Property, Corporate, Litigation, Family and Immigration Law Firm in Bangkok, Thailand
Siam Legal International
399 Sukhumvit Road, North Klongtoey, Wattana
+66 (2) 259-8100
+66 (2) 259-8025
Law Firm Overview
Siam Legal International is one of Thailand´s premier full-service law firms with its headquarters in Bangkok.
Areas of Law
Articles Published by Siam Legal International
Child support is a fundamental issue that arises when a couple divorces. Under Thai law, a couple may make arrangements in their divorce agreement with regards to child support, such as whether both spouses or either spouse will contribute to child maintenance and where no such provisions are contained in the agreement, then the Court has the power to determine liability for child support, as specified in Section 1522 of the Civil and Commerce Code.Read Article
Hearsay is an important rule in Thai criminal procedure as it is in that of other jurisdictions. Generally, it is the principle that the Court shall not consider any evidence that is a statement not made before the Court, if the purpose for offering that statement is to prove the truth of its assertion.Read Article
The right of superficies is found in Sections 1410 to 1416 of the Civil and Commercial Code. It is a right in land granted by the owner to the holder of the right, called the superficiary, in order to own structures built upon or under the land.Read Article
The usufruct is a “real right” or interest in property that originates in Roman law and generally grants one person beneficial rights in the property of another for a certain period of time.Read Article
Thailand has a complex web of laws and regulations which protect the natural environment. In particular, Thai industrial interests and property developers must contend with the requirement of preparing an environmental impact assessment report (“EIA”) when planning a new development that is likely to have an environmental impact.Read Article
Are the rights and protections granted to workers under Thai labor law applicable to foreigners who work in Thailand without a work permit? Despite the fact that such foreigners are working in Thailand illegally, Thai Labor Court rulings appear to support the policy that they are still protected under Thai labor law. Furthermore, although the Thai Supreme Court has not addressed the issue in substance, previous decisions of the Court also appear to support the aforementioned policy:Read Article
When a Thai company engages the services of another company, it must comply with a few tax obligations under the Revenue Code. It must withhold and remit a tax of 3% of any fees paid for services, it must itself pay a value-added tax of 7% on those fees, and the contract as well may be subject to a stamp duty depending on the transaction. But what are the implications for a Thai company that engages the services of a company overseas?Read Article
Bankruptcy in Thailand is governed by the Bankruptcy Act of B.E. 2483 (1940) and allows bankruptcy status for both natural persons and juristic persons.Read Article
The Land Department of Thailand has special regulations that apply to the situation where a Thai national married to a foreigner wishes to purchase land.Read Article
According to Section 1548 of the Thai Civil and Commercial Code, a father of a child born out-of-wedlock must make an official application in order to become the legitimate father of the child.Read Article
Under Thai law, an arbitration award must be recognized and enforced by the judicial system.Read Article
The recognition of foreign judgments by Thai courts is an issue likely to be of great interest to foreigners and Thai nationals alike. Its implications have consequences over a diverse array of legal matters, ranging from the enforcement of foreign judgments against Thai-domiciled businesses operating overseas to the recognition of foreign divorce or child custody judgments against Thai spouses who have returned to live in Thailand.Read Article
A director of a limited company in Thailand must be liable to the shareholders and the company itself when he or she conducts the business of the company.Read Article
Section 226 of the Thai Criminal Procedure Code of B.E. 2477 (1934) prohibits, in a criminal case, the admission of evidence that is obtained by unlawful means.Read Article
The Foreign Business Act of 1999 generally restricts service businesses under Category (21) of List Three, with certain explicit exemptions such as hotel management services under Category (17). Furthermore, the Ministerial Regulation Re: List of Service Businesses Exempt from Requiring a Foreign Business License of B.E. 2556 (2013) also exempts certain businesses related to securities and investment from requiring a Foreign Business License.Read Article
The Investment Promotion Act of B.E. 2520 (1977) allows three categories for foreigners to enter Thailand in addition to the standard immigration rules. Section 24 of the Act allows for foreigners to enter the country in order to survey investment opportunities. Section 25 allows foreigners who are skilled technicians or experts (and their dependents) to enter the country to work for a company that has been promoted by the Board of Investment (BOI).Read Article
Securing approval for the UK visitor visa does not solely rely in satisfying all the documentary requirements. There are other factors that applicants from Thailand should consider. Usually, these aspects readily determine the application’s success.Read Article
Age gaps between the petitioner and beneficiaries hardly affect UK tourist visa applicants. This shall be considered only if the couple is applying for a UK settlement visa.Read Article
The Civil and Commercial Code (CCC) of Thailand is the main source of legislation which provides who may and who may not get married under Thai laws.Read Article
