Amity Treaty Company in Thailand

US-Thailand Treaty of Amity for Americans for 100% Foreign Ownership in Thai Business

Amity Treaty Company in Thailand - 100% Foreign Ownership for Americans

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An Amity Treaty Company in Thailand opens the doors to great benefits and investment privileges for Americans planning to do business in Thailand. Some of them are –

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What Is US-Thailand Treaty of Amity?

The Amity Treaty between Thailand and the USA on May 29, 1966 promotes trade, commerce, reciprocal legal rights and cultural understanding between the countries. One of the biggest advantages of setting up an Amity Treaty Limited Liability Company is that it grants 100% business ownership to the American nationals.

Who Can Claim US-Thailand Treaty of Amity Benefits and How?

American companies can claim Amity Treaty benefits. A company who wishes to apply for the Amity Treaty Certification must comply with the following;

Register as an Alien Company
Upon recognizing a foreign company, the government grants 100% ownership
Apply for Certificate at the US Embassy
Apply to the Director of Ministry of Commerce for Approval
There are 3 conditions here;

Restrictions on American Companies under the US-Thai Treaty of Amity

Publishing and media
Farming
Forestry
Fisheries
Thai herb
Selling of ancient Thai heritage
Selling and owning land
Building/molding of Buddha’s statue
Activities related to national security (armory, transportation) and tourism business.

The Pros of a Thai-Us Amity Treaty Company

The Cons of a Thai-Us Amity Treaty Company

Requirements

Step-By-Step Process to Open Amity Treaty Company in Thailand

01 Complete the application form in compliance with the Thai Law and submit it along with the necessary documents.

02 Upon receiving the application and documents, the CS office will hand-over certificate to the Thai Department of Commercial Registration, confirming the applicant to own an American managed company, who is now entitled to national treatment under the Thailand Treaty of Amity.

03 Original copies of the same documents stapled with the completed application must be submitted to the Department of Commercial Registration in Thailand.

04 Summary of the business must be prepared and presented to the Director General.

05 It is then the certificate will be issued. In case it is not approved, the applicant will be informed by a letter.
The process can be completed in 4-6 weeks.

Document

Requirements:

For Sole Proprietorship proof of the U.S. citizenship’
– A notarized copy of the owner’s passport or birth certificate
To incorporate Thai Partnership/ Thai Limited Company/ Joint Venture
– Articles of Incorporation
– An Affidavit of the Corporate Officer
– Bylaws of the company
For application of a subsidiary to the parent company, documents pertaining to the parent company should be submitted
For an US company willing to invest directly in the Thai company, a notarized proof showing that the majority of the owners and directors of both the company are US nationals.

What Do We Need From You To Incorporate Amity Treaty Company in Thailand?

Name of the designated company (3 proposed names);
Proof and Confirmation of the address (in Thailand)for the registered address (Head Office);
Your business objective (in detail)
Copy of passport (for the 3 the Promoters/Shareholders) –in addition, if the Authorized Director is a different individual from the shareholder, please provide a copy of his/her passport.
Name of Authorized director(s), (in the case if you nominate more than 1 director, please specify the signatory condition)
Certify copy of passport (certified by US commercial [US Embassy in Bangkok]) of the major shareholder(s)

Frequently Asked Questions

How much time will it take to register for the Amity Treaty?

Usually, the process takes around four to five weeks. And with the complete set of documents, it takes three working days to get the certification letter from the CS. More two to three weeks are after submitting the application to the Ministry of Commerce.

How much do I need to pay to the Thai ministry of commerce?

You will require paying TBH 2,000 as the application fee and THB 20,000 for the certificate.

Do I need to notarize all my Thai documents?

Thai documents need not be notarized, but they should be translated into English.

Where can I notarize all my documents?

All documents should be notarized at the notary public in the US, particularly for a US business entity. And in case of American citizens, residing in Thailand, the passports should be notarized at the US Embassy in Bangkok. However, the documents cannot be notarized by any Thai firm.

In case of ownership transfer do I need to notify the US commercial service?

No. Instead the company must update their list of shareholder at the Business Development Department and then submit the application form to the US Commercial Service.

I am an American Citizen. Can I act as a nominee in the Treaty of Amity Company for a non-US Foreigner?

Foreign Business Act criminalizes such act by a Thai national on behalf of any US national, but the law doesn’t explicitly criminalize a US national nominee shareholder. Hence, an American national may be able to act as a nominee for any non-US foreigner.

Do I need to hire services of a law firm?

Legal formalities can be complex, so it is recommended to hire services of a legal firm.

Amity Treaty Company in Thailand

US-Thailand Treaty of Amity for Americans for 100% Foreign Ownership in Thai Business