🇹🇭🇺🇸 Americans hold 100% stake in Thailand: Really?

🇹🇭🇺🇸 Americans own 100% stake in Thailand: Really?

Looking through the "Amity Treaty" and the current situation

An often-raised question is: "Can Americans really own 100% of their operations in Thailand?"

The answer is true, but not general - this privilege stems from the U.S.-Thai Treaty of Amity signed since 1966.

♂ Key conditions

1. Amity privilege

Americans can register a company in Thailand and hold 100% of their shares without a Thai partner and without a Foreign Business License (FBL).

2. Exceptions of business

Some types of businesses are not allowed, such as banks, mining transportation, agriculture and real estate trading.

3. Legal procedure

Certificate of Recognition must be applied for through the US Embassy and the Department of Commercial Business Development (DBD) before being officially registered.

4. If not using Amity

Gentiles (including Americans) are restricted to holding up to 49% of shares unless FBL is obtained as a special case.

】 Current situation in Thailand (2025)

In addition to the former law, which has been used for a long time, Thailand is "shifting" many areas that investors should know:

• Increased enforcement of the Foreign Business Act

The government accelerated inspections of companies using nominees (nomini holding shares instead), expecting to audit over 50,000 companies.

• FBA Law Reform

There is a tendency to liberalize some businesses more, reduce the licensing process, to attract foreign direct investment.

• New regulations for BOI

From 1 Aug 2025, companies that are promoted must register through the new Single Window system or they will not be able to run the Work Permit / Visa.

• Global Minimum Tax

1 Jan 2025 → Multinational companies earning more than 750 million euros are subject to no less than 15% tax while small businesses or BOIs still have tax benefits.

♂ Strategic perspective

Although the law allows Americans to hold 100% of their shares, in fact many businessmen still choose local partners to gain market, cultural and risk management advantages.

The important thing is

• Closely monitor amendments to new laws

• Plan ahead (document procedure can take months)

• Continuous compliance with Thai law

• Don't overlook the "local wisdom" that a local partner or mentor can provide.

♂ Conclusion:

Yes, Americans have a 100% stake in Thai affairs, but they must follow the path of the Amity Treaty correctly and still face legal and practical constraints. Understanding both law and practice "is the key to doing business in Thailand.

Source https://peexee.medium.com/en-th-american-business-ownership-in-thailand-navigating-the-treaty-of-amity-and-2025-foreign-e32c73536ff3

# Thailand # ForeignInvestment # Entrepreneurship # BusinessInThailand # Treatment OfAmity