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ResourcesThailand Real Estate & Property LawTitleCan Amity Treaty Companies Own Thai Land?

Can Amity Treaty Companies Own Thai Land?

Transcript of the above video:

This video is probably a little bit redundant. I think I have made some iteration of this video at least once maybe, twice in the past but it's good to make it again, I seem to have gotten a lot of inquiries that kind of I felt like made this video necessary. 

Can Amity Companies own Thai land? We are talking about real estate, like actual land. No, as we discussed in other videos and as we have discussed at length, and for those who are unaware the US-Thai Treaty of Amity grants many great benefits to Americans wishing to do business in Thailand. Most notably, American companies in Thailand can be 100% American owned notwithstanding the provisions of the Foreign Business Act. The Foreign Business Act generally speaking requires that again depending on circumstances, but requires a 51/49 Thai to foreign ownership ratio in order to do business in Thailand. This is not the case under The Amity Treaty. Pursuant to the provisions of The Amity Treaty, American companies are granted so-called National treatment to do business in the same way Thai Companies can i.e. being 100% American owned. 

Now that being said, there are still restrictions under the Treaty. There is a specific list of restrictions in fact and land holding and land trading are both restricted under the Treaty. So operating in the real estate sector in the Kingdom of Thailand using an Amity Company is not only not a good idea, it is also affirmatively and explicitly illegal. So again not a good idea, if you are looking to do business in Thailand with an Amity Company it might be a good idea to contact a legal professional gain some insight and guidance into all the vicissitudes associated with the Treaty. Overall it's a great benefit but understanding the nuance is probably not a bad idea.