully completed and that Company to be considered an American Company here in Thailand. 

The reason I am making this video is so that people understand that there is a lot of documentation that goes into certifying an American Corporation in this case in their activity here in Thailand if they are setting up a new subsidiary that may be wholly owned or primarily owned by an American Corporation or if they are dealing with again, a branch office set up. Again depending on the circumstances, you are going to see documentation required of varying levels and possibly varying volumes and then you have to see that documentation certified so that it will be adjudicated by possibly the US Embassy, the Commercial Service Section and then the Foreign Business Office. 

For those who feel that they are a bit overwhelmed by this process, and it can be quite overwhelming dealing with the intricacies of the interplay between these two governments, it is probably not a bad idea to contact a legal professional to gain some insight and guidance into how best to proceed.