US Treaty of Amity Company Setup in Thailand
Under the 1966 US-Thailand Treaty of Amity, a US citizen or a US-incorporated company can own up to 100% of a Thai business in most sectors, bypassing the Foreign Business Act's ownership cap entirely. DeeMED handles the Foreign Business Certificate application and the company structure it depends on.
Last reviewed: July 2026
What the treaty actually grants
The 1966 US-Thailand Treaty of Amity and Economic Relations lets a qualifying US person or company hold up to 100% ownership of a Thai business in most activities, in exchange for a structural requirement DBD administers when issuing the Foreign Business Certificate: Americans must hold at least 51% of the company's shares, and at least half the board of directors must be American citizens. The mechanism isn't a license in the sense an FBL is; it's a Foreign Business Certificate, issued once the Thai company is registered and the qualifying American ownership and board structure is documented and verified.
Capital requirements
A Treaty of Amity company needs a minimum registered capital of 2 million THB if it does not also need an FBL for a separately restricted activity, or 3 million THB per restricted activity if it does. Getting this capital structure right at registration matters: it's assessed alongside the ownership and board composition when the Foreign Business Certificate application is reviewed, not adjusted after the fact.
Fees and timeline
The Foreign Business Certificate application carries a 2,000 THB application fee and a 20,000 THB issuance fee once approved. From DBD company registration through Foreign Business Certificate issuance, the full process typically runs 6 to 12 weeks, depending on how quickly the American ownership and board documentation can be verified.
Where verification actually stalls
The 6-to-12-week window above assumes verification goes smoothly. In practice, the most common delay isn't the Thai side of the application, it's proving the American ownership actually qualifies. A US-incorporated company being American isn't enough on its own: the treaty traces through to the ultimate individual shareholders, so a Delaware LLC owned by non-US nationals doesn't qualify just because it was formed in Delaware. DeeMED verifies the full ownership chain, passport documentation for each qualifying board member and shareholder, and the underlying corporate structure for any US entity in the chain, before the application goes in, rather than finding a documentation gap after the Foreign Business Certificate review has already started.
What the treaty does not cover
The Treaty of Amity resolves ownership structure. It does not grant a visa or work permit to any American shareholder, director, or employee of the company; standard immigration rules still apply, meaning the company's American staff still need a BOI promotion-linked visa route or a standard Non-B visa and work permit through the normal process. It also does not exempt the company from Thai FDA or DTAM product licensing: a Treaty of Amity-structured pharmaceutical or supplement importer still has to register its products separately, the same as any other entity structure.
DeeMED handles Treaty of Amity company setup end to end for qualifying US citizens and US-incorporated companies: the DBD registration structured to meet the ownership and board requirements, the Foreign Business Certificate application, and coordination with the visa and Thai FDA or DTAM licensing your business will also need. Talk to us before you register to confirm your structure qualifies.
