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ResourcesCorporate and Tax AdvisoryThailand Corporate LawWhat Are the Benefits of Thai Amity Treaty Companies?

What Are the Benefits of Thai Amity Treaty Companies?

Transcript of the above video:

As the title of this video suggests, we are discussing the benefits of an Amity Company. 

For those who are unaware the US-Thai Treaty of Amity allows American citizens or American Corporations to be granted what is called "national treatment" for doing business here in Thailand. The upshot of this is for example an American can definitely own a majority of a Corporate entity in Thailand notwithstanding the provisions of the Foreign Business Act which stipulate that foreign nationals can only obtain 49% of most types of businesses here in Thailand. An American can go over that 49% and gain a majority. They can virtually own it outright. As we have noted in other videos, there is a rule that requires three shareholders on a Company by formality but it is possible if there are 20,000 shares outstanding, one person can have 19,998, while the other individuals could have one share each so that person with the bulk of those shares is going to we have pretty much total control over that Corporation. 

There are many benefits to the Treaty but the biggest one, well I should say that is the main benefit, but then the knock-on effects of that are profound. Other nationalities have to worry about certain issues associated with minority rights within a Corporation and things of that nature. It is not a big issue with respect to Amity Companies because presumably one is the majority shareholder of that Company. So I would say that there are many benefits but they all basically spring from the ability of an American to own a Company virtually outright here in the Kingdom of Thailand.