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ResourcesCorporate and Tax AdvisoryThailand Corporate LawIs Corporate Wind Down Different for Thai Amity Treaty Companies?

Is Corporate Wind Down Different for Thai Amity Treaty Companies?

Transcript of the above video:

As the title of this video suggests, we are discussing Amity Treaty Companies and specifically we are discussing wind down. What are we talking about? Corporate dissolution, basically you want to go ahead and close your businesses. Is there any major difference between closing a business as an Amity Company and closing business which is not an Amity Company? 

So for those who are unaware, the US - Thai Treaty of Amity grants certain preferential treatment or relatively preferential treatment to Americans and American Companies looking to do business in Thailand. In short, under the terms of the Treaty, American Companies or Companies deemed to be American, so Thai Companies with more than 51% share ownership being in a foreign national's be it an American, if it's American's name that Company can be certified under the provisions of the US-Thai Treaty of Amity and can be granted national treatment. So it will be treated in the same manner as a Thai Company would be treated from a legal perspective and this is notwithstanding the provisions of the Foreign Business Act. So even though the Foreign Business Act generally requires as a practical matter, that a company be 51/49, so 51% Thai owned, 49% foreigner owned, an Amity Treaty Company doesn't have to be that way, it can be 100% American owned.

But does it change anything with respect to Corporate wind down? Not really, none that we have ever seen and we have done a number of corporate wind downs here in the company and quite frankly it doesn't have a major impact because in my opinion they get national treatment, they are treated just like Thai companies. So from the practical standpoint of a wind down or dissolution, it is basically the same thing as winding down a Thai Company.