US Treaty OF amity Secured
The Thailand-U.S. Treaty of Amity allows American companies or individuals to own and operate businesses in Thailand with the same rights as Thai companies. It grants U.S. businesses national treatment, meaning they can hold a majority stake in Thai companies and operate without many restrictions imposed on foreign entities.
US MAJORITY OWNED
What is the US Treaty of Amity?
The Treaty of Amity is an agreement between the United States and Thailand that lets American citizens and US companies do business in Thailand on much the same terms as Thai nationals. A company set up under it can be majority or fully American-owned and operate across most sectors, free from the foreign ownership limits the Foreign Business Act normally imposes.
For American owners, that means keeping full control of your company rather than handing a majority stake to a Thai partner. Amity companies also receive added protections, including safeguards against asset seizure and access to formal dispute resolution.
It remains one of the most secure and commercially attractive routes for Americans establishing a business in Thailand.
Restricted Areas
Land Ownership
Inland Transportation
Communication Services
Natural Resource Exploitation
Commercial Banking
Services Involving a Fiduciary Duty
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Benefits of the US Treaty of Amity
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100% US OWNERSHIP
Keep full control of your company without taking on a Thai majority partner.
ACCESS KEY AREAS
Trade in nearly all industries on the same terms as a Thai national, free from the Foreign Business Act's usual restrictions.
LEGAL PROTECTION
Benefit from treaty protections, including safeguards against asset seizure and access to formal dispute resolution.
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Is The Treaty Right For You?
For US citizens, the Treaty of Amity looks like the obvious route. It's open to Americans, it allows full ownership, and it feels simpler than the alternatives. But the easiest door isn't always the right one.
Amity gives you ownership, but little else. A company set up under BOI promotion can offer far more: corporate tax holidays, exemption from the usual work permit ratios, import duty relief, and the ability to bring in foreign staff without the standard Thai-employee requirements. For a business that fits a promoted activity, those benefits can outweigh the convenience of Amity many times over.
The question isn't "am I eligible for Amity," it's "what does my business actually need." If your activity qualifies for BOI promotion, that route often serves you better over the life of the company. We help you compare the two honestly, based on what you're building, not just what you're entitled to.
SMOOTH APPLICATION PROCESS
Treaty of Amity Application
We handle the full Amity application from start to finish: forming your company, preparing your documents, securing your US Embassy certification, and filing with the Ministry of Commerce.
Company Formation
We register a standard Thai limited company with the DBD first, handling name reservation, the Memorandum of Association, and collection of all company documents. The Amity conversion is applied for in the later stages, as the DBD's process requires.
Document Preparation
We assemble everything needed for certification in advance: notarised passport copies for the American shareholders and a complete original set of Thai company documents. You're fully briefed before any appointment, so nothing is left to chance.
Certification by the Commercial Services Office (CSO)
The American majority shareholders apply for the Certificate of Qualification at the US Commercial Service inside the US Embassy in Bangkok. This step must be done in person and cannot be delegated to a representative. We prepare all paperwork beforehand.
Application to the Ministry of Commerce
With the certificate in hand, we file with the Ministry of Commerce to convert your company to Amity status. Once approved, the DBD issues your Foreign Business License Certificate (T.7), and we collect your updated documents in both Thai and English.
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Why Partner With Attori Law
Foreign perspective, Thai legal expertise
Foreign-owned ourselves, we understand both how American investors evaluate an opportunity, and how Thai company law applies to them.
We know the documentation these applications require
Missing or incomplete paperwork is the most common reason certification gets delayed. We prepare it correctly the first time, so that's not what holds yours up.
We help you confirm Amity is actually the right structure
Treaty of Amity isn't automatically the best route for every American-owned business, BOI promotion offers better terms in some cases. We help you compare both before you commit to one.
Direct access to the people doing the work
You deal with the person managing your case, not a rotating point of contact with no real authority over it.
