Qualifying
Process: For a Amity Treaty protected business entity to do business
they must submit an application to the Ministry of Commerce
for a Treaty Protection Letter. The entity's right to do business
will not be recognized by other Thai government offices without
such a letter, so obtaining one is therefore advisable.
To
qualify for Amity Treaty status, an applicant must present documents
proving that the natural person or most of the partners or shareholders
of a company (or partnership) are American citizens.
A
copy of the applicant's passport should be sufficient evidence
for natural persons and shareholders and or partners in either
a company or partnership.
Evidence
must be presented proving a company's incorporation in the US
for a shareholder to be in the Thai business entity. Evidence
must also be supplied proving that the majority of the shareholders
and directors are American citizens. An affidavit may be given
stating the number of shares owned by Americans if the
shareholders are numerous. If shares are publicly traded then
an estimate involving the number of shares owned by Americans
may be given.
An
affidavit which lists the names and nationalities of the directors
may also be given by the company secretary. Documents such as
this, as well as all other other documents concerning American
companies and shareholders, must be notarized or certified.
This must be done by a government official, and is then subject
to authentication by a Thai Embassy or Consulate. Subsidiary
companies must present evidence proving their relation to the
parent company which would then be scrutinized by the same criteria
as stated above.
American
companies interested in doing business through a branch office
are encouraged to apply for a Treaty Protection Letter and to
submit evidence of their American nationality. Submission of
documents to the Ministry of Commerce must also contain a letter
from the Commercial Attache of the US Embassy in Bangkok. This
letter must confirm that the applicants are American and entitled
to protection under the Amity Treaty.
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