Contract Legal Review in Thailand

Contract Legal Review in Thailand

If you have entered into a contract in Thailand and you are unsure about whether or not it is legally binding, you may want to have a Contract Legal Review performed. Getting a law firm or lawyer that specializes in contract legal reviews is highly recommended. Thai contract review lawyers can explain all the details of a contract and suggest factors in line with Thai law. In addition to contract legal reviews, they offer free consultations.

Retaining the Service of a Contract Lawyer

A foreign attorney has an advantage in contract legal review in Thailand as they can foresee possible pitfalls that a non-Thai may face. They can weigh the implications of having different laws in various jurisdictions, and can look for unequal rights or legal ambiguities. They can also provide insight into how to protect your interests and minimize the risk of a contract getting out of hand. They have the right knowledge to advise you on the best way to resolve a potential contract dispute.

Law Office in Thailand

If you are seeking a lawyer in Thailand to help you with your contract, there are many advantages to working with them. For example, you will be able to get a contract reviewed without leaving your home. This is an excellent option if you live in Thailand and need to get the contract reviewed before you enter into a new agreement.

Cost of Contract Legal Review

Contract legal review is essential to protect your business. Many top officials are in a rush and have too much on their minds. Hiring a legal professional to review your contract can help you avoid costly lawsuits and avoid unnecessary complications. You can save yourself a lot of hassle by hiring a contract legal reviewer with litigation experience. These experts can help you understand your contract in detail and determine whether it is in your best interests.

Requirements for a Contract Legal Review

One of the best ways to protect your interests when buying property in Thailand is to have a contract legal review done. These reviews will ensure that all of the terms of the contract are fair and legal. The lawyer who drafts the contract will always be acting in the best interests of the seller, so you should be able to expect a fair deal. In addition to ensuring that you get the best deal possible, contract reviews will also protect you from any legal pitfalls that can ruin your property purchase.

Property Title Deed Transfer in Thailand

Title Deed Transfer in Thailand

Upon settling in Thailand, you’ll want to make sure you know the legal jargon for property title in Thailand. In this article, we’ll cover Nor Sor 3 Kor, Chanote, Possessory right, and Full title deed. In addition, we’ll explain what these terms mean. And, of course, why they are important. In addition, we’ll go over some of the main types of property titles in Thailand, including those that grant the legal right to build.

Nor Sor 3 Kor

If you are looking to transfer your Thai property title, you may want to know the differences between Chanote and Nor Sor 3 Kor. Chanote is the higher title for investors and is GPS surveyed with unique numbered posts. The document can be transferred in less than a day, while Nor Sor 3 Kor is not as precise, but is still the most common title type in Thailand. Chanote is a better option if you’re transferring a piece of land quickly.

Chanote

Unlike Torrens Title in Australia, the Thai land ownership system is based on the concept of several title deeds. Most land titles in Thailand are issued by the Land Department and fall into one of seven categories. Five of these titles are issued by government departments, but there are several important differences between them. The title deed in the land owner’s hand and the version in the land office are inherently susceptible to manipulation.

Possessory right

When transferring a title in Thailand, there are two types of possession: possessory right and usufruct. Possessory right is the least recommended type, as it has little substantiation by the Land Department or the Local Administrative Office. Possessory right is also not recognized for the registration of superficies or leases against land. It is possible to buy land in Thailand via possessory right, but you should seek legal guidance when buying a pre-construction property.

Full title deed

A full title deed is a legal document that grants full ownership and legal rights to a plot of land. These rights are necessary for selling, leasing, and transferring land. The deed also helps protect the property from interlopers. According to Thai law, owners must use the land they own or risk the Land Department repossessing it for five years. In addition, having a full title deed increases the land’s value.

Foreign Exchange Transaction form

In order to transfer a title deed in Thailand, foreigners must present a Foreign Exchange Transaction form. Foreigners who do not have income in Thailand must provide proof that the funds were obtained from abroad. Most often, the bank that exchanged the funds will issue the form. The form will indicate the name of the condominium, unit number and the amount of money to be transferred to the developer’s bank account.

