Treaty of Amity certification registration

[JDGRUEN]

Situation: American owner of an existing Thailand registered company wants to convert to Treaty of Amity Certification.   How does one enter the Resistration process to become Certified under the Treaty of Amity?

 

Constructive comments will be much appreciated... Sharp shooting snarky comments - not so much. 

 

[THAIJAMES]

I did this 15 years ago and the process has gotten easier.  It helps to have an accountant that has gone through the process before but any competent accountant can search online or enquire locally for the process. 

 

Once you have registered your Thai company you will need a letter for the US Embassy or consulate stating that you are american.  Fill out some extra papers and pay the fee.  At the time it took about one month to process.

 

No doubt that having 100% ownership in your company is completely worth going through the process.

 

 

[JDGRUEN]

8 minutes ago, THAIJAMES said:

I did this 15 years ago and the process has gotten easier.  It helps to have an accountant that has gone through the process before but any competent accountant can search online or enquire locally for the process. 

 

Once you have registered your Thai company you will need a letter for the US Embassy or consulate stating that you are american.  Fill out some extra papers and pay the fee.  At the time it took about one month to process.

 

No doubt that having 100% ownership in your company is completely worth going through the process.

 

 

Thank You for the info... I have learned a couple of things from this... JD

[THAIJAMES]

Here is a couple links:

 

http://www.panwagroup.com/treaty_of_amity_thailand.htm

https://business.usa.gov/export-portal?thailand/treatyofamity/index.asp

[funandsuninbangkok]

Owning and operating two different things.

 

Check into local permits required to operate whatever business you plan. Odds are only Thais can operate the business you are planning. Treaty should override this but does not in Thailand. 

 

US embassy will be no help. 1500 people all dedicated to making sure ambassador has shoes on right feet. Really. 

[craigt3365]

6 hours ago, funandsuninbangkok said:

Owning and operating two different things.

 

Check into local permits required to operate whatever business you plan. Odds are only Thais can operate the business you are planning. Treaty should override this but does not in Thailand. 

 

US embassy will be no help. 1500 people all dedicated to making sure ambassador has shoes on right feet. Really. 

I've worked with the US embassy several times.  Found them to be prompt and knowledgeable every time.  Your comment is not true.

[JDGRUEN]

15 hours ago, funandsuninbangkok said:

Owning and operating two different things.

 

Check into local permits required to operate whatever business you plan. Odds are only Thais can operate the business you are planning. Treaty should override this but does not in Thailand. 

 

US embassy will be no help. 1500 people all dedicated to making sure ambassador has shoes on right feet. Really. 

The Business has been already in operation for two year by the soon to be former non American Farang owner... selling to another Farang (American)... No questions ever ask by Thai Immigration for over two years. 

Edited February 7, 2017 by JDGRUEN

[JDGRUEN]

On 2/6/2017 at 8:48 AM, THAIJAMES said:

Here is a couple links:

 

http://www.panwagroup.com/treaty_of_amity_thailand.htm

https://business.usa.gov/export-portal?thailand/treatyofamity/index.asp

 

Thank you again...

[THAIJAMES]

20 hours ago, funandsuninbangkok said:

Owning and operating two different things.

 

Check into local permits required to operate whatever business you plan. Odds are only Thais can operate the business you are planning. Treaty should override this but does not in Thailand. 

 

US embassy will be no help. 1500 people all dedicated to making sure ambassador has shoes on right feet. Really. 

JDGRUEN already has an existing business.  Except for the fact that  treaty companies cannot own land, everything else will generally be the same.  If he already has a work permit for operating existing business, I doubt there will be any problems changing over to a treaty company.  Being 100% owner with no nominees makes it a no brainer considering the cost and time involved.

[funandsuninbangkok]

1 hour ago, THAIJAMES said:

JDGRUEN already has an existing business.  Except for the fact that  treaty companies cannot own land, everything else will generally be the same.  If he already has a work permit for operating existing business, I doubt there will be any problems changing over to a treaty company.  Being 100% owner with no nominees makes it a no brainer considering the cost and time involved.

No brains is operating a company in Thailand against the law. Most businesses in Thailand need local licenses. You might own an accounting company through treaty but you can't do acccounting unless you are Thai. You will be arrested and deported if you break the law. 