We explain the reasoning, not just the result
You'll understand why your structure qualifies the way it does, and what that means for how you operate going forward, not just receive a certificate and a bill.
A relationship that grows with your business
Treaty certification today, expansion, compliance, or a new venture tomorrow. We handle what comes next, rather than treating each matter as a one-off.
Experienced lawyers ready to assist Consult with us for free
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US Treaty of Amity Structures
Thai Limited Company - Partnership - Joint Venture
Sole Proprietorship
Subsidiary of a Parent Company
US Company Investing in a Thai Company
Thai Limited Company, Partnership or Joint Venture
The most common path under the Treaty, and the right fit for most American-owned businesses setting up to trade in Thailand. A Thai limited company in particular gives you a recognisable local structure while retaining American majority ownership, which makes it straightforward to open bank accounts, sponsor work permits, and deal with local suppliers and clients. The trade-off is paperwork: this route carries the fullest documentation requirements of the four.
Requirements
- Articles of Incorporation
- Bylaws of the company
- Affidavit from a corporate officer, covering:
- Company name, registration number and date
- Registered office address
- Company jurisdiction
- Details of directors, their nationality and share ownership
- Total authorised capital and number of shares
- Nationalities of shareholders and their share distribution
Sole Proprietorship
The simplest and fastest route, suited to a single American owner operating alone. With only one document needed to prove citizenship, it carries the lightest administrative burden of any structure under the Treaty.
Limitation
The limitation is structural rather than procedural: a sole proprietorship offers no separation between you and the business, so it suits smaller operations rather than ventures that need investors, multiple owners, or limited liability.
Requirement
A notarised passport or birth certificate to prove US citizenship, submitted to the US Commercial Service at the US Embassy in Bangkok for certification.
Subsidiary of Parent Company
Best suited to established US companies expanding into Thailand as part of a wider group. Holding the Thai company through a US parent keeps it within your existing corporate structure, which can simplify reporting and consolidation back home. In return, you take on a heavier verification step, since the parent company's ownership and management must be documented and proven alongside the Thai company's.
Requirements
- Documentation of the parent company abroad
- Articles of Incorporation
- Bylaws of the company
- Affidavit from a corporate officer, covering:
- Company name, registration number and date
- Registered office address
- Company jurisdiction
- Details of directors, their nationality and share ownership
- Total authorised capital and number of shares
- Nationalities of shareholders and their share distribution
US Company Investing in a Thai Company as Majority Shareholder
Where an American company takes the majority stake in a Thai company directly. This works well when a US business wants a controlling interest in a local entity rather than building one from scratch. The key condition is that Treaty eligibility is tested on both sides: the majority of owners and directors in the US company and the Thai company must be American, so the ownership chain needs to be clean and well documented.
Requirements
- Articles of Incorporation
- Bylaws of the company
- Affidavit from a corporate officer, covering:
- Company name, registration number and date
- Registered office address
- Company jurisdiction
- Details of directors, their nationality and share ownership
- Total authorised capital and number of shares
- Nationalities of shareholders and their share distribution
- Corresponding details for the US company, including directors, authorised capital and shareholders
- Notarised proof that the majority of owners and directors in both the US company and the Thai company are US citizens
FROM BOI TO FBL
Comparing Structures
Choosing the right structure is the first decision for any foreigner doing business in Thailand. The main routes to majority foreign ownership are an FBL, BOI promotion, the US Treaty of Amity for Americans, or a Thai Limited Company. The table compares them on ownership, work permits, capital, and timeline.