Due Diligence in Thailand

Property Due Diligence in Thailand

The first step in performing Property Due Diligence in Thailand is to get a full investigation done before signing any papers. In most cases, the process involves a comprehensive search for legal problems and documents. It may also include an investigation of the property. The lawyer conducting your due diligence can provide you with the information that you need to protect yourself from scammers. There are several steps to complete the due diligence process. Listed below are some of the most important steps that you must take.

Document review

In Thailand, the due diligence process involves a thorough investigation of property details. The property due diligence process includes document review, comprehensive search for legal problems, and investigation of the property itself. The due diligence process also involves asking questions to establish the legal ownership of the property, its reliability, and the condition of its infrastructure, including its telephone and sewage systems. It also involves the investigation of a seller’s financial status.

Comprehensive search for legal issues

Buying a home or investing in a business requires a great deal of foresight and preparation. Fortunately, Thailand is becoming an increasingly popular place for foreigners to buy second homes. Whether you plan to invest in an apartment or a luxury villa, you should conduct a comprehensive search for legal issues before you make a purchase. The following tips can help you avoid costly mistakes and avoid losing money on a deal that does not meet your expectations.

Investigation of the property

If you’re planning to purchase a property in Thailand, you should perform proper due diligence to avoid any legal issues that may arise. This involves reviewing financial statements and other documents and thoroughly investigating the property. You should also inquire about the legal status of the seller and the property’s infrastructure, including sewage and telephone systems. Moreover, you should check whether the property’s boundaries and other details are consistent with the title deed.

Servitude checks

When buying a property in Thailand, it is vital to perform due diligence. This includes checking property title documents for servitudes, building permits, and litigation cases against the owner. Servitudes are liens placed on land for the benefit of another property. Thai lawyers can perform these checks on your behalf. Having your property title documents checked by a Thai lawyer can be crucial to the transaction. The following are some basic steps to conduct your due diligence in Thailand.

Land ownership laws

Land ownership laws in Thailand make it difficult for foreigners to purchase real estate in the country. While the Land Code Promulgating Act clearly states that foreigners can purchase land in Thailand, it hasn’t been in place for nearly 50 years. Foreigners can acquire land in Thailand only through a treaty. Fortunately, there are ways around this problem. Listed below are the main points to keep in mind when purchasing land in Thailand.

Prenuptial Agreement in Thailand

Preparing a Prenuptial Agreement in Thailand

If you and your partner plan to marry in Thailand, you should draft a Prenuptial Agreement. This legal document specifies how you will divide your assets and liabilities during the marriage. It is a legal document that must be signed before two witnesses and registered at the same time as your marriage. To protect your interests, you should have a lawyer review your agreement before signing. In Thailand, it is common for a prenup to contain no restrictions on child support or property.

Prenuptial Agreement Between Parties

In Thailand, the Civil and Commercial Code contains a section that regulates prenuptial agreements. In order to be enforceable, the agreement must be signed by both parties and witnessed by at least two witnesses. Once it is signed, it must be registered at the same local district office as the marriage registration. This way, if either party decides to divorce before the prenup is completed, the prenup will be registered. The document cannot be changed after the marriage registration.

As a Legal Document

A Prenuptial Agreement is a legal contract between two parties prior to the wedding. It is not enforceable in Thailand if the wife files for divorce due to the husband’s infidelity. Thailand’s Civil and Commercial Code outlines the rules for this document. Basically, it states that it cannot be altered after the wedding without the court’s consent. Thai law also requires that any spouse who is underage must obtain the consent of his or her parents, guardians or legal representative. The agreement specifies the debts of both parties. In Thailand, for instance, a husband’s debt will be personal, while his wife’s debt will be business-related.

