Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

info@integrity-legal.com

ResourcesCorporate and Tax AdvisoryThailand Corporate LawAmity Treaty Companies in Thailand: Can Non-Americans Be Involved?

Amity Treaty Companies in Thailand: Can Non-Americans Be Involved?

Transcript of the above video:

As the title of this video suggests, we are discussing the US-Thai Treaty of Amity. For those who are unaware, this is a bilateral treaty between the United States and Thailand. One of the major benefits it accords to Americans in Thailand is they are accorded what is called national treatment meaning that they can own their Company 100% notwithstanding the provisions of the Foreign Business Act of Thailand.

The other thing to bear in mind and the reason for this video is we often get the question "what if I have a partner who wants to work with me, or I have an associate who wants to be involved in the business and they are not in American and they are not a Thai?" Well that can be a real problem because the Treaty only applies to Americans. It is bilateral so Americans and Thais can be involved in these companies, at least in the corporate structure and by that I mean shareholders and directors, but a third country national, that is going to be a real issue and that can cause the Company not to be certified under the Treaty and thereby basically nullify Treaty protection. 

Now that said, it depends on the definition of "involved in the Company". If a foreign national is working for an Amity Company and they are not a shareholder or director, well that may be possible again depending upon circumstances as Thai Companies can hire foreign nationals and American Treaty Companies are treated with national treatment so they are treated the same way as a Thai Company would be treated. So it is possible for a foreign national Non-American to work for an Amity Treaty Company again depending on the circumstances if all necessary criteria are met associated with Work Permit application. 

That said, this should not be viewed as being able to “run the table” if you will. There may be limited involvement by a third party foreign national, a third country foreign national but again within the structure of the Company, directors and shareholders generally speaking they need to be Americans or Thais in order for the Company to be Treaty compliant.