A US Amity Treaty Company permits American citizens and companies to hold majority shares (over 51%) in a Thai Limited Company. The US Amity Treaty also enabled American companies to engage in business on the same basis as Thai companies, and are exempt from most of the restrictions of foreign investment imposed by the Alien Business Law of 1972.
The US-Thai Treaty of Amity, also known as the Treaty of Amity and Economic Relations between the Kingdom of Thailand and the United States of America was signed on May 29, 1966 to give special rights and benefits to American citizens who wish to establish their businesses in Thailand.
Whilst a US Amity Treaty Company enjoyed significant advantage over other foreign nationals or companies, US Treaty of Amity Company are not allowed to engage in the following activities which are reserved for companies that are owned by majority Thai shareholders.
Note: US Amity Treaty company is not exempted from the 4 Thais to 1 Foreign worker (Work Permit) ruling. For a US Amity Treaty company to sponsor a Non B Visa and a Work Permit, it must hire 4 Thais, pay for their Social Security, must be VAT Registered and must have at least THB2million Registered Capital. However, for those who already hold a one-year extension based on marriage, you will only need 2 Thai employees and the registered capital is only 1 million Baht.
A minimum of 51% of shares must be held by American citizens or an American sole proprietorship, partnership, representative office, branch office, joint venture or limited company.
A minimum of 50% of directors must be American citizen(s).
The ultimate beneficiary of the company must be American.
Inclusive of all professional, legal, gov't, translation and the fee to Obtain Treaty of Amity Certification Letter from the US Embassy.
Setting up a Thai Corporation, 1 year of VAT Approved Virtual Office, Assistant in obtaining the Treaty of Amity Certification Letter from the US Embassy, Converting your Thai Corporation into a US Treaty of Amity Company.
Go to a live chat with one of our agents and get the answers straight away.
The entire process takes approximately 7 to 8 weeks.
If the majority shareholder is/are U.S. citizen(s):
1. Copy of passports of American major shareholders, notarized either by U.S. Notary Public or U.S. Embassy/Consulate in Thailand.
2. Complete original set of your Thai Limited Company documents:
— Certificate of Company Registration
— Company Objectives
— Memorandum of Association
— Articles of Association
— List of Shareholders
US Amity Treaty company is not exempted from the 4 Thais to 1 Foreign worker (Work Permit) ruling. For a US Amity Treaty company to sponsor a Non B Visa and a Work Permit, it must hire 4 Thais, pay for their Social Security, must be VAT Registered and must have at least THB2 million Registered Capital. However, for those who already hold a one-year extension based on marriage, you will only need 2 Thai employees and the registered capital is only 1 million Baht
A minimum of 51% of shares must be held by American citizens or an American sole proprietorship, partnership, representative office, branch office, joint venture or limited company.
A minimum of 50% of directors must be American citizen(s).
The ultimate beneficiary of the company must be American.
The minimum registered capital is THB 3 million. You only need to actually invest 25% of the registered capital within the financial year.
The majority of the directors must be American and/or Thai. If the Board of Directors contains a director of a third nationality, such director must co-sign with an American/Thai director.
Yes, it can be and the American company needs to be located in the US territories.
To apply for a Certificate of Treaty of Amity, the application must be submitted in person to: U.S. Commercial Service, U.S. Embassy Bangkok. GPF Witthayu Tower A, 3rd Floor, Room 302, 93/1 Wireless Rd., Lumpini, Pathumwan, Bangkok 10330
Need help?
Contact us and get a free, non-binding consultation with our team where you can consult your business idea, assess legal implications of the relevant business structures and ask any questions you may have. We are happy to meet you in our office or talk to you on the phone.
+66 2 036 0696
+66 2 036 0696
hello@investinasia.co.thWe're open from 9:00 - 18:00 Monday to Friday.
