THE AMITY TREATY

Americans with a company can set up a treaty under the American-Thai Treaty of Amity. The origins came about allowing both Thais and Americans to have reciprocal same company basis in each other's country. Thus came about the Treaty of Amity and Economic Relations between the United States of America and the Kingdom of Thailand - or Treaty of Amity -  May 29, 1968.

The Treaty allows American companies to maintain a majority shareholding or own its company 100%, branch office or representative office located in Thailand. They may engage in any business on the same basis as Thai companies in the USA, and are exempt from restrictions imposed by the Alien Business Law of 1972. Restrictions on American investment still exist though- namely:

1 Land ownership; land ownership is the same as for ordinary company?

2 Cannot conduct inland communications;

3 Not allowed to conduct inland transportation and communication industries:

4 Not allowed to engage in fiduciary functions;

5 No Banking involving depository functions;

6 No domestic trade in indigenous agricultural products;

7 No exploiting land or other natural resources

 

   

 

Application for certification of a Treaty company is conducted with or after establishing a Thai company. It normally takes less than one week for certification and can take 1-3 months to complete. Please always use a Thai lawyer when applying.

Contacts:U.S. Commercial Service Department of Commercial Registration. Diethelm Tower A, 3rd Floor, Suite 304 Ministry of Commerce. 93/1 Wireless Road Maha Rat Road. Bangkok, 10330, Thailand Bangkok 10200. Tel: (662) 205-5090 Tel: (662) 222-9851, 222-9889 Fax: (662) 255-2915 Fax: (662) 225-8493 e-mail: bangkok.office.box@mail.doc.gov 

 

To Register for the Treaty of Amity:

1.take these documents to the  U.S. Commercial Service on Wireless Road. Obtain forms from the Department of Registration ----Thai Ministry of Commerce. Type of Organization: Sole Proprietorship .  Partnership, Branch office, Joint Venture, or Limited Company Notarized copy of owner’s passport or birth certificate to prove U.S. citizenship( get from the US Embassy) you need:

 Articles of Incorporation   

Bylaws of the Company  

An affidavit from the Manager or Corporate Officer, stating the following: Name of the Company, registration number, and date of registration. Address of registered office; Jurisdiction under which the corporation is registered. Name, address, age , nationality and race of each director, number of shares held by each, and identify the director's with the power to bind the company. Authorized capital of the Company, number of shares and par value of each and amount of paid up capital. Total number of shareholders, nationalities, and number of shares owned or held by them.

Certificate regarding the company   For an applying US company wishing to invest directly in a Thai company  to obtain a majority of the Thai company’s shares, the applying company must show notarized proof that majority of owners and directors of both the applying company and the company to be incorporated are (or will be) US citizens either by birth or naturalization.

2. Certification by Commercial Service- Once received the US & FCS office will certify to the Thai Department of Commercial Registration in the Ministry of Commerce that the applying business organization is an American owned and managed company and therefore entitled to the provisions of the Treaty.

3. Application to Ministry of Commerce - After certification by the CS , original copies of all the above-mentioned required documents, along with a completed application form must be given to the Thai Department of Commercial Registration in the Ministry of Commerce in order to fully register under the Treaty.

The application must be applied for in Bangkok and we can help [ Amity Help ]

 

 

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