| Category: | Foreign Business License (FBL) | Board of Investment (BOI) | Thai Limited Company | Treaty of Amity |
|---|---|---|---|---|
| Foreign Ownership | Yes | Yes but FBL is tied to the project | Max 49% | Up to 100% for US citizens and companies |
| Work Permit Requirements | 4 Thai employees per work permit | No restrictions | 4 Thai employees per work permit | 4 Thai employees per work permit |
| Who Can Apply | All foreign nationals in qualifying fields | Projects falling under BOI promoted categories | All | US citizens or companies only |
| Minimum Registered Capital | 3 million baht (paid up over first 3 years) | Project dependent | No minimum capital | 3 million baht |
| Application Timeline | 6 to 9 months | 4-6 months depending on project complexity | 1-2 weeks | 6 to 9 months |
| Benefits | Not tied to project and can be applied for by anyone | Fast track visas, tax holidays, low barriers for foreign workers | Easy to set up and maintain | Same as FBL but easier to get certified |
| Roadblocks | Can be rejected or delayed with tougher guidelines | Must maintain project to keep BOI and benefits active | Does not allow foreign ownership except in a few specific areas. | US nationals only; no other benefits apart from ownership |
Common mistakes and misconceptions
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Assuming Treaty of Amity grants land ownership rights
It doesn't. Land Code Section 86 still applies to Amity-certified companies exactly as it does to any other foreign-owned business.
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Assuming every business sector qualifies
Communications, transport, banking, natural resource extraction, and certain licensed professional services fall outside treaty protection, even though the general rule sounds like it covers everything.
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Letting US ownership or directorship slip below the required majority
Treaty status depends on staying majority US-owned and US-directed. A share transfer or new investor that isn't structured carefully can jeopardize certification you already hold.
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Assuming Amity is automatically the better option over BOI
For certain sectors, BOI promotion offers stronger incentives than Amity does. Committing to Amity without comparing both can mean leaving a better deal on the table.
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Treating certification as a one-time task rather than an ongoing status
Amity status isn't something you get once and forget. Changes to your company's ownership or structure need to be weighed against what keeps that status valid.
NEXT STEPS
Post Approval Services
Employment
Non-B Business and Work Visa
For owners and staff who need the right to work in Thailand once your company is running.
Compliance
Accounting and Tax
Monthly bookkeeping, tax filings, and annual audit, handled in-house to keep your company in good standing.
Tax
VAT Registration
Required once your turnover passes the threshold. We register your company with the Revenue Department.
Brand
Trademark Registration
Protect your company name, logo, and brand in Thailand from the moment you start trading.
Legal
Legal Contracts
Employment agreements, supplier terms, and commercial contracts drafted to protect your business.
Permits
Business Licenses
If your activity needs a sector licence to operate legally, we identify what applies and handle the application.
FAQs
Who qualifies under the Treaty?
US citizens, and companies incorporated in the United States. The majority of shareholders and directors must be American, and that has to hold on both sides where a US company owns a Thai one. It is a nationality test, not a residency test, so where you live does not affect it.
Can a non-US citizen hold shares?
Yes, provided US nationals keep the majority of both shares and directorships. Minority non-US shareholders do not break eligibility. What does break it is letting that majority slip later, which can happen quietly through a share transfer or a change of director.
Which activities does the Treaty not cover?
Six areas stay closed regardless of nationality: land ownership, inland transportation, communications, exploitation of natural resources, commercial banking, and services involving a fiduciary duty. These are set out above. If your business falls into one of them, the Treaty will not help and BOI promotion may be the better question to ask.
Does the Treaty let me own land?
No, and this is the most common misconception about it. The Treaty covers what your company may trade in, not what it may own. Land ownership is excluded outright. Long leases and other structures exist, but they sit outside the Treaty entirely.
Do I still need Thai employees for work permits?
Yes. The Treaty settles ownership, not immigration. The four Thai employees per work permit ratio still applies, as does the registered capital requirement behind it. Only BOI promotion lifts that ratio, which is worth weighing if you plan to bring several Americans over.
Is certification a one-off?
No. Eligibility has to hold for as long as you rely on it. If the US majority in shareholding or directorship falls away, the protection goes with it, and that is usually discovered at the worst possible moment rather than at the time it happens. Any change to the ownership structure is worth checking before it is made rather than after.