For those seeking an extended and luxurious stay in Thailand, the Thailand Elite Visa program beckons. This exclusive program transcends a standard retirement visa, offering long-term residency with a multitude of perks and preferential treatment.
The Thailand Elite Visa, also known as the Thailand Privilege Card Visa, caters to a wider audience than just retirees. It functions as a long-term, multiple-entry visa program, ideal for:
This program is a perfect fit for those who:
The Thailand Elite Visa unlocks a world of luxury and unparalleled convenience. Whether you envision a relaxed retirement, a productive remote work haven, or creating lasting family memories, this program allows you to experience Thailand to its fullest.
For comprehensive details on eligibility requirements, specific package inclusions, and the application process, visit the official website of Thailand Privilege Card Company Ltd. Alternatively, consult with an immigration professional specializing in Thailand visas to ensure a smooth and successful journey towards your Thai residency.
Transferring Title Deeds in Thailand. Achieving and transferring property represents a momentous occasion in an individual's life; therefore, knowledge of the legal procedure is essential for a seamless transfer of ownership. The transfer of title deeds, referred to as Chanote in Thailand, is a methodical process encompassing adherence to local regulations, financial transactions, and the submission of legal documentation. This article offers a comprehensive overview of the procedure for transferring title deeds in Thailand, including its legal implications, significance, and essential steps.
A. Legal Ownership: The title deed functions as a legally binding document establishing ownership, safeguarding and providing assurance for property rights.
B. Transaction Validation: Property transactions are verified to be legitimate and the vendor obtains the property's rights through the use of properly transferred title deeds.
C. Asset Valuation: Particularly in the context of loans, mortgages, or property development, title deeds are crucial for acquiring property valuations.
A. Chanote, the most secure and favored type of title instrument, furnishes comprehensive particulars pertaining to the property's perimeters and land utilization.
B. Nor Sor 3 Gor: In contrast to Chanote, this land title deed offers a more restricted scope of details regarding land boundaries.
C. Nor Sor Sam: This is a less secure, lower-level title deed that only provides approximations of boundaries according to aerial surveys.
A. Preliminary Due Diligence: Perform an exhaustive inquiry into the ownership record, ownership history, and any encumbrances that might impact the transfer of the property.
B. Purchase Agreement: Compose and affix one signature to a purchase agreement that delineates the comprehensive stipulations of the property transaction, encompassing the purchase price, payment schedule, and transfer conditions.
C. Title Deed Examination: Obtain the services of a certified legal professional to perform a thorough evaluation of the title deed in order to verify its validity and ascertain that it is devoid of any encumbrances.
D. Tax Clearance: In accordance with Thai legislation, remit the requisite transfer fees, which comprise the specific business tax, registration duty, and withholding tax.
E. Funds Transfer: Substantiate the vendor with the agreed-upon purchase price in accordance with legislative and financial protocols.
F. Transfer Registration: Finalize the registration process for the transfer of title deed at the Land Office located in the vicinity, where the ownership particulars shall be revised.
A. Land Zoning and Restrictions: Confirm that the property is properly zoned in accordance with local zoning regulations and for the intended use.
B. Encumbrances and Liabilities: Conduct an examination of the property to identify any extant mortgages, liens, or legal claims.
C. Tax Delinquencies and Fees: Prior to the transfer, verify that all property taxes, utilities, and related fees are in full payment.
D. Transfer Costs and Fees: Taxes, stamp duty, and legal fees are among the various fees that may be incurred during the transfer of a title deed.
A. Title Deed Update: Inspect the local Land Office to have the title deed updated to reflect the new ownership information.
B. Utilities and Services: Transfer to the new proprietor the name associated with utility services, including water and electricity.
C. Property Insurance: Protect against potential liabilities or risks by arranging for property insurance coverage.
In Thailand, the transfer of title deeds is a meticulously planned undertaking that requires due attention to legal, financial, and administrative factors. Prosperous and secure property transactions can be achieved through the implementation of diligent due diligence procedures, the involvement of competent legal professionals, and strict adherence to local regulations. Gaining knowledge of the importance and procedural intricacies associated with transferring title deeds enables individuals to confidently maneuver through the system, thereby guaranteeing a smooth and fruitful transfer of property ownership.
Notary Public in Thailand. In the realm of legal and business transactions, the role of a Notary Public is pivotal in ensuring the authenticity and legality of documents. Thailand, a hub for international business and commerce, has its own system of Notary Public services, playing a crucial role in certifying and validating various legal documents. This article explores the significance, functions, and the process of notarization in Thailand.