Basically, there are two Australian visa options that would permit the entry of Thais who intend to explore the country or pay a visit to their Australian relatives. These are the tourist visa and the sponsored family visitor visa. While the two (2) share similar functions, they are nonetheless different in terms of the applicants that they cater to.Read Article
A K-1 visa, also known as a Fiancé Visa, is the permission to enter the United States given to a foreigner fiancé of an American Citizen. Therefore, in the case of a Thai fiancé, he/she shall be granted this type of visa if his/her American partner first files Form I-129F, Petition for Alien Fiancée, in the U.S. Said petition, if granted, enables the Thai fiancé to file the corresponding application for a K-1 visa in his/her home country.Read Article
Commercial Litigation involves resolving disputes in areas of business matters, such as bankruptcy, debt collections, settlements, contract disputes, financial transactions, shareholder litigation, partnership disputes, allegations with regard to consumer fraud, disputes regarding insurance coverage claim, unfair competition, and real estate litigation.Read Article
Divorce in Thailand is coupled with many other concerns. These concerns do not only involve the divorcing partners themselves, but their children as well. One issue in divorce which involves children is child support.Read Article
Parental authority is automatically vested in the natural parents of a minor. There are, however, instances when parental authority is delegated to other persons.Read Article
What is Personal Injury? Personal Injuries can be physical (such as bodily injury, loss or damage of property) or psychological (such as mind, liberty). The most common claim in a personal injury case is negligence.Read Article
The relationship that is established by law between a father and his child is called paternity. Paternity in Thailand is presumed in a valid marriage. Therefore, a child born out of a valid Thailand marriage is considered the legitimate child of the husband.Read Article
Wills and living wills are two different terms which refer to two different things in Thailand.Read Article
Foreigners who want to adopt a child in Thailand must understand that adoption is processed through the Child Adoption Center of the Department of Social Development and Welfare (DSDW). The DSDW is the sole government agency that is tasked to facilitate the adoption process in Thailand.Read Article
Couples who cannot resolve their marital problems can decide to end their marriage by getting a divorce. But not all marital issues can be used as grounds for a divorce. Section 1516 of the Thai Civil and Commercial Code provides the legally acceptable grounds for divorce in Thailand.Read Article
Mixed marriages between British and Thai nationals have greatly increased in the recent years. Quite inevitably, divorces have grown in number too.Read Article
Introduction: The CR-1 visa is the conditional immigrant visa that allows a United States Citizen (petitioner) to bring their Thai spouse (beneficiary) to the United States. Contrary to the K3 visa, the CR-1 visa grants the beneficiary permanent residency in the United States. Thought the process is more arduous than other spousal visa options, the United States does not limit the number of CR-1 visas granted. Therefore, the CR-1 visa’s availability makes it an attractive option.Read Article
A prenuptial agreement or prenup is a written contract entered into between future spouses as regards the designation of their assets, control of assets and liabilities, treatment of property and earnings during the marriage, and potential division of marital property in case of dissolution of the union.Read Article
Introduction: The Kingdom of Thailand strictly enforces a draconian set of drug laws. The police enjoy broad discretion when enforcing these laws. The courts may impose comparatively harsh penalties on minor offenders. Major offenders may be sentenced to death. While there are few defense options in the Thai courts, there are some options for foreign drug offenders.Read Article
Introduction: The Treaty of Amity and Economic Relations between the Kingdom of Thailand and the United States of America (Treaty of Amity) was signed in 1966. Through the signing, the nations intended to encourage “mutually beneficial trade and closer economic and cultural intercourse between their peoples….” The Treaty of Amity allowed for expansive international commerce between the two nations. Specifically, it allowed U.S. owned business to operate as Thai companies in Thailand.Read Article
Introduction: The Australian Tourist Visa (subclass 676) is the visa typically obtained by Thai citizens looking to visit Australia. The visa allows visitors to stay in Australia for either three or six months.Read Article
Introduction: The Prospective Marriage Visa (subclass 300) is the visa that allows Australian citizens to bring their foreign fiancés to Australia in order to wed. Visa applicants must be outside of Australia while the application is processing. The sponsor and applicant must marry within 90 months. After the wedding and before the Prospective Marriage visa expires, the couple must apply for a Partner visa to allow the foreign spouse to remain in Australia.Read Article
Introduction: Foreigners and Thai citizens may enter into contracts in Thailand. The Thai courts strictly enforce an array of contractual agreements. In fact, Thailand permits more types of agreements than most western countries do. For example, Thai law does not require consideration. Therefore, Thai courts will enforce gratuitous promises. This allows westerners to seek legal enforcement of international business agreements.Read Article
