Thai Company Registration: Why US Businesses Need To Use The Treaty Of Amity

For US businesses seeking Thai company registration, the Treaty of Amity, which was signed in 1966 and ratified in 1968, gives them a tremendous economic advantage over rivals. The treaty was signed because the United States and Thailand were seeking to encourage mutually beneficial trade and friendly relations. The treaty allows American companies to own the majority of shares of the entire company or representative office located in Thailand. They are also free from many of the Alien Business Law restrictions placed on companies from other foreign nations in 1972. However, American companies are still restricted in certain fields including banking and communications.

Requirements
When seeking Thai company registration using the Treaty of Amity, your company must have at least 51% of its shares owned by American citizens and a minimum of 50% of directors must also be Americans. Although US companies looking for Thai company registration have some advantages, they are still expected to meet a minimum capital requirement. Businesses protected by the Treaty of Amity need to have minimum capital of 2 million baht. In contrast, companies looking for a foreign business license need to have 3 million baht as a minimum.

The Procedure
As you may expect, Thai company registration with the Treaty of Amity on your side still involves lots of paperwork. You are recommended to get in touch with an expert Thai legal team as soon as possible to speed up the process. The first phase involves getting documents that prove you have been registered in accordance with Thai law. After being certified by the commercial service office, you need to give the certification to the Department of Commercial Registration. This will prove that your business is American owned and managed which makes it eligible for protection under the Treaty of Amity. The relevant documents must then be presented to the Ministry of Commerce for final deliberation.

Do Not Avoid The Legal Formalities!
Never assume that your business can avoid the Thai company registration process. The penalties for giving false information or illegally operating a business in Thailand are quite severe and government agencies are extremely watchful. If caught operating illegally, you can expect a fine of around $30,000 with the potential for a 3 year prison sentence thrown in for good measure. Think you can get a Thai national to help you in such a scheme? Think again. Thais with shares in a company found operating illegally are also subject to the same harsh punishments so don’t expect help to be lining up around the block!

The Treaty of Amity provides American companies looking for Thai company registration with the opportunity of a lifetime. Imagine being able to operate in an economy where there are potentially millions of customers. This is what happens when you set up a company in Thailand. As an American business, your only requirements are to follow the correct procedure and ensure your company is majority owned and controlled by American citizens. You can still hire local employees and benefit from their skills and experience.

Uncontested Divorce In Thailand - FAQ

Although getting a divorce in Thailand is as unpleasant as going through the procedure anywhere else, the speed with which uncontested divorce proceedings are carried out may relieve some of the stress. The alternative is to contest the divorce and this leads to court proceedings and an average of 6 months for all the details to be ironed out. If you are looking for a divorce in Thailand and have no issues with property or child custody, an uncontested divorce is probably the right decision.

What Happens With An Uncontested Divorce?
First of all, you need to be aware that an uncontested divorce in Thailand can only take place between couples who had their marriage registered in Thailand to begin with. It is a non-confrontational type of proceeding and causes significantly less stress than its contested counterpart. What happens is that the husband and wife go to their local registry office, submit the necessary legal documents and make a personal declaration that they intend to have a divorce. Having grounds of divorce is unnecessary if both parties agree to end the marriage. Please remember that you can’t ask your lawyer to appear on your behalf. To end the marriage, both parties must appear in person.

What Is Contained In The Divorce Agreement?
It is still possible to avail of an uncontested divorce in Thailand if there are a couple of outstanding issues between the couple. First of all, they need to settle their differences privately and present a written agreement to end the marriage. This agreement must outline the rights which will be enjoyed by both parties after the divorce. When it comes to financial issues, property, alimony and child custody, the divorce agreement must clearly outline the conditions that have been agreed upon.

If a pre-nuptial agreement was made before the marriage, the terms must be considered during divorce proceedings. The agreement must be signed by both parties after the divorce, these signatures have to be witnessed by two capable adults and it needs to be registered at the amphur.

How Long Does An Uncontested Divorce In Thailand Take?
This depends entirely on how prepared both parties are. If all documentation is in order, the divorce can be completed and registered on the day. The marriage certificate must be presented along with passport ID if one or both of the parties are foreign. If one or both of the parties is Thai, it is necessary to produce the Thai national ID card and household registration certificate. The foreign party must also have his/her passport certified at the requisite Embassy. The Ministry of Foreign Affairs in Thailand then receives a translated copy of the divorce agreement and legalises it. Expect 4-5 working days to pass before this is completed.

