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ResourcesCorporate and Tax AdvisoryThailand Corporate LawCan a Thai Company Be Better Than an Amity Company?

Can a Thai Company Be Better Than an Amity Company?

Transcript of the above video:

As the title of this video suggests, we are comparing Thai Companies if you will to Amity Companies. For those who are unaware, the provisions of the US-Thai Treaty of Amity allow American citizens and American Corporations to own operations operating in Thailand virtually 100% notwithstanding the provisions on the Foreign Business Act which may otherwise prevent the businesses of other nationalities from doing business that way. 

I get this question sometimes which is, "Is there any upside/downside to Amity versus a standard Thai Company?" which would presumably be a Company that is majority Thai, 51% Thai if you will. My answer is, "Well that depends." There are restrictions. The Amity Treaty is not infinite if you will. There are restrictions to it, most notably things like land ownership under an Amity Company are specifically barred. There are other considerations with respect to Amity Companies that you have to take into account. I mean there are just restricted occupations even within Amity Companies where if you are looking to engage in that kind of business you may need to go ahead and have a Thai partner to be able to engage in that kind of business. 

Again, this is going to be very factually dependent so those who are concerned about the limitations of the US-Thai Treaty of Amity, it may be a good idea to go ahead and contact a legal professional in order to gain some insight and guidance into how best to proceed.