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Is There an Exemption to the Three Shareholders Rule for Thai Amity Treaty Companies?
Transcript of the above video:
As the title of this video suggests, we are discussing companies which are certified pursuant to the provisions of the US-Thai Treaty of Amity. For those who are unaware, Companies in Thailand that are American and are certified as such, can gain what is called national treatment under the terms of the Treaty whereby they can be treated as a Thai Company for all intents and purposes. What does this mean? Well it means that American certified companies can be 100% foreign owned so long as the foreign ownership in question is American ownership, again because such companies are granted national treatment. This is in spite of the fact that there is a Foreign Business Act in Thailand which generally results in the requirement that foreigners looking to do business in Thailand have to set up entities which are 51/49, 51% Thai, 49% shareholding by a foreign national. Again under the Amity Treaty, Americans are exempt from this because American Companies in Thailand are granted national treatment.
The question posed by this video is, there is a rule in Thailand which requires three shareholders for Limited Company formation here in Thailand, and the question posed is does Amity Certification somehow get you out of that? The answer is no, because all Amity Certification, well not all, but the benefit Amity Certification grants is national treatment; to be treated like a Thai Company. Well even Thai Limited Companies need to have a minimum as of the time of this video, a minimum of three shareholders in order to be properly formalized under Thai Law and this is going to apply to an American Amity Treaty Company as well because even though they are treated like a Thai Company, Thai Companies are required to adhere to this rule as well.