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ResourcesCorporate and Tax AdvisoryThailand Corporate LawThe US-Thai Amity Treaty and Corporate Registered Capital?

The US-Thai Amity Treaty and Corporate Registered Capital?

Transcript of the above video: 

As the title of this video suggests, we are discussing US-Thai Treaty of Amity Companies and Corporate Registered Capital. 

For those who are unaware, it is possible for Americans to own their companies in Thailand notwithstanding the provisions of the Foreign Business Act which stipulates basically for most types of business, foreigners can only own 49% unless they obtain a special Business License which is discretionary under the FDA. 

Meanwhile though, the US-Thai Treaty of Amity stipulates that Americans doing business in Thailand will be granted "National Treatment" in order to facilitate American ownership of companies in Thailand. What this means is pursuant to the Treaty, it is possible for Americans to own their businesses out right. Now that negates the need for anything akin to like a “nominee” or a Thai shareholder which we are seeing a lot of issues associated with nominee crackdowns here in Thailand in recent months. And the thing to take away from this video is to understand the Amity Treaty effectively negates the need for any of that; you can basically bypass all that as an American doing business in Thailand. 

Now that said, one of the main upshots that we have seen coming from this recent nominee Crackdown is more scrutiny being placed on Corporate Registered Capital. They are wanting to see more and more the documentation pertaining to Corporate Registered Capital - whether or not it is really there basically - and that is increasingly of concern; in the past, the rules were a little bit more relaxed regarding Corporate Registered Capital. So now, more and more we are seeing Amity Treaty Companies when we are setting them up, more scrutiny on documentation pertaining to the Registered Capital. 

That said, it remains to be seen exactly how all this is playing out. Overall, I still think the Amity Treaty is oftentimes the best method of Americans doing business in Thailand but again, it remains to be seen how all this plays out, so we will certainly be keeping folks updated on this channel as the situation evolves.