Introduction: Thai law strictly prohibits freehold ownership of real property by foreigners. Essentially, only Thai citizens can “own land.” Despite this restriction, the Thai government has left several options open for foreign individuals and corporations seeking long-term property interests.Read Article
Thailand has distinct laws on parentage. While the issue of maternity is easily determinable, the same is not true on paternity. There is a presumption of paternity in births within a valid marriage. There are likewise laws in case of births outside marriage and after divorce.Read Article
Underwater Weddings have become so popular in Thailand these past years. Marrying couples who want to have this experience must not forget the more important aspect of their union - the legality of the marriage.Read Article
Introduction: The Condominium Act of B.E. 2522 (1979) (as amended) delineates the rules regarding foreign ownership of Thai condominiums. Essentially, foreign investors may own buildings but not land. Therefore, condominiums offer ideal investment opportunities. However, the Thai statutes place a few restrictions on the condominium investment.Read Article
Thailand has yet to pass a law which allows nor punishes surrogacy in the country. Until there is no surrogacy law in Thailand, Legal Adoption as the option for a couple to have a child of their own other than by natural means.Read Article
Introduction: Foreign companies may establish a Representative Office in Thailand in order to perform certain business functions. Specifically, the representative office may only engage in non-revenue generating activities. The representative office is often the quickest and easiest way for a foreign multi-national company to establish a local foothold in Thailand.Read Article
Introduction: The B2 Tourist Visa is the necessary visa for Thai citizens wishing to travel to the United States as tourists. The visa can be acquired at the U.S. Embassies in either Chiang Mai or Bangkok. It is a non-petition-based visa. In the end, the U.S. official has the final discretion whether to issue the B2 Tourist Visa.Read Article
The Loan: “A Loan for Consumption is a contract whereby the lender transfers to the borrower the ownership of a certain quantity of property which is consumed in the user, and the borrower agrees to return a property of the same kind, quality and quantity.”Read Article
Introduction: The Extradition Act of 2551 (2008) is the relevant statute that governs extraditions to and from Thailand. In addition to the Thai statute, international treaties affect extradition proceedings. These instruments allow the Thai government to request or comply with an extradition proceeding.Read Article
Thai personal injury claims are rooted in a tort theory based on fault. Essentially, an injured plaintiff must show that the defendant injured them via some illegal or grossly negligent act or omission. The aggrieved party must then bring their case before the court system. The courts may then award limited damages to compensate the injured party for their loss.Read Article
The Thai Civil and Commercial Code list numerous grounds for divorce in Thailand. Most people who are planning to divorce in Thailand take the liberty of reading and construing these grounds literally without seeking the assistance of a lawyer in Thailand. While some grounds are indeed self-explanatory, some need to be explained by a lawyer so that the grounds are appreciated correctly by its readers.Read Article
Introduction: Since 1999, the Thai government has allowed its citizens who are married to foreigners to own land in Thailand. This was a stark contrast to a former law which did not allow even its own nationals to own land within the State owing to their marriage to a foreigner. Back then, the government considered a mixed couple as entirely foreign and thus, not qualified to own land in Thailand.Read Article
Introduction: The K3 visa allows a United States citizen (petitioner) to bring their Thai spouse (beneficiary) back to the United States. The K3 visa applies to couples who have been married outside of the United States. While the process is more complicated than the K1, it is a convenient alternative for couples who have been legally married outside of the United States.Read Article
Introduction: The K2 visa is a derivative visa used by children immigrating with parents on a K1 fiancé visa. The K2 visa is the fastest and easiest way to bring a child along with a fiancé to the United States. Since the U.S. issues the K1 and K2 visas together, it ensures that families remain united.Read Article
Introduction: The K1 visa is the exclusive visa that allows an American to bring their fiancé/fiancée to, and get married in, the United States. Upon the marriage, the foreign spouse is eligible to adjust of status for permanent resident.Read Article
In 1999, the Thai government passed the Anti Money Laundering Act 2542 (1999). The statute was enacted to address the growing problems surrounding international organized crime. Large sums of money funding illicit activity flowed freely throughout Thailand and across much of South East Asia. The Anti Money Laundering Act has curbed this flow.Read Article
Introduction: A K1 visa is required for a fiancé (beneficiary) of a U.S. citizen (petitioner) when the two plan to wed in the US. The K1 application process culminates with an interview between a U.S. consulate official and the visa applicant. Via the interview, an official attempts to verify a legitimate, genuine, and continuing relationship between the beneficiary and the petitioner. In Bangkok, the interview process is manageable, and the embassy is generally expeditious and accommodating.Read Article
One of the forms of divorce in Thailand is Contested Divorce. This is also known as Judicial divorce in the country. The court is given the task to determine the propriety of a divorce case lodged by concerned parties.Read Article
