Transcript of the above video:

As the title of this video suggests, we are sort of comparing and contrasting the difference between a standard Thai Company setup, and what I mean to say when I say that is sort of a standard Thai Company set up in line with the Foreign Business Act. 

For those who are unaware, foreign nationals in Thailand must be in compliance with the Foreign Business Act when incorporating a business entity. Now there may be ways to be in line with that, for example The Amity Treaty which I will get to in a minute, but even BOI Concessions etc., there may be ways to be in line with the FBA that are essentially sort of circumventions if you will of the Foreign Business Act itself. But for purposes of this video, what we are talking about is a standard 49/51 Company. So this is a company that is in line with the Foreign Business Act by dint of the fact that a foreign national only owns 49% total of the overall shares outstanding in the corporation thereby keeping it in compliance with the Foreign Business Act. As we have discussed in other videos, Amity Treaty Companies or companies that are certified pursuant to the terms of the US-Thai Treaty of Amity can avail themselves of 100% American ownership by dint of the National Treatment Clause within the Treaty itself, which basically states that Americans are granted "National Treatment" when doing business here in Thailand; Americans and American companies. So basically, Americans can own their companies 100% notwithstanding I should say the provisions of the Foreign Business Act. 

The question posed is comparing and contrasting the two and how to decide whether or not to utilize an Amity Treaty Company or not. One of the big questions first of all to be asked is are all the foreign participants in the proposed business enterprise American? Because if they are not American, then you are going to have all kinds of problems associated with American Amity Certification. I have gone into that in pretty good detail in other videos but again there may be scenarios where Americans are doing business, for example an American may be doing business with a Dutch passport holder who is doing business in Thailand; they want to set up a company and the Dutch passport holder is going to be a shareholder in that company. Well Amity Certification is not going to be available under that fact pattern, in those circumstances.

So the thing to take away from this video is there are differences between just a Standard Corporate setup in Thailand in compliance with the Foreign Business Act; there are differences between that type of setup and setup under the provisions of the US-Thai Treaty of Amity and notwithstanding the fact that the US-Thai Treaty of Amity may create benefits for an American doing business in Thailand, if you are involving other foreign nationals or foreigners of differing nationality from American nationality, it may completely change the analysis regarding whether or not Amity Certification is the most viable or the most effective means of creating a business entity here in the Kingdom of Thailand.