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ResourcesCorporate and Tax AdvisoryThailand Corporate LawMore Than One Thai Amity Treaty Certificate?

More Than One Thai Amity Treaty Certificate?

Transcript of the above video: 

As the title of this video suggests, we are discussing Amity Treaty Certification. For those who are unaware, it is possible for American citizens to own their company's outright here in Thailand notwithstanding the provisions of the Foreign Business Act. The Foreign Business Act is something that has come to the foreground here in Thailand recently as we are seeing Thai Police including Immigration Police, now getting involved in the scrutinizing of corporations here in Thailand utilizing nominee structures. 

Americans do not necessarily have to avail themselves of anything akin to a nominee structure because Americans can own their companies outright pursuant to the US-Thai Treaty and the national treatment provisions contained therein. Something to bear in mind with respect to the Amity Treaty process though is it requires a Certification process and the outcome of that is a certificate is issued that notes the type of business activity that the company will undertake.

This is a question that gets posed to me from time to time is people will say "well we are expanding into this different business area, do we need another certificate?" You may, you may not; the company may or may not. It depends on the underlying circumstances. Generally speaking, if the new business activity is wildly different than the original business activity for which the company was certified for, yeah you are probably looking at a situation where you may need another certificate although that may not necessarily be the case as such matters are driven by the underlying facts in the given situation.