A. Definition:
B. Appointment and Authority:
A. Witnessing Signatures:
B. Certifying Copies:
C. Administering Oaths and Affirmations:
D. Notarization for International Use:
A. Document Preparation:
B. Personal Appearance:
C. Verification of Identity:
D. Notarial Certificate:
E. Record Keeping:
A. Acceptance in Foreign Jurisdictions:
B. Legalization and Apostille:
In Thailand, the role of the Notary Public is fundamental in upholding the integrity of legal documents and facilitating smooth international transactions. Whether for business agreements, real estate transactions, or legal affirmations, notarization adds a layer of authenticity that is recognized and respected globally. Understanding the functions and the process of notarization is essential for individuals and businesses engaged in cross-border activities, ensuring the legality and acceptance of their documents in the international arena.
In the intricate landscape of legal and business dealings, the Power of Attorney (PoA) emerges as a valuable legal instrument, granting an individual the authority to act on behalf of another. Thailand, with its dynamic business environment and international engagements, recognizes and regulates the use of Power of Attorney. This article navigates through the nuances of Power of Attorney in Thailand, elucidating its significance, types, and the process of execution.
A. Definition:
B. Importance in Legal Transactions:
C. Types of Power of Attorney in Thailand:
A. Drafting the Document:
B. Choosing the Agent:
C. Notarization and Certification:
D. Translation (if applicable):
E. Legalization (if applicable):
F. Registration (if applicable):
A. Real Estate Transactions:
B. Financial Matters:
C. Legal Representation:
D. Business Transactions:
Power of Attorney in Thailand is a powerful legal tool that empowers individuals to navigate legal, financial, and business matters efficiently. Understanding the types, process, and uses of Power of Attorney is crucial for individuals and businesses engaged in diverse transactions. Whether facilitating real estate deals, managing financial affairs, or representing someone in legal matters, a well-executed Power of Attorney ensures that actions are taken with the legal authority and consent of the principal. It stands as a testament to the legal sophistication of Thailand, providing a framework for secure and effective delegation of authority in various aspects of life and business.
Property due diligence in Thailand is an essential process for individuals or companies interested in purchasing or investing in real estate. Conducting thorough due diligence helps assess the legal and financial aspects of a property, ensuring a secure and informed decision. While we can provide some general guidance on property due diligence in Thailand, it's important to consult with legal professionals and experts familiar with Thai property laws for comprehensive and up-to-date information. Here are some common aspects to consider during property due diligence:
Remember, property due diligence can be complex and country-specific. Engaging qualified legal professionals, property consultants, and experts with local knowledge is crucial to ensure a thorough and accurate assessment of the property's legal and financial aspects in Thailand.
After having experienced the beauty and mystique that is the Kingdom of Thailand, many people want to make it their permanent home. Thankfully Thai immigration is not just a dream and can be done in various ways. This article will go through the most common of these methods. Most importantly, the first step would be to employ a Thai immigration lawyer to help with the transition and pave the way to living in paradise. We will explain the following visa types below: Retirement Visa, Business Visa, Marriage Visa, and Elite Visa.
What could be more ideal than living in a renowned place with lush forests, beautiful beaches, and rich cultural heritage? Thailand is a dream location for many foreigners. With its laid-back lifestyle and friendly people, many people have chosen to leave their native countries and spend their sunset years there.
To begin the process of retiring in Thailand, first, the application for a Thai retirement visa must be done. The application can be completed either in your home country or in Thailand itself, at a Thai Embassy or Consulate. This is known as a Non-Immigrant O-Long Stay Visa.
This visa is more commonly known as "Extension of Stay Based on Retirement” and is the most popular choice for those planning to retire in the Kingdom of Thailand. It is a long-term visa that allows for multiple entries and single entries and is valid for a period of 1 year of uninterrupted stay.
The requirements for this visa are as follows: The Applicants must be 50 years of age or over. The applicants must meet the minimum financial requirements along with the relevant supporting documents. The details of which will be given by the Thai Immigration lawyer.
You may have to leave Thailand during your initial stay to finalise details of your retirement in your home country. Due to this, your Thai immigration lawyer will advise a multiple entry visa to be applied for. This will make trips back and forth much easier than applying for entry every time you return.
The visa may be denied upon re-entry into Thailand if a re-entry permit is not obtained beforehand. This permit can be applied for at a Thai consulate or international airport.
