COMPANY INCORPORATION
COMPANY INCORPORATION
COMPANY INCORPORATION
U.S. TREATY OF AMITY
The Thai-US Treaty of Amity aims to provide significant advantages for US investors to incorporate and operate businesses in Thailand for both corporations and individuals. The Treaty of Amity permits American companies to hold majority of shares or full foreign ownership of the company, branch office or representative office located in Thailand. It also allows for American companies to engage in business on the same basis as Thai companies and are exempt from most of the restricts of foreign investment imposed by the Foreign Business Act.
OVERVIEW
Up to 100% Foreign Ownership
Certain business activities will require a license
Registration takes 2 months
3M THB registered capital
Regular corporate income tax rates apply
Eligible for applying Foreign Business License upon issuance of BOI
U.S. TREATY OF AMITY BENEFITS
To wholly own or have majority ownership over their American company, branch office, or representative office registered in Thailand or in the United States of America.
To receive national treatment, which means that American legal entities and individuals are entitled to carry out almost all types of business and are exempt from most of the restrictions on foreign investment imposed by the Alien Business Act.
AMITY REQUIREMENTS AND RESTRICTIONS
Amity Treaty Requirements:
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Logo of the trademark in exact color
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Majority of authorized directors must be either Thai or American nationals. Other nationalities may act as director(s) at a ratio of 2:1.
Amity Treaty Restrictions:
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Owning land
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Engaging in inland transportation and communication industries
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Engaging in fiduciary functions
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Engaging in banking involving depository functions
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Engaging in domestic trade in indigenous agricultural products
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Exploiting land or other natural resources
HOW TO REGISTER?
Step 1: Company Registration
Register company as a majority foreign entity. At least 51% of shares must be held by American nationals. At least 50% of authorized directors must be American nationals.
Step 2: Submission of Amity Certification Letter
Obtain a notarized passport copy of US director(s) and shareholder(s) from the US Embassy. Submit letter confirming that the majority of business shareholders are US nationals. Obtain certification letter from the US Commercial Services.
Step 3: Application for DBD Certificate under the US Treaty of Amity and a Foreign Business License
Submit certification documents and all required documents signed by the director(s) to the DBD. Apply for Foreign Business License to be approved by the Ministry of Commerce.
Step 4: Work Permit and Visa Application
Secure work permit and visa for foreign director and employees