Review US investor eligibility, ownership, business activities and foreign business certification under the Treaty of Amity; not every activity is covered.
Incorporating a company with US investors and obtaining treaty-based permission are separate tasks. Start with the ownership chain and actual revenue-generating activities, rather than a package described as unrestricted foreign ownership. This guide prepares an eligibility and certificate review; it does not establish that any applicant qualifies automatically.
| Topic | Starting information | Review question |
|---|---|---|
| Investors | Nationalities, shares and ownership chart | Eligibility and control |
| Business | Products, services, customers and revenue | Treaty scope and reservations |
| Evidence | Existing corporate and director records | Recipient document requirements |
Prepare investor nationalities, shareholders, share proportions and intermediate companies, together with directors and control arrangements. Corporate shareholders require their own incorporation and ownership evidence. Incorporation in the United States alone should not be assumed to resolve every nationality or control condition.
Describe the products or services, customers, revenue sources and operating locations. The treaty is not permission for every activity or a general right to own land. Reserved activities and sector-specific laws need separate assessment. Avoid blanket claims that all Foreign Business Act lists are exempt without conditions.
Check the evidence and certification steps involving the US authorities separately from the Foreign Business Certificate process with the Department of Business Development. Match the applicant and requested activities across the documents. Confirmation by one authority is not a substitute for the other authority’s requirements, and a certificate should not be confused with a discretionary Foreign Business License.
Assess sector licences, VAT, accounting and staff work permissions against the actual operations. Treaty-based certification does not automatically confer BOI incentives, a visa or a work permit. List these as separate tasks in the project plan and written scope rather than assuming they are included in incorporation.
Send an ownership chart, activity summary, existing corporate records and the intended filing scope. Confirm accepted language, copies and certification with the recipient before paying for translation or legalisation. Share only necessary personal data through an agreed channel, and never provide passwords or signed blank forms.
Ask staff for a written quotation after review. Distinguish ownership advice, incorporation, certification, translations, official fees and additional work. Document readiness and authority review affect timing. Neither a fixed completion interval nor eligibility or approval is assured.
General preparation guidance. Check current announcements and project facts before filing; eligibility and approval are not assured.
