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ResourcesCorporate and Tax AdvisoryThailand Corporate LawWhat Are the Criteria for Getting a Thai Company Amity Treaty Certified?

What Are the Criteria for Getting a Thai Company Amity Treaty Certified?

Transcript of the above video: 

As the title of this video suggests, we are discussing Thai Companies. Specifically we are discussing Thai Companies certified under the provisions of the US-Thai Treaty of Amity. For those who are unaware, under the provisions of that Treaty, an American owned company in Thailand can gain "National Treatment" so it can be treated as if it were a Thai Company. For purposes of the Foreign Business Act this is a substantial benefit because essentially anyone operating under that Company it is treated as if it was Thai and most importantly, Americans can own that Company virtually 100% if it is one person. All Thai companies have to have three shareholders at least under present law and so for this reason you often will see three shareholders on a Thai Company but you might see one American and then like two Thai shareholders who maybe own one share a piece or if you have got three Americans out there it can be all Americans, the whole Company.

The more pertinent question for this video is how do you get it certified? What are the qualifications? Well the main one is being American and if it is an American Corporation operating here through a branch office structure or where it is owning shares in a Thai subsidiary here in Thailand then documentation regarding the Americanness if you will, of the American Company has to be provided. There are a number formalities associated with that. With respect to American individuals as shareholders it is basically proving up one's American nationality and you have to deal with the US Embassy here and the Commercial Service to go ahead and process that kind of thing through. 

So essentially it is just a matter of proving up that the underlying shares are owned by an American, Americans or an American Corporation or Corporations in order to be able to go ahead and gain the benefits of Amity Treaty Certification here in the Kingdom of Thailand.