100% Ownership in Thailand

Unlike most foreign-owned companies, an Amity Treaty company is not subject to the 49% foreign ownership cap under the Foreign Business Act. This gives you full control over your Thai entity—ideal for SMEs and expanding U.S. businesses.

Access to Protected Business Sectors

While certain industries remain restricted, Amity Treaty companies are allowed to operate in a much broader range of sectors compared to non-treaty foreign companies.

Streamlined Compliance with U.S. Support

Because the process involves the U.S. Embassy in Thailand, your certification is backed by bilateral cooperation, making it more secure and structured than general foreign business licenses.

Trusted Legal Support from Start to Finish

Umpire Legal ensures a seamless process, from reviewing shareholder qualifications to liaising with the Ministry of Commerce and securing all necessary documents.

The entire process typically takes 4 to 6 weeks, depending on document readiness and embassy processing times.

Step 1: Company Registration (1 week)
We incorporate a Thai limited company under your name, with a minimum 51% American shareholding and majority U.S. directors.

Step 2: Certification from the U.S. Commercial Service (2 weeks)
We prepare and submit the required documents to the U.S. Commercial Service at the U.S. Embassy in Bangkok, including notarised passports, affidavits, and corporate resolutions. Once approved, a Certification Letter is issued.

Step 3: Apply for Foreign Business Certificate (1 week)
We submit the U.S. Embassy certification and supporting documents to the Thai Department of Business Development (DBD), which reviews and issues the Foreign Business Certificate—your formal proof of Amity Treaty rights.

Step 4: Immigration and Work Permits (2 weeks)
Upon completion of company registration, we assist with non-immigrant visas, work permits, and tax registration so your team can operate fully and legally in Thailand.

Note: To obtain work permits, Thai law generally requires the company to be VAT registered and to employ four Thai staff members per foreign employee.

For Service-Based Businesses:
The minimum capital investment required is THB 3 million per business activity involving U.S. ownership. This must be fully paid up and can include equipment, setup expenses, and working capital.

For Trade-Based Businesses:
Lower capital thresholds may apply for companies engaged in import/export or wholesale trade, depending on your business structure and scope.

Umpire Legal will guide you on the optimal capital structure based on your planned business activities.

While Amity Treaty companies enjoy broad privileges, the following sectors remain restricted under Thai law:

– Communications
– Transportation (excluding aviation)
– Fiduciary functions
– Banking (in some forms)
– Land ownership
– Natural resource exploitation
– Domestic trade in agricultural products

We’ll help you determine if your proposed activities are eligible under the Treaty and advise on alternatives if needed.

One of our clients, a U.S.-based tech startup, approached us seeking full foreign ownership in Thailand. Through the Amity Treaty, we structured the company to comply with both U.S. and Thai requirements, submitted all documentation to the U.S. Embassy, and secured the Foreign Business Certificate within weeks. The client now operates in Bangkok with complete control and has expanded to regional offices. This real-world example highlights how the Amity Treaty can streamline market entry and reduce local ownership risks.

Once your Amity Treaty company is registered, ongoing compliance is critical. Umpire Legal provides continued support, including:

– Monthly accounting and tax filings
– Annual general meeting (AGM) preparation
– Visa and work permit renewals
– BOI or VAT registration (if applicable)

We ensure your company stays compliant with Thai laws and regulations year after year.

• While the Amity Treaty is ideal for U.S. businesses seeking 100% ownership, the Thailand Board of Investment (BOI) offers tax incentives, work permit privileges, and other benefits. BOI promotions are available to foreign investors regardless of nationality.
  
  Here’s a brief comparison:
  
  – Amity Treaty: U.S.-only, full ownership, limited to non-restricted sectors, no tax benefits
  – BOI Promotion: Open to all foreign investors, may require Thai ownership in some sectors, strong incentives for target industries

• While the Amity Treaty allows 100% U.S. ownership, it does not provide tax incentives. These are available only through the BOI promotion program, which is open to foreign investors regardless of nationality.
  
  Umpire Legal can advise you on which structure best suits your goals and industry.

Failure to maintain Amity Treaty conditions—such as shareholder structure or business scope—can lead to revocation of the Foreign Business Certificate, fines, or even company dissolution. Thai authorities monitor these conditions closely.

Our legal team provides regular reviews and strategic advice to help your business remain compliant and avoid penalties.

These pages provide deeper insights into Thai corporate structures and legal support tailored for international businesses:

– Representative Office in Thailand
– Thai Limited Company Formation
– Notary Services in Bangkok