Once your retirement visa has been approved, allowing the 1-year stay in Thailand, the regulations that must be followed are:
A foreigner may come to Thailand to be employed or start a business in Thailand. This will require them to obtain a Thai Business Visa. Depending on the length of the stay, it can be converted to a long-stay visa. The visa that needs to apply for is called a Thai Non-Immigrant B visa.
Foreigners applying for a job or opening a business in Thailand will require a Thai business visa. This can be best applied for before coming to Thailand. In addition, this type of visa can be extended to a long-term visa which can be done at the local immigration office in the Kingdom of Thailand and will require sponsorship from a business or company in Thailand.
The Thai marriage visa is for foreigners married to Thai nationals. Like the retirement visa, a Thai marriage visa allows for a 1-year uninterrupted stay. It is renewable annually and, as stated, allows for the visa holder to seek and gain employment. It is commonly known as a "1-Year Extension of Stay Based on Marriage".
This is especially beneficial to those wanting to be employed or set up their own business in Thailand, as it negates the need to apply for a business visa. Only a work permit needs to be obtained, and it allows greater freedom of movement, including multiple entries into Thailand from abroad.
The final visa you can obtain for long-term stays in Thailand is the Thai Elite Visa. The name is only available to a select few that meet the general and financial requirements outlined in the Elite Visa application process. Its purpose is to attract and promote Thailand to foreign nationals with high incomes.
This visa offers a stay of up to 20 years. It applies to everyone who meets the criteria, from digital business people, company executives, and retirees who don’t want to go through the process of applying for and obtaining multiple visas every time they exit and enter Thailand.
This program is owned by the Thailand Privilege Card Company Limited, a subsidiary of the Ministry of Tourism and Sport. Various tiers of this program are available depending on the requirements and needs of the applicants. The benefits of the Elite Visa are:
As outlined above, there are many ways for the foreign national to gain entry to and enjoy a long-term stay in Thailand. Be it through marriage, retirement, employment, or simply spending time there through the Elite Visa Program. The dream of moving to and eventually settling in Thailand is achievable with the guidance and advice of a Thai immigration lawyer.
Thailand Board of Investment helps foreign businesses establish their companies in Thailand and ensures that their activities and business practices will benefit the kingdom.
The process of the BOI application is quite strict in that it must comply precisely with the regulations and the requirements of the application because its focus is on providing new technology and benefits to Thailand through foreign investors.
The Board of Investment Law is a promotional policy created by the Thai government in 1954 upon the announcement of its Industrial Promotion Act.
The government began actively promoting and subsidising incentives for foreign businesses willing to open and operate in the Kingdom of Thailand.
The BOI law is still enforced today, and through it, the government guarantees to neither interfere with nor nationalise foreign businesses. It is interesting to note that the Kingdom of Thailand was the first country in this region to have such an investment law.
The BOI has three key roles to play:
The Board of Investment operates directly under the office of the Prime Minister.
A BOI Company is a company that is a foreign investment company that has been certified by the Thailand BOI, a government body whose aim is to encourage foreign investment in Thailand.
Your business can enjoy a range of benefits by being certified by the BOI. There are many many advantages of setting up your BOI company in Thailand. Among these are significant tax waivers, multiple work permits, reduced processing times for work permits, and the ability to own land even if your company is majority-owned by non-Thai nationals.
BOI companies can enjoy specific tax and non-tax incentives. These incentives may be specifically attractive to foreign investors, without which they may be subject to stringent rules and regulations in conducting their business in Thailand.
A BOI certified company may be eligible for an exemption of Corporate Income Tax for a period of up to 8 years. They may also qualify for an exemption from or reduction of import duties for raw materials, as well as a tax decrease on the payable dividends to shareholders.
Further tax incentives may include deductions on the company’s transportation, electricity and water usage, and the installation costs of the project’s infrastructure. Summarised below:
Non-Tax privileges allow a BOI promoted company to hire foreign skilled workers and experts instead of the non-BOI policy of hiring four Thai employees for every one foreign employee.
The BOI also provides an express procedure through its One-Stop visa process for both non-immigrant visas and work permits. These non-tax incentives also allow 100% foreign ownership of the BOI company and the option for the foreign company to own land in the Kingdom.
Should you wish to register your company for BOI, the following steps will be necessary to complete. These steps have been summarised, but you will access all the details once you begin the process.
