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ResourcesThailand Real Estate & Property LawThailand Condominium LawCan Thai-American Amity Treaty Companies Own Condos?

Can Thai-American Amity Treaty Companies Own Condos?

Transcript of the above video: 

As the title of this video suggests, we are posing the question, can Amity Treaty Companies own condos here in Thailand. I've done another video contemporaneously with this one where we have discussed whether or not Amity Treaty companies can own land and it's very clear Amity Treaty Companies cannot own land. 

Again to the preface the rest of this video, you have got to understand, first of all there is a thing called the Foreign Business law here in Thailand or the Foreign Business Act which basically says Thais must own 51% or more of a given company with a foreigner involved in it in a lot of the different types of business fields that you would engage in here in Thailand. There are even exceptions to the Foreign Business Law, I am not going to get into that in this video. But long story short, pursuant to the National Treatment provisions of the Amity Treaty, American Companies can be owned 100% in spite of the Foreign Business Law because businesses and Americans are given “National Treatment” when it comes to corporate ownership here in Thailand, meaning again an American can own 100% of the shares for example in an Amity Treaty Company. 

Now the question posed by this video is can said Company then own a condo? Interesting question. As we discussed in the video regarding land, it's clear that land ownership, land trading is not allowed under the Treaty. But bear in mind, the Treaty was promulgated, or I should say perfected or the iteration of it was ratified by the US Senate in 1966. The rules regarding the Thai Condominium Act did not come about until I think sometime in the '90s maybe the '70s. In any event, I believe the Thai Condominium Act came later so I've had the question posed to me in the past, can an Amity Treaty Company own a condo. I would say theoretically yes. Let me be clear, I've never actually perfected corporate ownership of a condo for an American Treaty Company. In theory I can see a scenario where it may be possible but again there are specific provisions that deny Amity Treaty Companies the ability especially to “trade” in land; that can be interpreted rather broadly. Again, the Amity Treaty was never, or at least the iteration that came about in 1966 was never designed to allow foreigners of any kind including Americans, any type of use of Thai real estate. 

So again, I don't think, I would put it like this, trying to use an Amity Treaty Company to own a condo here in Thailand in a legal sense is much like building your house on sand.