Conditions of Prenuptial Agreement

It must be signed in front of 2 witnesses

In Thailand, a prenuptial agreement must be signed in front two witnesses. The agreement must be related to property laws, including the Thai property system. It cannot include terms relating to the custodian, divorce, or the infatuation of one of the parties. A Thai family law lawyer can help you draft the agreement and make sure it is valid in Thailand.

It must be registered at the same time as the marriage

If both parties are willing to sign a prenuptial agreement, it must be registered at the same time as the wedding. In Thailand, a prenup is legally binding and cannot be altered after the marriage. In addition, it cannot affect the rights of third parties, provided they act in good faith. If you are planning to marry in Thailand, you should consult with a family lawyer.

It should be drafted by a licensed competent legal professional

In Thailand, the Prenuptial Agreement is a legal document that protects the personal property of each spouse during the marriage. It prevents unnecessary disputes about who owns certain items. A prenuptial agreement in Thailand will also protect your personal property rights in case you divorce. It serves as legal evidence that you brought your personal property to marriage and what you’re entitled to.

Company Registration in Thailand

Company Registration in Thailand

If you’re thinking of starting a business in Thailand, you’ve probably heard of the steps and requirements for Company Registration. But what about minimum capital requirements? How much money does it cost? How much does company registration in Thailand really cost? And what are the forms required? Read on to find out! Also, get an overview of the process in this article. There are also answers to some common questions about company registration in Thailand. We’ll explore those questions as well as the cost involved.

Forms of company registration in Thailand

The forms of company registration in Thailand include an application form, shareholder list, director forms signed by the directors, and a Declaration of Business Operation form. The company’s stamp acts as its signature for all business activities, and it will also provide a taxpayer identification number. As part of the Treaty of Amity, US companies are allowed to hold a majority of the shares in a Thai company. After company formation, the director must meet with the Department of Business Development to discuss all documents and sign them.

The Memorandum of Association is another important document to complete during the company registration process. This document specifies the name and address of the company, and the objectives and capital to register. It must also specify how many shares of the company are issued and how much each share is worth. There must be at least three promoters of the company to complete the process. A special form is available at the registrar for registering the Memorandum of Association.

Minimum capital requirements for company registration in Thailand

For a foreign business to be able to conduct the reserved business in Thailand, it must have a Foreign Business License. For this to happen, the branch office must apply for this license, which will be granted after it has fulfilled all the requirements and received approval from the government. The capital required for the registration of a foreign branch office must be greater than the average annual operating costs of the company over three years. In addition, the capital must be at least 3 million baht.

The capital requirement for a Thai company depends on the purpose of the company, but it is generally two million baht. Each additional work permit requires another two million baht in registered capital. Depending on the type of company, the minimum capital may vary. A majority-owned Thai company will need at least three million baht of capital. The same is true for manufacturing and sourcing companies. Alternatively, a company with limited activities must have at least 100,000 baht of capital in order to register with the government. However, many banks do not open accounts for companies with less than this amount.

Cost of company registration in Thailand

The total cost of company registration in Thailand is about 25,000 THB. The minimum capital required to register a company in Thailand is Baht 5 per share. If the company has three shareholders, it will cost around Baht 15 per share. No matter the capital amount, the government fee to register a company is the same. You can also register a private company with a minimum paid-up capital of 25% or with a fully paid-up capital of 100%.

In Thailand, it is mandatory for promoters to own a minimum of one share. If they don’t wish to be shareholders, they may transfer their shares to other parties. This particularity is only applicable in Thailand. When registering a Thai company, you must supply at least three possible names for the company. However, if the chosen name is already used or is inappropriate, the registrar has the right to reject it.

Living in Thailand

Living in Thailand

Living in ThailandIf you are thinking of living or retirement in Thailand then consider the options of where you would want to live. Many prefer the seaside resort of Pattaya as it has a party atmosphere all the time. Other prefer to move to Isaan and live with their Thai wife and family while those with a better pension fund prefer Phuket. Each location in Thailand has its own character. You decide what it is that you want out of your retirement and choose a city in Thailand from there. Thailand has it all!