A word for warning for those looking for an uncontested divorce in Thailand: It is possible that your home country will not recognise the divorce. As a result, you should talk to a Thai legal team and find out more before following through with the divorce proceedings.

Why The Treaty Of Amity Makes Company Registration In Thailand So Easy

Company registration in Thailand is seen as a fantastic method of getting in on the growing Thai economy. Although there is a pronounced global recession, the Thai economy has not been affected nearly as much as other nations. Proof of this can be seen in the property market which continues to thrive while that of American and the UK continues to struggle. It helps that Thailand is part of ASEAN, a $2 trillion economy that rules South-East Asia. For foreign businesses, company registration in Thailand comes at a price. In order to do business in Thailand, they need to cede control of the company to Thai nationals. American companies don’t have this problem and you’re about to find out why.

A Treaty Of Convenience
In 1966, a treaty was signed between America and Thailand in Bangkok. It allowed American businesses in Thailand to maintain a majority shareholding or own their entire company. It may not have seemed like a big deal at the time because foreign businesses didn’t have a great deal of restrictions placed on them back then. This all changed with the advent of the Alien Business Law of 1972 which was designed to protect Thai business. From that point on, foreign businesses looking for company registration in Thailand had to agree to allow Thai nationals to have a majority shareholding of their company. American businesses had no such issues because of the Treaty of Amity.

This treaty is almost the reverse of what normally happens when foreign businesses look to avail of company registration in Thailand. Usually, at least 51% of a company’s shareholdings must be owned by a Thai but for businesses looking to benefit from Amity, at least 51% of the company’s shareholdings must be owned by an American citizen. Additionally, at least 50% of the company’s directors must be Americans.

Restrictions
The Treaty of Amity does not allow American businesses seeking company registration in Thailand to have everything their own way however. There are a total of six sectors which remain protected: Fiduciary functions, inland communication, inland transportation, natural resource exploitation, trading Thai agricultural products and banking. It is obvious that these sectors must remain under the control of Thais if the nation wishes to continue its growth.

Utilising the Treaty of Amity during company registration in Thailand takes approximately 5-6 weeks and involves registering the business and obtaining an alien business license. Obviously, the sooner you have your documentation in order the faster things will proceed. To this end, you need to have a Thai legal team in your corner to help circumnavigate any potential issues.

Don’t settle for anything less than the benefits provided by the Treaty of Amity if you are an American business looking for company registration in Thailand. The process is relatively simple and the process can yield rich rewards in the form of increased business in the lucrative South-East Asian market. While you can certainly hire Thai expertise to help get your business accustomed to the regional market, you get to pick and choose who controls your company.

The Reality Of Divorce In Thailand

No one ever really wants to think about splitting up but divorce in Thailand is an uncomfortable reality. While divorce proceedings in other nations can be long drawn out affairs, it can be a relatively quick process in Thailand depending on the circumstances and if a competent legal team is used. If it happens to be a contested divorce, things could get very costly whereas an uncontested divorce has the potential to be done and dusted rather quickly. Divorce in Thailand is also a very different process depending on whether the couple are two foreigners, two Thais or a mix of one Thai and one foreigner. We will discuss all of these issues below.

Contested Divorce
A contested divorce in Thailand is one that all parties would like to avoid because it involves court hearings and potentially great expense. There are a number of grounds for divorce in Thailand and if one party believes he/she has the right, a court hearing can be set. The grounds for divorce in the kingdom of Thailand include adultery, if one party has deserted for over 12 months, if a spouse has been suffering from a mental illness for more than years and if a spouse is guilty of causing serious harm to their partner.

Uncontested Divorce
This is a relatively straightforward form of divorce in Thailand. It is an administrative divorce and neither party needs to have grounds. This occurs when the couple are in mutual agreement that their marriage is over. In order to successfully follow through with this form of divorce, both parties need to be present. It occurs at the local register, otherwise known as the khet or amphur.

