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ResourcesCorporate and Tax AdvisoryThailand Corporate LawAmity Certification Issues with Thai Company Setup

Amity Certification Issues with Thai Company Setup

Transcript of the above video:

As the title of this video suggests, we are discussing the US-Thai Treaty of Amity. For those who are unaware, the Treaty is very useful for American citizens because pursuant to the provisions of the Treaty and notwithstanding the provisions of the Thai Foreign Business Act, it is possible for an American Company to be owned 100% by Americans or an American Corporation here in Thailand. So American Companies can be 100% American owned in Thailand so long as they are certified under the US-Thai Treaty of Amity. 

Again, not to get too deep into this, the Foreign Business Act here in Thailand places restrictions on the types of business foreigners can do and in most cases, the vast majority of cases in fact, you are going to see a situation where the foreign national in this case even if it is an American if it doesn't have Treaty Certification I should say, where the foreign national can only own 51%. With the US Treaty of Amity, it is possible for an American to do business under a 100% American owned entity.

Now this video is more about practicalities associated with dealing with initial company setup. We often see this in the context of folks coming in, looking to set up a company and get a Business Visa and Work Permit and one of the major issues associated with this is timing of Certification. We often see that, this process takes a little bit of time. You not only have to set up the company, you also have to get it certified and timing can be a major issue especially where Work Permits and Visas are concerned. For this reason, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.