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Reminder About Amity Treaty Companies During Thai Corporate Nominee Crackdown?
Transcript of the above video:
As the title of this video suggests, we are discussing Amity Treaty companies. Basically we're discussing this in the context of - for those who are unaware, and I have discussed this many times throughout the past roughly 2 months on this channel, and now we're seeing it in earnest - there is a heavy crackdown regarding so-called nominee companies here in Thailand.
The definition of a nominee can get kind of complex. Long story short, there are clear nominees which are folks that just aren't even having anything to do with the corporation at all. They are just on the corporate shareholder list purely to meet the formalities associated with the Foreign Business Act here in Thailand. Now again, the definition of a nominee. Look somebody who happens to be on a company and is dealing with corporate matters day to day, that basically to my mind and every definition of a nominee that I've ever read about in Thailand, does not meet the definition of a nominee. You really have to be just a completely uninterested, just purely formality driven shareholder to be a nominee.
That said, there is heightened scrutiny associated with these things, and during this time, I think it's worth pointing out maybe yet again, that the US-Thai Treaty of Amity accords Americans the ability to do business here with "national treatment" under the terms of the Treaty. What that means is Americans can own their companies 100% in Thailand, so they can do business again with "national treatment" through a corporation and they can own their company outright. That is a big difference from those who have to set up pursuant to the Foreign Business Act and thereby have to deal with such formalities as possibly 49/51 in terms of a Thai being the 51% shareholder or deal with a Foreign Business License etc.
So again, depending on your situation, and again it's going to be driven by the underlying facts in the case, because certain things are not covered by The Amity Treaty, but most things are and if you're looking to simply set up a small business here in Thailand, the US-Thai Treaty of Amity is a heck of a benefit. It allows for those who are doing business here in Thailand again to own their companies 100% and therefore they don't have to worry about these "nominee issues" here in the Kingdom of Thailand.
