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ResourcesCorporate and Tax AdvisoryThailand Corporate LawIs Amity Certification of a Thai Company "Hard to Do"?

Is Amity Certification of a Thai Company "Hard to Do"?

Transcript of the above video: 

As the title of this video suggests, we are discussing, well we are discussing whether it is hard to do Amity Certification of a Thai Company. 

I am making this video because this is kind of one of these anecdotal things; I have heard it in the last like month a couple of times. So I don't know if people are talking to other legal service providers who don't know what they are doing, or they are talking to legal service providers who are trying to sort of nudge them into something that is more maybe beneficial to the legal service provider, or something that they are better equipped to handle, I don't know. But I have talked to a few people recently where they have said, "yeah I have talked to somebody else and they have said, BOI is better than Amity Certification because Amity Certification is difficult to do. They don't like doing it or something like this." 

Nothing could be further from the truth in my experience. I mean if you know what you are doing with Amity Certification, it's a fairly straightforward process. You basically have a Thai Company, again as I have discussed in other videos, the provisions of the US-Thai Treaty of Amity accord Americans was called National Treatment as it pertains to doing business in Thailand. So those types of companies, if 100% owned by an American or Americans is perfectly feasible; it just needs to be certified under the terms of the Treaty of Amity. And how is that done? Well it's done by going through the process, dealing with the US Embassy here, dealing with the Ministry of Commerce, getting the Certification done. Then once it's finished, you own the thing. It's I would argue no more onerous or difficult than BOI Certification, Eastern Economic Corridor Certification; it is definitely no more onerous than Foreign Business licensing under the Foreign Business Act. 

So I don't know where people get this impression that it's somehow some onerous task. It has been framed to me, again, I have been hearing this the last month, six weeks, from a few different places, it has been framed to me in a sense that the implication was, "oh that's difficult to the point of impossible". Well again, nothing could be further from the truth. For those who are looking for information about setting up a company in Thailand, gaining Amity certification to be able to own your company out right here in Thailand, it may be a good idea to contact a legal professional, gain some insight and guidance into how best to proceed.