Here are a few things to consider:

1. Do you want to rent or buy your condo unit. Most prefer to rent as there is an option to move away if you do not like the area. Others rent for 5 years with an option to buy after the 5 year period. This way they can decide if they like the area and wish to live there for the next 10+ years while in Thailand. If you are buying a condo unit then speak to a lawyer in Thailand for help as fraud can be a major problem.If you are married to a Thai and you bought a house in her name then ensure that you have a usufruct over the property in the event of a divorce. Since you cannot own the house or land in Thailand she may simply show you the door. The usufruct gives you bargaining power if you ever end in a divorce.

2. Healthcare in Thailand is very good and very reasonable. Now remember that cash is king. Medical aids normally do not settle with the hospitals and you would first have to pay then claim from the medical. Even the local insurance companies do not settle directly. You need to take the paid account to them and they will issue you with cash while you wait. ThaiLife does this and you normally wait an hour at their offices to get your money back from the hospital account which you paid.

3. Getting married normally happens in Thailand and you would normally be asked for a dowry in Thailand. Many times this can be a ridicules amount of money and normally a local middle class Thai would be able to tell you what is the appropriate amount to give to the parents. Anything over what is normal would make you look like a cash cow and create more problems down the line. Also ensure that you have a will and testament and it is also ways best to get a prenuptial agreement if you have money or investments in your home country.

If you are retiring in Thailand then the lawyer who did your Thai visa will normally be able to give you solid advice as to what to expect from your new found country, how best to live in Thailand and above all how not to loose your head or your retirement package while in Thailand. Call us today or speak to us online fro more information.

Law firms in thailand

Lawyers in Thailand – Thai Lawyer

Law firms in thailand

Finding a lawyer in Thailand is not easy if you have not lived in Thailand or have regular contact with expats in Thailand. Below are locations of trusted law firms you can try.

Office locations in Thailand

Bangkok
Interchange 21 Building,
23rd Floor, 399 Sukhumvit Road,
North Klongtoey, Wattana,
Bangkok 10110
Tel: 662-259-8100
Fax: 662-259-8010

 

Phuket
123/27-28 Moo 5, Bangtao Place T. Cherngtalay, A. Thalang,
Phuket 83110, Thailand
Tel: 66 06-326-322

 

Pattaya
6/56 Moo 6, North Pattaya Road,
Banglamung, Chonburi 20150 Thailand
Tel:66 38-370-786

 

Chiang Mai
Curve Mall 2nd/F Room C219-C220
215/2 Chang Klan Road,
Muang, Chiang Mai 50100 Thailand
Tel: 66 53-818-306

consumer-protection

Buying a boat in Thailand

If I had a dime each person wanted to know about buying a boat I would be a millionaire. This question always comes to the fore in Pattaya and in Phuket as a business venture idea. Many expats decide that they want to start a business. There a different types of businesses which can be registered. The most common being the Thai limited company. The business of boats are however another issue. Normally a foreigner may only own a boat for the purposes of recreation and not as a commercial venture. So yes, you can have your Thai registered boat, but not for your business. Now this is when it becomes a little bit complicated.

Owning a boat for a commercial venture however needs to have 70% Thai partners and foreigners can own the other 30%.  Not like a normal Thai business now is it? The rules do change from time to time and it is best to speak to any of our lawyers in Thailand either in Phuket, Pattaya, Hua Hin, Bangkok and even in Chiang Mai and Samui. Owning a boat in Thailand is a great idea, however the legal implications with regards to generating money with it is another issue all together.  Speak to us today, either online, via our toll-free US or UK telephone numbers or visit any of our friendly office in Thailand. We are always here to provide you with cost effective solutions for your business venture in Thailand.