 

Embassy is no help. Their view is Treaty of Amnity was to expire after Thailand entered WTO. No longer supported by embassy( sure of this - asked Greg W**** in commerce for help , "Sorry w can't do anything. They might throw us all out. "

Edited February 7, 2017 by funandsuninbangkok

[THAIJAMES]

10 hours ago, funandsuninbangkok said:

No brains is operating a company in Thailand against the law. Most businesses in Thailand need local licenses. You might own an accounting company through treaty but you can't do acccounting unless you are Thai. You will be arrested and deported if you break the law. 

 

Embassy is no help. Their view is Treaty of Amnity was to expire after Thailand entered WTO. No longer supported by embassy( sure of this - asked Greg W**** in commerce for help , "Sorry w can't do anything. They might throw us all out. "

Assuming JDGRUEN has a work permit working for his company, it means that his business is probably not in one of the prohibited professions or categories.

 

It's impossible to get deported or arrested as they will not grant you an American Treaty company unless you are in the proper business category.

 

Who cares if the embassy helps or not, they are not needed in the process except to get a simple notified letter that you are an american citizen.

 

 

[funandsuninbangkok]

On 2/8/2017 at 8:20 AM, THAIJAMES said:

Assuming JDGRUEN has a work permit working for his company, it means that his business is probably not in one of the prohibited professions or categories.

 

It's impossible to get deported or arrested as they will not grant you an American Treaty company unless you are in the proper business category.

 

Who cares if the embassy helps or not, they are not needed in the process except to get a simple notified letter that you are an american citizen.

 

 

Wrong again. 

 

You can form a company and get it certified as American, get Amnity certification and not get license to operate. Dead certain of this. 

[THAIJAMES]

Instead of arguing with you, for future reference of others I will list businesses that are off limit to American Treaty companies.

 

• Owning land;
• Engaging in the business of inland communication;
• Engaging in inland transportation and communication industries;
• Engaging in fiduciary functions;
• Engaging in banking involving depository functions;
• Engaging in domestic trade in indigenous agricultural products;
• Exploiting land or other natural resources

[funandsuninbangkok]

7 hours ago, THAIJAMES said:

Instead of arguing with you, for future reference of others I will list businesses that are off limit to American Treaty companies.

 

• Owning land;
• Engaging in the business of inland communication;
• Engaging in inland transportation and communication industries;
• Engaging in fiduciary functions;
• Engaging in banking involving depository functions;
• Engaging in domestic trade in indigenous agricultural products;
• Exploiting land or other natural resources

 

 

Nope

 

for example see below. US gov will send you on your way with a shrug of the shoulders. Sorry man. 

 

http://www.interactivethailand.com/corporate/business-licenses/thailand-recruitment-license/

 

 

[treelady]

I'm considering opening a company under the American Amity Treaty and have found helpful information here:

http://2016.export.gov/thailand/treaty/index.asp

 

The main benefits of this company structure are that you can have any % of shareholders be American (minimum 51%), and your company is eligible for some business activities that are usually restricted to foreigners.  Check the website above for specifics.  The main drawbacks are that you (your company) cannot own land (as opposed to a 51% Thai owned company, which can own land), and that your company isn't eligible for grants and other assistance from the government that 51% and up Thai owned companies are eligible for.  If those factors are not an issue for you, then Amity is a good option.

 

I've also been speaking by phone with a staff member at the US Commercial Services of the American Embassy in Bangkok.  She's been helpful for answering questions over the phone and also emailing me details of the Treaty and how to apply.  You can contact her here:

 

KORNLUCK TANTISAEREE (FAME)

Commercial specialist

U.S. Embassy - Bangkok

 

[email protected]

www.Export.Gov/Thailand

Tel: 662-205-5242 (direct)

 

I have a friend who originally opened her food manufacturing company with Amity, and later switched to BOI (Board of Investment) structure, because Amity wasn't as advantageous as she hoped.  BOI has its own set of benefits and limitations.  If anyone has personally opened a company with American Amity, I'd value hearing your feedback about pros and cons.  Thanks.

[THAIJAMES]

The pros for me are very simple (compared to a Thai company and not compared to BOI)  full ownership of the company and not having to use a nominee which in many cases is illegal.

 

The only con is the company not being able to own land.  Which is understandable considering it is foreign owned.