Thai & Non-Thai
Thailand is known worldwide as a centre or tourism and has attracted individuals from dozens of countries around the world. Many of these people settle, fall in love with a Thai national and marry. Unfortunately, the marriage sometimes doesn’t last and a divorce is necessary. If the marriage took place in Thailand, the Thai national will look for an uncontested divorce. It is important for foreigners to remember that an uncontested divorce in Thailand is not always recognised internationally.

Thai & Thai
Thai nationals prefer to have an uncontested divorce in order to preserve honour and avoid future conflict between the individuals in question. All issues relating to property and child custody are usually settled between the couple in private.

Two Non-Thais
It is important to contact a legal team in order to discover if a divorce in Thailand will be recognised by the home countries of the married couple. There are cases where the couple go through the legal process in Thailand only to find that it doesn’t count in their homeland.

If you are looking for a divorce in Thailand, you must know that the procedure may be radically different to what would happen in your home nation. Clearly, you will need the aid of a legal team to follow through with the divorce but before you make the decision, carefully go through all the rules and regulations pertaining to the process with your legal team.

Company Registration In Thailand & The Treaty Of Amity: Control 100% Of Your Company

When it comes to company registration in Thailand, many foreigners seem to be frustrated by the restrictions placed on them by the 1999 Foreign Business Act which superseded the 1972 Alien Business Law. These acts have been put in place to protect the national interests in Thailand. While foreign investment is always welcome, the Thai Government wishes to protect national businesses and ensure that Thai entrepreneurs have the advantage in their own country. If you are coming from overseas and wish to partake in company registration in Thailand, you must allow Thai partners to have the majority share. However, this is not the case when it comes to American businesses and the Treaty of Amity and Economic Relations.

Treaty of Amity
This was signed between Thailand and the United States in 1966 and eases the restrictions placed on American businesses looking for company registration in Thailand. This treaty enables US businesses to own up to 100% of the company, far removed from the maximum 49% allocated to companies from other nations. This may not have seemed like a clever deal at the time but since then, Thailand’s economy has grown and it is now part of the huge ASEAN economy in South-East Asian. Thanks to the Treaty of Amity, American businesses can get a slice of the multi-billion dollar pie and also benefit from low start up costs.

Company Registration In Thailand Using The Treaty Of Amity
If you wish to do business in Thailand are hoping to benefit from the treaty, at least 51% of your company’s shares must be held by US citizens. Additionally at least half the directors whose signature binds the company must be Americans. Once these steps have been met, you can use a Thai legal team to expedite the process of company registration in Thailand.

The first step is to register the company at the Thai Ministry of Commerce. You must also produce documents that prove your company has registered in accordance with Thai law. Expect this process to take around 5 business days. After this, you must provide paperwork which proves that your company meets the minimum 51% American shareholder requirement. Getting past this stage normally takes just 2 business days. Finally, you need to get your legal team to submit all the necessary paperwork in order for your company to receive the alien business license. The Department of Business Development completes this step. This is the longest wait of the whole process and normally takes up to a month.

Once you have successfully completed company registration in Thailand using the details contained within the Treaty of Amity, you have a huge advantage over rival companies from different nations. While they must allow their company to be majority controlled by Thai nationals, you can have an entirely American presence in Thailand. You can effectively move your office from New York to Bangkok with the minimum of disruption and take advantage of the growing South-East Asian market. The Treaty of Amity opened the door for US companies and now it is time for you to walk through it.

How To Gain A Retirement Visa In Thailand & Enjoy Life

For those that have spent their lives working, gaining a retirement visa in Thailand seems like a pleasant and realistic option. This is especially the case for individuals who are coming from a less than welcoming climate. Thailand offers an opportunity to enjoy a fantastic standard of living in your golden years. As well as having a world class health system that is affordable to the general public and a warm climate, Thailand has a remarkable array of sightseeing options that could take years to view. Those with a more adventurous streak can enjoy life in the many bars and nightclubs dotted all over the landscape. It is a nation known for enjoyment so it’s hardly surprising to learn that a retirement visa in Thailand is such a lusted after item.

