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ResourcesCorporate and Tax AdvisoryThailand Corporate LawHow "Easy" Is It to Certify a Thai Amity Treaty Company?

How "Easy" Is It to Certify a Thai Amity Treaty Company?

Transcript of the above video: 

As the title of this video suggests, we are discussing Amity Treaty Certification and the ease with which if you will, that's possible. 

Long story short, it's never prudent to say anything is easy to deal with in the legal system over here in Thailand. To say the least, and I'm not being pejorative here, it is quite Byzantine when you are dealing with this stuff. Now I have been dealing with Amity Treaty Certifications for years; I've assisted a number of clients with them over the years. Our own company is Amity Treaty certified because I initially came out here as an American notwithstanding the fact I became Thai in the interim, but long story short, I wouldn't say it's necessarily difficult if you know what you're doing. 

That being said, the person that sort of asked me if it was easy to set up a company or easy to get a certification, that’s not really the question. It might be easy for me but for somebody that's new, it's basically just a service. It's sort of like saying is it easy to file your own taxes? Well you can do it; there's nothing wrong with it. You can go try to certify an Amity Company on your own but do you really want to do that or do you just want to get on with doing your business? 

As we have discussed in many other videos, the Treaty of Amity is very, very beneficial for American people and businesses that are looking to set up out here in Thailand because it allows that company, notwithstanding the provisions of the Foreign Business Act, to do business as a Thai national, under National treatment as if you were Thai. So the Foreign Business Act is essentially superseded by the legal fiction of National Treatment under the Treaty basically. So major benefits having Amity Certification, but the notion that it's easy to do it, that's a little bit naïve.