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ResourcesCorporate and Tax AdvisoryThailand Corporate LawAmity Treaty Certification Process, B Visa, and Thai Work Permit Issuance?

Amity Treaty Certification Process, B Visa, and Thai Work Permit Issuance?

Transcript of the above video: 

As the title of this video suggests, we are discussing Amity Treaty Certification on top of the sort of standard process of dealing with a company setup as well as Business Visa and Work Permit issuance. The reason for this video, there are tons of videos, especially on this channel, and content out there about each of the different processes if you will for getting a company or getting your Work Permit or getting your Business Visa. This video is sort of an overview, an umbrella if you will, of how all of that works. What are we talking about?

Well so when we are forming companies here in Thailand, especially for foreigners, we also have to keep in mind all the special protocols that go into dealing with a foreigner getting their Business Visa and Work Permit. And by the way, other companies especially Thai-centric law firms and accounting firms, they don't look at the process the same way as we do. We look at it from the standpoint of a foreigner looking to come here to do business. Standard Thai Law firms and Accounting firms, will look at it from the standpoint of, "oh they just need a company. Okay here's your company." Well you need a lot of extra documentation: Tax Certification certain types of Labour Certification, Social Security filings etc., specifically associated with getting a foreigner a Work Permit and Visa. That is a very different animal from what a Thai-centric Law firm is going to look at because they are primarily dealing with folks that are Thai, and they don't have those specific issues that they need to deal with in terms of getting Visas and Work Permits. Also unfortunately, there are a lot of less than reputable actors over here with “so-called” law firms that try to get people's money in sort of this piecemeal fashion and leave them, in a sense, they sort of do things by omission. They say, "oh you need a company. Here is your company." Well it's a basic company; it's like an inert entity; it has no functionality; it can't really do anything. It is what it is. It's incorporated, but if you're a foreigner here, to work you need a Work Permit; to be here legally you need a Business Visa to do that, to act as a platform for the Work Permit, these are things that kind of leave out. The point I am trying to make is we do this from sort of a holistic approach. You come to us and get set up - and I have discussed that in other videos - basically from your perspective, other than showing up a couple of times where we tell you to show up to get things like your Work Permit and your Business Visa issued, it's kind of a one stop - I hesitate to say Turn Key - but from the corporate documentation side, we handle what needs to be handled in order to get you into the proper status to live and work here in Thailand. 

On top of that, if you are an American, as we have discussed in other videos, the US-Thai Treaty of Amity it provides "National Treatment" to Americans looking to do business here in Thailand through a Thai entity, which means that notwithstanding the provisions of the Foreign Business Act which often requires a 49/51 foreign to Thai ratio in terms of the shares, American businesses through this "National Treatment" under our Treaty, once a company is certified as American, we can own our companies outright here in Thailand. What does that mean? Well that means they are for all intense and purposes treated like a Thai company, but an American can own their business outright. That is a separate process from just the company set up, Work Permit and Business Visa application, but it is a process that can affectively be operating, we can be working on it at the same time we are getting things like Business Visas and Work Permits issued. 

So again, those who feel a bit overwhelmed about this stuff, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.