Non-Immigrant ‘O’ Visa
The first step towards acquiring a retirement visa in Thailand is to obtain a non-immigrant visa. It is best to gain this visa before coming to Thailand which is why you should hire a local legal team that is familiar with Thai law. The best legal firms can get you a 90 day non-immigrant visa before you even enter the country and will get it extended to 12 months once you arrive.

Requirements
You must be over 50 years of age in order to be eligible for a retirement visa in Thailand. It is also necessary to have a passport that is valid for at least another year, proof that you are a native of the place where you are applying from, can prove you meet the financial requirements and have a bank letter that shows your funds or a pension statement. Other necessary documents include the aforementioned non-immigrant visa, Departure Card TM.6, a medical certificate, Thai bank book and letter from your Thai bank.

If you wish to be successful when it comes to applying for a retirement visa in Thailand, you need to have at least 800,000 baht in your bank account. At current exchange rates, this equates to around $26,000 though obviously this can change with the whims of the foreign currency exchange market. You can get past this requirement by showing you earn 65,000 baht a month however. This equates to a little over $2,000 a month.

Restrictions
When you arrive from overseas, you will need to pick up your retirement visa in Thailand from the Immigration office. You have to appear in person and present your passport before signing the requisite paperwork. Once you are approved, you receive a 12 month stay. When you are on this visa, you cannot engage in gainful employment. Additionally, you are required to visit the Immigration Office every 90 days to verify your current address.

While it is necessary to jump through some hoops in order to gain a retirement visa Thailand and it seems to be laden with inconvenience, your reward is a phenomenal standard of living for a price you can easily afford. There are few places in the world that offer such a combination of peace, excitement and climate to keep people entertained whether they are on vacation or planning to live there. When you retire in Thailand, you are taking the permanent holiday of your dreams.

Thailand Marriage Laws

What is marriage law? Why should you know about this thing? Before getting involved in marriages, you must know first the law of marriage. In case you would like to be married in Thailand, then Thailand marriage laws are the laws that you must know. In this article, you will know more about the Thailand marriage laws.

Marriage laws mean having all the requirements for the marriage in order to determine if the marriage is valid or not. Different countries have different laws for marriage. However, in Thailand, the law for couples is that they should be married in the church or should follow religious ceremonies. Bear in mind that ceremonies are not enough because there must be legal documents in order for you to be registered. It is important that all the documents are translated into Thai language for the sake of understanding of all sides.

Being an alien to the country might affect your marriage because there is a law in Thailand that aliens are not allowed to marry their people unless when they submit their passports and proofs from the Government Organization about your marital status. They must also be certified by the Ministry of Foreign Affairs to make sure that everything will be on the right track.

Marriage means starting a new life. Well, you can't start you new life if you have previous problems, so before you get married in Thailand, you should first close or pay all your previous debts and fix all your present and previous problems. Then after that, show documents about your work and your salary. All these aspects are very important in marriage, so you need to abide by the law and submit the necessary requirements.

Lastly, when you have already completed all the requirements, you can already pursue your marriage plans. However, make sure that both of you are on legal marriage age, which is seventeen years of age, and with legal documents as proof. Marrying your siblings is not allowed, even if your brother or sister is adopted and even if both of you are adopted children and only know each other because of the same person who adopted you. Having the same parent even if you are adopted is considered incest. And the most important thing is that, both of you should not have a spouse if you want to be married to someone else because this is considered adultery.

Different countries have different laws when it comes to marriage, and Thailand has their own laws that must be followed when you want to have a marriage in their country. Following all the laws, rules and regulations is a must to prevent problems and to conduct your marriage successfully and legally.

These are just some of the things you need to bear in mind if you are planning to get married in Thailand. So, start making a move now to comply with them. Bear in mind that ignorance of the law excuses no one, so you need to be very careful with your moves in order to get married in Thailand happily.

Thailand Company Registration

In terms of registering a company in a specific place, particularly if it is international, there are a lot of things to consider. In relation to legal things, the numbers of process are so many. But as you follow properly these procedures, you can always have the outcomes be in your favor. These process and very detailed procedures should always be check and double check for the registration to be in a rapid mode as possible as it is. Guarded with reliable and dependable information, you can always be sure that you can finish the registration without having any hassle before, within, and after the process.

