Answered2 years ago

Can I open a TikTok Shop agency in Thailand using the Treaty of Amity, and can I sponsor my own work permit?

Treaty of Amity U.S. citizen businesses in Thailand TikTok Shop e-commerce regulations work permit sponsorship Thai business law

Janelle *****

asked Oct 11, 2024

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Treaty of Amity : if you use the treaty of Amity to open a TikTok Shop agency, does the law against doing online commerce selling not apply in this case?

The wording of the Treaty of Amity is confusing. It says it removes standard restrictions on foreign nationals minus in the 4 prohibited categories.

None of those categories are e-commerce or influencer marketing related.

Basically we want to open a talent agency in partnership with TikTok Thailand (MCN) and I've already got the connects.

And can I sponsor my own work permit with the agency?

I won't need a Thai partner according to the treaty

Answer summary

The Treaty of Amity allows American citizens to operate a business in Thailand, giving them rights similar to Thai nationals. Since e-commerce and influencer marketing are not prohibited under this treaty, you may open a TikTok Shop agency without needing a Thai partner. You can also sponsor your own work permit through your agency, provided you meet Thai legal requirements, such as having a registered company with sufficient capital and Thai employees.

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Pranom **********

The Treaty of Amity allows U.S. citizens to operate a business in Thailand with similar rights to Thai nationals, meaning you can own 100% of the business without needing a Thai partner, except in industries that are specifically prohibited. Since e-commerce and influencer marketing are not among the restricted categories (banking, land ownership, agriculture, and internal communications), it seems that your planned TikTok Shop agency would fall under the Treaty’s protections.

As for sponsoring your own work permit, yes, you can sponsor your own work permit through your agency, as long as the company is properly registered and meets the financial and legal requirements for work permit sponsorship (such as having a minimum capital and hiring Thai employees). You’ll need to ensure that the business structure and operations are compliant with Thai law for work permit applications.

It’s advisable to consult with a legal expert in Thailand to ensure full compliance with both the Treaty and Thai labor laws.

Janelle *****

thank you ka

Pranom **********

you are welcome ka

Jonathan *******

Are you an American citizen? Just to check as Amity only applies to Americans.

You will need a registered limited company and a 2nd shareholder as its a legal requirement.

For the company to support a work permit you will need 4 Thai employees and 2 million THB in registered capital

2 years ago

Janelle *****

@Jonathan ******

so because I’m Asian you automatically assume I’m not American?

Of course I am. That’s why I’m asking about it.

But ok thank you . The second shareholder could be another American right?

2M is very affordable for sure

2 years ago

Jo **********

@Janelle ****

he asked a polite question there is no need to be rude, impolite, and a bully. And he did not assume anything.

2 years ago

Jonathan *******

@Janelle ****

i ask as I work for a company who does company registration in Thailand and many non Americans ask about Amity. How could I know, I just read to post which didn't mention it.

Second shareholder can be anyone, doesn't need to be American, but 51% of the shares need to be held by an American.

That's 4 thais and 2 million per work permit

2 years ago