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Amity Treaty Negates Need for Nominees in Thailand?

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, there is a Treaty between the United States and Thailand. It's been in effect for I believe at this point 192 years and it codifies our 200-year diplomatic relationship or relationship that is codified in the diplomatic text of the Treaty, the latest iteration of the Treaty being from 1966. As discussed in other videos, the major benefit of the Treaty is that Americans are granted "national treatment" for doing business in Thailand and as I'll get into here in a moment, this is actually very beneficial especially in light of this crackdown on nominees here in Thailand.

I thought of making this video after reading a recent article from the Pattaya Mail, that is pattayamail.com, the article is titled: The wake-up call from Koh Phangan: A paradigm shift in Thailand's regulatory enforcement. Quoting directly: "The tranquil shores of Koh Phangan, traditionally known for its vibrant tourism and "Full Moon" Festivities, have recently become the epicentre of a seismic shift in Thailand's legal landscape. The recent stringent scrutiny and subsequent actions against foreign owned businesses on the island are not merely isolated incidents of local law enforcement; they represent a systemic dismantling of the long-standing "nominee culture" that has permeated the Thai economy for decades. For the expatriate community and international investors in Pattaya and beyond, Phangan is a stark wake up call. The message from the authorities is clear. The era of "Grey Area" operations is reaching its terminal point."

Yeah, and I urge those who are watching this video, go check out that article in further detail in the Pattaya Mail. The author points out there are ways of legally doing business in Thailand and not needing nominees, and they point out the Board of Investment, they point out the Foreign Business License, but one thing that was left out of the article was the Amity Treaty. Again, the US-Thai Treaty of Amity allows Americans to own Thai businesses 100%; they're able to own all the shares in the corporation. That is a major, major benefit. That is something that basically no other nationality that I'm aware of in Thailand gets "National Treatment" under those circumstances, under those conditions. As a result, there's no need for nominees for Americans. 

Now again, these “nominee structures” so-called - not every company that's a 49/51 is a nominee per se. As I've discussed in other videos, if they are actively involved in the company etc., then they may not be in nominee; they may be a legitimate business set up. 

That said the purpose of this video is to remind folks that notwithstanding other options, including again Board of Investment, Eastern Economic Corridor may provide some benefits, there may also be benefits under the Foreign Business Act itself - in the form of a Foreign Business License - there may even be like industrial estate benefits that can be gained by Foreign Nationals in order to be in compliance with Thai Law and have substantial control over a Thai business concern. 

That being said, it's important to point out the Amity Treaty still exists and it's still a viable option for Americans looking to do business here in the Kingdom of Thailand.