Getting Divorced in Thailand

Getting Divorced in Thailand

Getting Divorced in Thailand

Getting divorced in Thailand is straight forward unless there is a property dispute or a dispute relating to the children. This is where you need a divorce lawyer as the process will become complex. If both parties agree that they wish to divorce then they simply need to file the forms at the local government office. If there are children there a forms which need to be filled in with the application for a divorce. No courts are needed when both parties agree on settlement however when property is involved or children more often than not they end up on the court role. The justice system in Thailand is slow and complex and it is best to have an attorney with you as the proceedings will be in Thai.

 

If you are not in Thailand and your wife has petitioned the court you can file your objection from outside Thailand however you will need to appear in court when called to do so. Speak to one of our divorce lawyers as how to best deal with your divorce and how the division of property would normally occur. If you have a prenuptial agreement you will also need this during the divorce proceedings. Speak to one of our lawyers online, in person or via our toll-free US or UK telephone numbers.

Call us now – see our main website!

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Moving to Thailand – Thailand Imports

When you retire in Thailand you are allowed to bring in your personal effects from your home country. There are time limits to bring in your goods duty free.  Retirement starts with good arrangements and assistance. The following list is from Thai Customs and the procedures are listed for importing your goods. If you are not certain how to arrange this speak to one of our attorneys who will be able to assist you while we apply for your retirement visa. Personal Effects refer to items clearly identifiable as personal use, such as clothes, shoes, books, etc. These items at the time of his/her entry into the Kingdom of Thailand are exempted from customs duties. However, such items do not include automobiles, weapons and ammunition, and food items. If not certain speak to the lawyers who did your retirement visa application as they normally know how to bring in your goods duty free within 6 months after your visa has been issued.

Personal effects not granted exemption from payment of customs duty

Pets. Pets brought into the Kingdom of Thailand are not exempted from customs duties. A permit must be granted from the Livestock Department prior to the date of entry.

Food. Any person wishing to bring food items into the Kingdom of Thailand must obtain a permit from the Food and Drug Administration, Ministry of Public Health.

Weapons. A permit must be granted from the Department of Provincial Administration.

Automobiles. A permit must be granted from the Commerce Ministry and the Department of Industrial Works, Ministry of Industry.

Household Effects refer to other properties not considered personal effects and which were in the owner’s possession prior to his/her change of residence, such as televisions, refrigerators, air conditioners, household decorations, etc., which have been previously used. In the case of individuals entering the Kingdom of Thailand, only one unit each of such item is eligible for tax and duty free allowance. In the case of a family change of residence, two units each of the items will be allowed to bring in tax and duty free. Items may be imported free of tax. Any excess unit shall be subject to regular taxes and are charged according to the most highly priced unit or the unit subject to duties the highest tax rate respectively.

Items must arrive in the Kingdom of Thailand not more than one month prior to the owner’s arrival or not more than 6 months after his/her arrival and/of the necessary permits are obtained.

Documentation
1. Passport
2. Bill of Lading or Airway Bill
3. Invoice (if any)
4. Delivery Order
5. Inventory or purchase document
6. Customs Permit (if items shipped by air)
7. Identity Card (in the case of personal items)
8. Proof of Change of Residence
8.1 Foreigners must have documentary proof of having received permission to work or reside in Thailand for not less than 1 year. This includes a work permit from the Department of Employment, Labor Ministry, of a visa from the Immigration Department.

8.2 Thai nationals must present proof of having lived abroad for a period of not less than one year.
9. If you are unable to complete these customs procedures yourself, you must provide a letter of proxy appointing someone else to act on your behalf.

Clearance Procedures

1. The importer/agent submits documents for inspection at the Customs Department/port of entry.
2. Customs officials complete importation forms, determine eligibility, and assess duties, if any.
3. Importation forms are returned to the importer bringing goods into the country, who then takes them to be recorded and pay customs duties, if any.
4. Importer/Agent Collects Items from the port of entry.