1. Do a feasibility study.
2. The BOI application
3. Approval by the Board
After a successful BOI application, and if you wish to receive your BOI promotion certification, you must set up the Thai company within six months after being approved. At this time, you must submit the following documents:
To apply for your BOI promotion certification, you need to ensure that your company meets the following criteria:
As a foreigner to Thailand, whether you currently own a company and would like to set up a subsidiary, or whether you would like to start a new company - you will need to be aware of all the Thai subsidiary laws. You will also need to decide which business structures best suit your company and commit the necessary time and money for the whole incorporation process.
The first thing you’ll need to know in setting up a company in Thailand is that there are several specific business factors. The Foreign Business Act has placed several restrictions on foreigners and has defined several industries requiring individual permissions.
There are seven business types available for new companies or those looking to incorporate. These types of business structures are partnerships, limited companies, joint ventures, representative offices, branch offices, and international headquarters.
We will give more detail on the four main types below. Each business type has advantages and disadvantages unique to them. However, most businesses are opened as limited companies.
The Kingdom of Thailand has three general types of partnerships: Unregistered Ordinary Partnerships, Registered Ordinary Partnerships, and Limited Partnerships.
There are two types of limited companies in Thailand, namely Private Limited or Closely Held Companies, and Public companies. The first type of company is governed by the Civil and Commercial Code, while the Public Company Act governs the Public companies.
Private Limited Companies in Thailand have some basic characteristics similar to foreign corporations. Private Limited Companies are formed through a process leading to the registration of a Memorandum of Association (Articles of Incorporation) and also Articles of Association (By-Laws). These are the constitutive documents of the company.
Private Limited Companies need a minimum of 3 shareholders at all times and are allowed to be entirely foreign-owned. It is worth noting that in those activities reserved for Thai nationals, a foreigner’s participation is generally only allowed up to a maximum of 49%.
Public Limited Companies that are registered in Thailand (subject to their compliance with the prospectus, approval, and other requirements) may offer shares, debentures, and warrants to the public and may also apply to have their securities listed on the SET (Stock Exchange of Thailand).
Public Limited Companies need to have a minimum of fifteen promoters to form and register the Memorandum of Association. These shareholders must have held their shares for a minimum of 2 years before these can be transferred.
The Board of Directors of Public Limited Companies must be made up of a minimum of 5 members, of which at least half of them are Thai nationals.
A Joint Venture business can generally be described as a group of people (natural and/or juristic) that enter into an agreement to carry out business together. This type of business has not yet been recognised as a legal entity under the Civil and Commercial Code.
It is important to note that any income derived from the Joint Venture is subject to corporate taxation under the Revenue Code, as it classifies it as a single entity.
A Representative Office is only permitted to engage in non-profit activities. In order to form such a company, at least one of the following purposes would need to be sought, for the purposes of “non-trading” activities:
The name of the company you wish to register in Thailand may not be the same nor similar to that of existing companies. There are also specific names that are not permitted. Therefore, to be approved, the name reservation guidelines of the Department of Business Development of the Ministry of Commerce must be observed.
Should your chosen company name be approved, it is valid for a period of thirty days.
A Memorandum of Association bearing the successfully reserved company name must be filed with the Department of Business Development within the thirty-day validity period.
The memorandum must also include the province where the company will be located, the company’s business objectives, the capital to be registered, and the names and information of all the promoters.
A compulsory requirement is that the capital information includes the number of shares and par value. At the company formation step, the authorised capital (even if only partly paid) must all be issued.
Even though there are no minimum capital requirements, it is advisable that the capital amount should be reasonable enough and adequate for the intended company operations.
Once you have defined the share structure, a statutory meeting must be held; during which the following must take place:
Once you have successfully formed your company, you will need to register it at the Department of Business Development. This is typically done between 1-3 days, case dependent. The registration timeline varies depending on several factors, namely:
All companies liable for income tax must obtain a Tax I.D Card from the Revenue Department. If the company’s gross income in the same fiscal year is 1.8 million Baht) or more, the business is generally required to be in the Thai VAT system.
Specifically, Section 1206 of the Civil and Commercial Code provides rules that the accounts should be maintained as follows:
The company is obliged to timeously file financial statements and VAT reports with the Revenue Department.
Because of the presence of sufficient infrastructure and an efficient government-backed workforce, Thailand's economic growth and progress are continuous.