There are so many classifications of company registration. These classifications are used to determine the type of company that you would like to register and established. When you already know the different types of this business, you will now feel at ease in making some possible steps regarding the said process. As long as you know these things, the probability of accomplishing the things that you need to be done as soon as possible is totally thinkable. Sooner or later, you can now register your company and make it profitable enough in terms of popularity and income production.

One of the options that you can have in Thailand is the Thai Partnership. In this particular system of Thailand, a company is being worked by minimum of two people or businessmen. This Thailand, the Thai partnership, focuses on the system that is being presented by partners. Here are some points that will make you clarify in terms of information under this type of Thailand, the Thai Partnership.

The Thai Partnership is composed of joint partners that will share about the probable liabilities that a particular business can generate.

With this type of Thailand, businessmen should always think about the things that they will spend in relation to the said system. In regards to this statement, this Thailand focuses on the expenses that will be shared by the people who are involved in a certain company. They have to attend and follow the following obligation that assigned to them while in the process of Thailand company registration. As long as they implement this properly, and pay the expenditures that they need to pay, the assurance of registering their company in a most convenient way is indeed imaginable.

Each partner are Obliged the Liabilities and debts that are under the premises of the company.

Considering the liabilities and debts in order for a company to earn profitable income, in this way, you will no longer have problems under the Thailand registration. Both partners are liable to pay the debts of each other. Any expenses, liabilities, debts and assets that is being generated by the company should always shoulder by the partners, but in case of not obliging this terms, the Thailand company registration will result to a failed attempt.

Thai Company Registration: Getting The Foreign Business License

If you are interested in Thai company registration and wish to own more than 50% of the shares, it is necessary to invest in a Foreign Business License. The foreign business license is not popular with foreign investors. According to the Thai authorities, approximately 80% of foreign companies that apply for this license receive it. However, it should be noted that since the introduction of the Foreign Business Act, few companies have bothered to take on an application. Why? Because it is known to be an extremely long and arduous process. However, if you find the ideal legal team, you can speed up your Thai company registration process AND possibly gain a foreign business license.

How Do You Obtain The License?
Gaining the license could make the Thai company registration process easier but getting it is no easy task unless you hire the services of a top notch legal team. For starters, you need to convince Thai authorities that your proposed business couldn’t be carried out competently by a company that is owned by a Thai majority, that the business does not pose a threat to national security or stability and that it is beneficial to the Thai economy.

If you think carefully, the difficulties of proving all of the above are glaringly obvious. The most blatant culprit is the first issue: How can you prove that a bar or restaurant business can’t be competently managed by a majority Thai owned company? Simple answer, you can’t!

The Process
Unlike the Thai company registration process, obtaining the license seems simple in theory. All you have to do is send your application to the Ministry of Commerce before you start up your business. The Foreign Business Committee reviews the application and must make a decision within 60 days. However, the application itself is very complex and could take months to figure out. Assuming you file under your foreign company’s name, you need to have corporate documents certified by the local foreign minister, the Thai embassy and a public notary. In most cases, you are better off beginning the Thai company registration process as a Thai company and allow that company to fill in the application.

Rejection Or Acceptance
If you application is rejected, the Foreign Business Committee will inform you in writing within 15 days of their decision. This letter will explain the reason(s) for your rejection. You can appeal within 30 days of receiving the written notice. If your application is accepted, it will be subject to certain conditions including the minimum capital requirement and number of foreign directors who can reside in the country. Under the license, your business needs initial capital of at least 3 million baht or 25% of the annual spending projection over a 3 year period with the larger figure taken into account.

Are the rules of foreign business license and Thai company registration getting you down? If so, simply contact a Thai legal team as they successfully bypass all this legal tape and get you started.

What You Need To Know About Contested Divorce In Thailand

If you feel as if your marriage is over, it is necessary to think long and hard about divorce in Thailand if you currently live there. It is never a pleasant situation but once the resolution has been made by at least one of the married couple, the sooner it is settled, the better. If both parties are in agreement, an uncontested divorce in Thailand will save time, stress and money. However, if only one person wants the divorce, it will be necessary to enter into contested divorce proceedings which are decidedly less straightforward.

