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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