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ResourcesCorporate and Tax AdvisoryThailand Corporate LawWhy Is the US-Thai Amity Treaty Important for Doing Business?

Why Is the US-Thai Amity Treaty Important for Doing Business?

Transcript of the above video:

As the title of this video suggests, we are discussing the US-Thai Treaty of Amity. Somebody who wasn't really familiar with the Amity Treaty asked me the other day and I thought it was a good title for video, "What is so important about the US-Thai Treaty of Amity for purposes of doing business in Thailand?" My answer was “it allows you to do business in Thailand, if you are an American”. 

So for those who are unaware American citizens notwithstanding the provisions of the Foreign Business Act which generally speaking either place a lot of restrictions on foreign nationals doing business here or essentially by default require them to have a 51% Thai shareholder on their business structure, the Amity Treaty type of business, a Company that is certified under the provisions of the US-Thai Treaty of Amity, that kind of business can be granted what is called national treatment in Thailand; so it is treated as if it is a Thai company meaning it can have 100% American shareholders. Notwithstanding the provisions of the Foreign Business Act which usually require 51% shareholders be Thai, that type of company once certified, is treated as a national; it is treated like a Thai Company and therefore it can do business without the need of Thai shareholder involvement. That is a substantial benefit to Americans doing business here in Thailand. I mean like I said it basically allows us to do business in most sectors essentially on par is if we were a Thai Company. So it is a substantial benefit and one that should not be underestimated.