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ResourcesCorporate and Tax AdvisoryThailand Corporate LawCan Non-Americans Be Involved with Thai Amity Treaty Companies?

Can Non-Americans Be Involved with Thai Amity Treaty Companies?

Transcript of the above video: 

We have discussed at length on this channel the issue of the US-Thai Treaty of Amity. For those who are unaware, there is a Treaty, it is a bilateral Treaty between the United States and Thailand. It provides "National Treatment" to Americans doing business here in Thailand, specifically American businesses here in Thailand. What does that mean? As a practical matter, it means American citizens, notwithstanding the provisions of the Foreign Business Act which generally will require foreign nationals to have a 49/51 type setup in terms of ownership for their corporation here in Thailand, Amity Treaty Companies can be 100% owned by Americans or American companies. So, the thing to take away from this video and understand is yes, Americans can own their businesses out right here in Thailand. 

Now moving forward, can foreigners, can other non-American foreigners be involved in such companies? The answer is it is possible for them to be involved but for Amity Treaty benefits to attach, to vest into a company here in Thailand, first of all the company needs to be certified under the Treaty of Amity - that's its own process, we have discussed that in other videos - but then on top of that, it has to maintain the type of ownership that's covered under the Treaty, i.e. American primary ownership of the Corporation itself. If foreigners are involved in ownership, it could jeopardize the Treaty Certification, it could jeopardize the Treaty benefits and result in that company being treated as if it's a normal Thai Company and therefore subject to if you will to the vagaries of the Foreign Business Act.