Contested Divorce In Thailand
Although Thailand has many things in its favour, swiftly dealing with a couple keen on contesting a bitter divorce is not one of them! Like with virtually every other country in the world, a contested divorce in Thailand involves a court date, time and potentially a great deal of expense. Such proceedings occur when one individual feels as if their spouse has broken the marriage agreement. While a couple may agree to divorce, things could become complicated when it comes to sharing property and in terms of child custody.

Grounds For Divorce In Thailand
There are a host of legal grounds for divorce including the usual issues relating to the poor behaviour of a spouse. Adultery and physical or mental abuse of a spouse are naturally automatic grounds for divorce. Interestingly, if a spouse has deserted for a year or has been jailed for more than 12 months, a divorce can be requested. Likewise, a divorce can be sought after if a spouse vanishes for 3 years or has been suffering from a mental illness for the same length of time. Other grounds include failure to provide adequate financial support, if a spouse has a physical disability or if a spouse suffers from a serious and potentially infectious disease.

The Court Case
This can be a long and drawn out affair depending on the parties. The average court divorce in Thailand takes 6 months to settle though it is not unusual for more complex cases to take years. Cases involving property and child custody are usually the lengthiest. If one of the divorcing parties is non-Thai, the divorce decree will be translated into English. Thereafter, it will be legalised by the Thai Ministry of Foreign Affairs. It is also important for the divorced party to check with his/her Foreign Embassy in Thailand to find out if the decree has to be submitted or reported there. Thai nationals have their decrees recorded at their local amphur.

It may dawn on both parties that a contested divorce in Thailand does not benefit either of them. In such cases, it is possible to make the switch to an uncontested divorce by initially withdrawing the contested divorce case and filing an uncontested one instead.

Whether it is decided that the marriage cannot work for cultural reasons or else one spouse is guilty of breaking the bond of marriage, a divorce in Thailand is the way to solve the issue. Choose between the complex contested divorce proceedings or speed things up with the fast and inexpensive uncontested option.

Company Registration In Thailand? Worry About Finding An Apartment First!

It goes without saying that if you wish to complete company registration in Thailand, you need to get your hands on property. What is often overlooked however is the purchase of a home or condominium. Companies focus so much attention on finding the best land for their business that living quarters becomes something of an afterthought. Unless you are planning on living on the streets or wish to sleep in your office, you need to put some effort into finding suitable living arrangements. Fortunately, Thailand offers plenty of affordable accommodation.

In a recent Global Property Guide report, it was found that Bangkok was one of the world’s cheapest cities when it came to finding a condo. This is great news for those seeking company registration in Thailand as it will be a welcome relief to have a high quality home to reside in once you are settled in the country. The average price per square meter for an apartment in Bangkok is slightly over $2,200. In terms of gross rental yield, Bangkok narrowly missed out on the world’s top 20 cities with an impressive yield of almost 8% per annum.

The Condo Market
There are a total of six different condo categories in the country and you thought company registration in Thailand was complicated! They are as follows:

- Economy: Less than $2,000 a square metre, these condos are found just outside the city of Bangkok.
- Middle: Less than $2,700 a square metre, this accommodation will be closer to the city.
- Upper: Less than $3,300 per square metre.
- High End: Less than $4,300 per square metre.
- Luxury: Below $6,000 per square metre.
- Super Luxury: This refers to anything over $6,000 per square metre and such condos are better described as being palaces!

Finding Information
It can certainly be difficult to find proper accommodation as you are unfamiliar with the place and have most of your energy focused on company registration in Thailand. A safe bet is to go to the website of the Real Estate Information Centre which has content in English. Raimon Land is another high quality site though it focuses mainly on the centre of Bangkok and Pattaya.

Handy Tips
Common sense dictates that you should be looking for an apartment before you come close to completing company registration in Thailand. Therefore, you need to take advantage of any quick tips you can to speed up the process. Most Thai property experts suggest that you look at a map of Thai schools and purchase property in the region. Why? Because you will be located close to a transit system and if you have kids, it will be easy to get them started in school. It really is a no lose situation because you will always find a willing buyers as parents are constantly searching for accommodation in close proximity to schools.

Although it is easy to get caught up in the excitement of company registration in Thailand as you get close to fulfilling a dream, you need to worry about living quarters too. Use the above information to speed up your search and find a luxurious yet affordable Thai home.