Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

ResourcesCorporate and Tax AdvisoryThailand Corporate LawCan Only Americans Work for an Amity Treaty Company in Thailand?

Can Only Americans Work for an Amity Treaty Company in Thailand?

Transcript of the above video:

As the title of this video suggests, we are discussing the Amity Treaty here in Thailand and whether or not only American citizens are allowed to work under an Amity Treaty structure.

First question you have to ask yourself is define "work". Now as we have discussed in other videos, the US-Thai Treaty of Amity for those who are unaware, it is a Treaty between the United States and the Kingdom of Thailand which grants American citizens in Thailand the ability to essentially do business with national treatment so long as certain formalities are maintained. So, an American can set up a Thai Company and they can gain American Amity Certification for that Company. Once they do, notwithstanding the provisions of the Foreign Business Act, that individual can run their company and own it 100%. People of other nationalities oftentimes have to have a 49/51 structure in favour of a Thai in order to be in compliance with the Foreign Business Act. The Amity Treaty essentially sets aside those requirements for Americans.

Now the question becomes what if a non-American, a third country national, wants to work in that Company? Well if they are an employee, it is a Company like any other. Thai Companies can hire foreign Nationals so it is possible but also note, Americans need to be the only; generally speaking it is American and Thais that are shareholders and directors so I doubt you are going to find a situation where, in fact I would say to a near 100% certainty you would ever see a situation where a third country national could be on the Board. It may be possible to hire that individual as an employee depending on circumstances and the same rules apply with regard to Work Permit and all the formalities associated with that. Those same formalities apply to an Amity Company as would apply to any normal standard Thai Company.