Sole Proprietorship Under Treaty Of Amity

[Eggmeng]

I'm a US citizen who has been here for 15 years. For 10 of those I've been co-owner of a business with my Thai ex in a Limited Partnership. About a year and a half ago I went to work in a neighboring country and we let my work permit expire.

I have returned to Thailand and though I retain my interest in our business, my involvement is behind the scenes. Now that I'm back my plan is to start a multimedia production company, and get a new work permit for that activity. Here are my questions:

1) Can I establish a sole propreitorship under the Treaty of Amity?

2) I'm not a hurry. I don't mind if it takes a month or more. Can I do this myself, or should I enlist a lawyer/accounting service to handle it? (Problem is I'm on Samui, and I'm afraid most of the "pros" here will not have heard of the TOA let alone know how to do this.

3) If the answer to number one is "yes" is it really as simple as getting a copy of my passport notarized and certified by the US embassy, and then following the usual procedure for establishing a sole propreitorship?

4) Can I then get myself a work permit and a one-year (or longer) multiple entry visa?

5) Will I then enjoy the same status as any Thai who is in a sole propreitorship?

[getgoin]

You might want to check with Sunbelt on this but the last I heard they were not doing any new TOA companies anymore.

[Valjean]

I'm a US citizen who has been here for 15 years. For 10 of those I've been co-owner of a business with my Thai ex in a Limited Partnership. About a year and a half ago I went to work in a neighboring country and we let my work permit expire.

I have returned to Thailand and though I retain my interest in our business, my involvement is behind the scenes. Now that I'm back my plan is to start a multimedia production company, and get a new work permit for that activity. Here are my questions:

1) Can I establish a sole propreitorship under the Treaty of Amity?

2) I'm not a hurry. I don't mind if it takes a month or more. Can I do this myself, or should I enlist a lawyer/accounting service to handle it? (Problem is I'm on Samui, and I'm afraid most of the "pros" here will not have heard of the TOA let alone know how to do this.

3) If the answer to number one is "yes" is it really as simple as getting a copy of my passport notarized and certified by the US embassy, and then following the usual procedure for establishing a sole propreitorship?

4) Can I then get myself a work permit and a one-year (or longer) multiple entry visa?

5) Will I then enjoy the same status as any Thai who is info a sole propreitorship?

I don't know about Sole Proprietorship but you can have an attorney set up a amity limited company with you having effectively having 100% (there is a 3 shareholder requirement but 2 just hold 1 share). This is only for Americans. I worked with Seri, Manop & Doyle who I recommend. You can do this via phone, email and messenger. Not he cheapest but done right.

You can get a work permit but it takes capitalization of 2M TBH per work permit. There is also a 3M TBH requirement to have an amity company. (not additional). There might be some creative ways to manage the capitalization.

The work permit gets you 1 year visas but they do need to be renewed every 90 days either by going to the Immigration office or leaving and reentry. You can send someone to Immigration on your behalf to get the renewal if they go before the expiration date. There’s a short form to fill out to do this.

Again I can’t speak for status for Sole Proprietorship but I guess other than restrictions on some industries you operate your company like any other. Taxes, yearly audits and the like are required. I have an experienced bookkeeping company do all this.

[Eggmeng]

Thanks, but what I'm interested in is the TOA sole proprietorship, how often it's done, and if not, why not? I'm also interested in knowing if I can do some or all of this myself and thereby save costs.

[Valjean]

Thanks, but what I'm interested in is the TOA sole proprietorship, how often it's done, and if not, why not? I'm also interested in knowing if I can do some or all of this myself and thereby save costs.

http://www.siam-legal.com/Business-in-Thai...hai%20Amity.php

Registration procedures : Thailand Treaty of Amity

To receive protection under the Thailand Treaty of Amity, the applying business organization must pursue and administrative process to show 'registration under the Treaty of Amity.' The Thai government will not recognize an American Company or branch office until it is officially registered. To pursue the administrative process to show "registration under the Treaty of Amity," the applying business organization may either consult with one of the many law firms in Thailand or observe the following procedures:

1. For a sole proprietorship, all that is required to seek protection under the Thailand Treaty of Amity is a notarized copy of the owner's passport or birth certificate to prove U.S. citizenship (either by birth or naturalization). They must send this information to the Commercial Service office at the U.S. Embassy in Bangkok for certification.

I'd consult an attorney to get it done right.

[Eggmeng]

Almost sounds too easy to be true. I think I will consult an attorney. Or two.

Thanks.

[getgoin]

I'm wondering if the OP got his sole proprietorship with the TOA done?

[WarpSpeed]

You might want to check with Sunbelt on this but the last I heard they were not doing any new TOA companies anymore.

Who they? Sun belt or Thailand? Because if you mean Thailand? This is a misstatement as has been pointed out numerous times, it is most certainly still in effect..

[WarpSpeed]

I don't know about Sole Proprietorship but you can have an attorney set up a amity limited company with you having effectively having 100% (there is a 3 shareholder requirement but 2 just hold 1 share). This is only for Americans. I worked with Seri, Manop & Doyle who I recommend. You can do this via phone, email and messenger. Not he cheapest but done right.

You can get sole proprietorship, that's part of the point..

You can get a work permit but it takes capitalization of 2M TBH per work permit. There is also a 3M TBH requirement to have an amity company. (not additional). There might be some creative ways to manage the capitalization.

Incorrect, a Treaty of Amity company has few different requirements from any Thai company, your work permit comes with the company registration..

The work permit gets you 1 year visas but they do need to be renewed every 90 days either by going to the Immigration office or leaving and reentry. You can send someone to Immigration on your behalf to get the renewal if they go before the expiration date. There's a short form to fill out to do this.

Not "renewed" just report.... It's renewed annually..

With advice such as this I agree, he should get an attorney the problem with that is still getting one that is educated as the first one I consulted was a blithering idiot and just took my money in spite of my giving him all of the tools to do the job correctly and pointing him down the proper path. I always rely on myself since that point as I have the confidence to do so and it has saved me masses of time, money and frustration on all fronts.. The Internet is your friend along with Google..

Edited January 22, 2010 by WarpSpeed

[WarpSpeed]

Almost sounds too easy to be true. I think I will consult an attorney. Or two.

Thanks.

Definitely 2 at minimum..

[mouse]

Actually I will be selling a Sole propriortorship Amity Company due to me retiring again and my wife going on with my work under a Thai company registration. Actually the whole publishing business is for sale with numerous U.S. Government contracts. So if anyone is interested contact me by PM and I will send you a phone number. Hint; not cheap!