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ResourcesCorporate and Tax AdvisoryThailand Corporate LawCan an Offshore Company Own a Thai Amity Treaty Company?

Can an Offshore Company Own a Thai Amity Treaty Company?

Transcript of the above video:

As the title of this video suggests, we are discussing whether or not an offshore Corporation can own a Thai Company with Amity Treaty Certification. 

For those who are unaware, the US-Thai Treaty of Amity allows American citizens and American corporations to do business in Thailand with what is called National treatment. It also allows either an individual or an offshore entity to own a majority stake of a Thai Company notwithstanding the provisions of the Foreign Business Act so long as the corporate activity falls in line with the provisions of the Treaty of Amity itself.

So long story short, yes it is possible for an offshore company to own an American Company but it would have to comport with the provisions of the Treaty i.e. we are talking about an American Company probably, well not probably, it would have to be an American Company that would own especially majority stake in a Thai Company and that Thai Company would need to be certified under the Amity Treaty in order for that, you could call it a subsidiary I guess, in order for that entity here in Thailand to operate legally pursuant to the laws of the Kingdom of Thailand.