US Amity Treaty – Own a Thai Company 100%
If you are a US Citizen, you can own a Thai company 100% under the US Treaty of Amity.
Working hand in hand with the US commercial department, Sunbelt will handle the complete application process for you. We are extremely experienced in setting up companies under the Amity Treaty. In fact, Sunbelt has performed more amity set-ups than all other firms in Thailand combined.
WHAT IS THE TREATY AND WHOM DOES IT BENEFIT?
The Treaty of Amity and Economic Relations between the United States of America and the Kingdom of Thailand was signed on May 29, 1966. This treaty allows U.S. citizens and businesses to establish a company or branch office in Thailand . Under the treaty, is permitted to do almost anything a Thai company does.
The major benefits of the Treaty are that it allows American companies to own a majority of the shares of its company, branch office located in Thailand and to receive national treatment. That is, they may engage in business on the same basis as Thais, and are exempted from most of the restrictions on foreign investment imposed by the Alien Business Decree of 1972. In return, Thais are extended reciprocal rights to invest in the U.S. , and Thai businesspersons are eligible to receive U.S. visas as “treaty traders” and “treaty investors”.
Under the Treaty, Thailand is permitted to apply the following restrictions to American and other foreign investment: owning land; engaging in the business of inland communications; inland transportation; fiduciary functions; banking involving depository functions; engaging in domestic trade in indigenous agricultural products; and exploiting land or other natural resources.
WHO IS ELIGIBLE
To receive rights under the Treaty of Amity: The applying person(s) or business organization must be registered and established as an American sole proprietorship, partnership, representative office, branch office, joint venture or limited company.
For a person wishing to receive protection under the Treaty as a sole proprietorship, he or she must be an U.S. citizen either by birth or naturalization.
For an applying business organization wishing to receive protection under the Treaty as a partnership, branch office, joint venture, or limited company, a majority of the shareholders and directors must be U.S. citizens either by birth or naturalization.
For an applying U.S. company that is a subsidiary to a larger, parent company, the parent or holding company also must have U.S. citizen majority ownership and management.
For an applying U.S. company wishing to invest directly in a Thai company to obtain a majority of the Thai company’s shares, the majority of the owners and stockholders of both the applying company and the company to be incorporated must be (or will be, as in the case of the company to be incorporated) U.S. citizens either by birth or naturalization.
Please allow at least four to five weeks to complete the entire process. It usually takes less than one week for certification from the Commercial Service office, but registration by the Thai government can take anywhere from a few weeks to a few months.