Legal Services & Resources
Up to date legal information pertaining to Thai, American, & International Law.
Contact us: +66 2-266 3698
Heightened Thai Government Scrutiny of Amity Treaty Certification?
Transcript of the above video:
As the title of this video suggests, we are discussing so-called heightened scrutiny from the Thai Government associated with a business which is operating here in Thailand pursuant to the terms of the US-Thai Treaty of Amity. For those who are unaware, for Americans and American businesses it may be possible to go ahead and do business with what is called national treatment here in Thailand. So for example there is a piece of legislation in Thailand called the Foreign Business Act. This is essentially requires many businesses looking to operate in Thailand that are foreign owned, have a 51/49 Thai to foreign shareholding ratio. This means foreigners coming to Thailand are going to have to do business with essentially a Thai partner or they need to go ahead and seek a Foreign Business License which can be rather cumbersome and there's not a foregone conclusion that they can be issued or there are things and we made a video on this sort of contemporaneously with this one, there are things like BOI Certification under the Board of Investment. Setting that aside, Americans pursuant to the terms of the US-Thai Treaty of Amity, can do business in Thailand with so-called national treatment. That means that they are treated the same way as a Thai national and that means that an American for example can own virtually 100% or a group of Americans can own 100% of the shareholdings of a Thai Company. The same could be said for an American corporation doing business here in Thailand depending on the type of structure they are doing they are able to gain sort of national treatment recognition as well.
What does that mean? It means that they can do business like a Thai company; they don't need 49/51%, they can do business 100%. The question is, is there ongoing scrutiny from the Thai Government associated with that Amity Treaty Certification?
As I discussed earlier, we have done a video contemporaneously with this one where we were talking about Board of Investment Certification and in that video I said yeah, there is a certain level of extra scrutiny associated with maintaining BOI Certification. With regard to Amity Certification however, as long as the overall shareholding remains the same, remains constant and remains majority or exclusively Thai and American possibly with the majority of the shares being held by an American, no, there is really no ongoing scrutiny other than the initial scrutiny associated with the certification as a company which can receive protection pursuant to the US - Thai Treaty of Amity.