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Setting up a US Treaty of Amity Company in Thailand

A US Treaty of Amity Company permits American citizens and companies to hold majority shares (over 51%) in a Thai Limited Company. The US Treaty of Amity 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.

What is the US-Thai Treaty of Amity?

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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.

  • Communications
  • Transportation;
  • Fiduciary functions
  • Banking involving depository functions;
  • Land Ownership, Exploitation of land or
  • Other natural resources; and
  • Domestic trade in indigenous agricultural products.

Fundamental requirements of a US Amity Treaty Company

51%

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.

50%

A minimum of 50% of directors must be American citizen(s).

American

The ultimate beneficiary of the company must be American.

Download US Treaty of Amity Company Guide

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.

How much does it cost for Setting up a US Treaty of Amity Company in Thailand?

Now for only

THB175,000

Fees exlude 7% VAT

Scope of services included

Company Name Search & Reservation, Assistance in obtaining the Treaty of Amity Certification Letter from the US Embassy, Converting your Thai Corporation into a US Treaty of Amity Company.

Company Name Search & Reservation
Drafting of Memorandum of Association & Submission of MOA to the Ministry of Commerce (DBD)
Collection of Original Company Documents
Document preparation and apply for Certificate of Treaty of Amity from the US Embassy
Apply with Ministry of Commerce of Thailand to have your Thai Limited Company into a US Treaty of Amity Company
Collect updated Company Documents from the Foreign Division, Ministry of Commerce, Thailand

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FAQ

  • How long does it take to completely register a US Amity Treaty Company?

    The entire process takes approximately 7 to 8 weeks.

  • What are the required documents for certification and legalization at U.S. Commercial Service?

    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

  • Is a US Treaty of Amity Company exempted from the 4 Thais to 1 Foreigner rules (in terms of hiring)

    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

  • Fundamental requirements of a US Amity Treaty Company

    - 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

  • What is the best minimum amount of Registered Capital for a US Treaty of Amity Company?

    The minimum registered capital is THB 3 million. You only need to actually invest 25% of the registered capital within the financial year.

  • Can a Thai be a Director of a US Treaty of Amity Company

    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.

  • Can a American Company be the majority shareholder of a US Treaty of Amity Company?

    Yes, it can be and the American company needs to be located in the US territories.

  • Where should I go to apply for the Certificate of US Treaty of Amity?

    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

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