Suppose you would like to start your own company in the Kingdom of Thailand. In that case, you should acquire legal assistance to deal with the complex legalities of establishing a corporate entity under Thai law.
Thailand has become an international hub of trade and commerce, and as a positive, as this may be, there are difficulties that come with the territory. The two we are going to be addressing are fraud and debt recovery.
Regardless of the type of fraud encountered, a skilled lawyer will be able to do the following for their client.
First, we are going to look at what constitutes fraud in Thailand. According to the Thai Penal Code and the Civil and Commercial code, fraud is defined as follows:
“Both Codes state that a person is deemed to have committed fraud by either obtaining property from another person through deception or concealment of facts or by preventing creditors from receiving debt repayments.[1] In addition, provisions found under Sections 352-356 of the Penal Code address crimes involving embezzlement,[2] while Section 39 of the Accounting Act B.E. 2543 (2000) provides criminal liability for those who intentionally make false entries or alter existing entries with fraudulent intent, or neglect to correct false entries.”
As stated above, fraud in Thailand can be either a criminal or civil offense or both depending on the severity, and the punishments can range from fines to imprisonment. Here is a further breakdown of actions considered fraud under Thai law in broad terms:
“If a person conceals information which should be revealed and as a result obtains a property from another party dishonestly”
OR
“Deceives another party and causing this party to execute or destroy a document of right, they are said to have committed a fraudulent act, under Thailand Penal law.”
Civil cases commonly involve property and commercial disputes, personal disputes, employment actions, divorces, wrongful acts as defined by the Thai court system, and the recovery of debts. These types of cases may be settled through mediation and out of court. Usually, this involves reimbursement of funds, suspension from trading, and/or fines.
Criminal acts of fraud are when the Thai authorities become involved, from police, the courts, and the penal system. This is when the services of a criminal lawyer will need to be employed.
The term fraud constitutes a variety of offenses under Thailand law that can be punishable under the Thai Penal Code. Some of these include asset misappropriation, cybercrime, bribery and corruption, identity fraud, insurance, and property fraud.
The punishments for criminal acts of fraud in Thailand can include but are not limited to: imprisonment, fines, and asset forfeiture.
When taking action to file a case of fraud, the correct method is to appoint a lawyer who specialises in both criminal and civil law. A fraud case may be filed either through the Attorney General or via a private lawyer. This should be done as quickly as possible, as with all legal claims.
We discussed fraud earlier and debt recovery does fall under this category. Most cases of debt recovery are filed at the civil level and can be settled under the regulations of such cases.
There are certain exceptions where it may also be prosecuted at a criminal level, where a debtor attempts financial dishonesty.
The following steps may be taken to collect the funds owed by the debtor: Garnishing of the debtor's salary, seizing assets, and selling them off to settle the outstanding amounts. This includes settling additional fees and interest accumulated.
A debtor does have the right to file a bankruptcy claim against a creditor however the outcome will be determined by and is restricted to the Thailand Bankruptcy Court.
Debt recovery happens to Thai nationals, foreigners, local and international companies for a variety of reasons.
After the need for debt recovery has been established, the process can be difficult to complete due to debtors refusing and ignoring multiple attempts to recover the outstanding funds.
This can cause the debt recovery to slow to a crawl as the parties involved have reached a stalemate and no payment towards the debt is being made.
Once this happens, the following steps must be taken:
Legal services must be employed to begin the process of sending a letter of demand to the debtor, failing a response or refusal to pay, the case can then proceed to the litigation phase under fraud law in Thailand.
Gather evidence to prove that a loan was made and not paid back. The type of evidence given depends on the amount of money loaned. If the amount borrowed was 2,000 baht or less, the only evidence needed is that a witness testify that the loan took place. For amounts of 2,000 baht or more, proof of the loan in the form of signed contracts and documents must be presented with the signature of the borrower.
From here litigation can begin in either a civil or criminal setting as advised by the lawyer employed.
A few final points of interest on debt collection in Thailand for a foreigner: debts are not subject to compound interest, meaning that the interest on the original loan does not increase. Debt payments can be made in other currencies, in the amount set by the exchange rate.
Fraud allegations must be taken seriously, and companies and individuals should seek professional advice for handling fraud allegations. Although the legal process can be time-consuming, taking legal action whether defending allegations or having them prosecuted, the correct legal team will make all the difference in securing the best outcome of the case. The same applies to debt recovery, where although it can be a time-consuming and at times ugly process, the correct legal options must be explored with the lawyer handling the litigation.