Introduction: Lawsuits regarding medical malpractice are becoming increasingly frequent in the Thai legal system. As medical tourism increases in popularity, more malpractice suits arise. Thai law protects the interests of injured medical patients via the Commercial and Civil Code’s tort liability for wrongful acts.Read Article
The increasing number of marriages between Thais and foreigners has inevitably resulted in the escalation of divorce cases in Thailand. Many associate this unfortunate trend to the dissimilarity in culture and language. While there is always a common hope that one’s marriage will weather all trials, there is also equal possibility of the marriage ending in a divorce.Read Article
Introduction: Under the Thai Labor Protection Act 2541 (1998), employee rights are widely protected. Generally speaking, employers must remain considerate and defer to Thai and foreign employees. When disputes arise, they typically take the form of a wrongful termination claim. Thai law is clear in defining when and how an employee may be lawfully terminated. Additionally, standards for determining remedies are well established.Read Article
Introduction: Thailand protects intellectual property rights via three main statutes. These statutes include the Patent Act 2522 (1979), Copyright Act 2537 (1994), and Trademark Act 2534 (1991).Read Article
One distinct concept in Thai marriages is that it consists of two different parts: The Wedding Ceremony and the Marriage Registration. Not too many foreigners are aware that it is the Marriage Registration which marks the legal start of their marriage in the country. Many get surprised to find out that after years of being together, Thailand has yet to recognize their union for failure of registration.Read Article
Introduction: Advance Parole allows a Thai fiancee or spouse to leave and re-enter the country while on a K1 (single entry non-immigrant) visa. It is a necessary while an application for adjustment of status is pending. Advance Parole is necessary when planning a honeymoon or other international travel.Read Article
Every couple tying the knot hopes for a marriage that will last a lifetime. Unfortunately, it does not always happen. When couples divorce, custody battles and conflict over division and distribution of properties add unnecessary stress to an already very stressful state. With an inter-racial couple, things may become more complicated. To avoid this kind of situation, unromantic as it may seem, an engaged couple may consider entering into a prenuptial agreement.Read Article
When a foreign national wishes to work in Thailand, they must procure a Work Permit. The work permit allows a foreigner to earn a living while enjoying all that Thailand has to offer. The work permit is one of the alternatives for people looking to spend an extended amount of time in Thailand.Read Article
Introduction: Adjustment of Status is the procedure by which a resident alien can become a permanent resident without leaving the United States. Thai spouses who gained entry to the United States via a K1 or K3 visa typically utilize this process. The results often depend on the discretion of the USCIS District Director but are typically successful.Read Article
As in most countries, Thailand recognizes three types of companies; sole proprietorships, partnerships, and limited companies. All of these entities must comply with the Ministry of Commerce and their registration procedure. The most common type of foreign entity is the limited company.Read Article
Thailand is a truly unique place for most couples to make their dream wedding come true. Nonetheless, a legal marriage in Thailand for both foreigners and Thais should be performed according to Thai law.Read Article
Adoptions in Thailand are governed by the Child Adoption Act 2522 (1979). Adoption requirements are strict. The process can take upwards of 1-3 years. In addition to complying with Thai law, the adoptive parent(s) must comply with the regulations set out by their own governments. Additionally, adoptions must comply with the Hague Adoption Convention.Read Article
Marriage in Thailand is a quick and easy process to arrange. After all, finding the perfect mate should be the hardest. Many people around the world want to get married in Thailand for many reasons. The possibilities for a dream wedding are endless – take a pick among the most serene of beaches for that perfect beach wedding or a rustic setting for a Thai traditional wedding on top of the mountains.Read Article
2010 can be described as a year that dawns numerous changes in Immigration Rules and regulations for most of the advanced countries around the globe.Read Article
Thai fiancé or parent can bring with them in the United States their children using the visas especially created for that purpose. K1 visa (fiancé visa) parents can apply for K2 visa for their children. Thai children of K3 visa applicants, on the other hand, can use K4 visa to allow them travel to the US. The counterpart in the cases of CR-1 visa and IR-1 children is CR-2 and IR-2 visa respectively.Read Article
The fiancé visa, also known as the K1 visa, is a type of visa granted exclusively to the fiancé of US citizens. It has very few eligibility preconditions like the age, financial adequacy and meeting requirement. Being so, many fiancé visa applications are filed annually. The United States Citizenship and Immigration Services (USCIS) process these applications.Read Article
The birth of the Schengen Agreement in 1985 has abolished internal border controls in most parts of Europe, allowing citizens of member states and foreign travelers ease of circulation and travel within the Schengen Area. Initially signed only by France, Luxembourg, Belgium, the Netherlands and West Germany, the agreement has now expanded to include 25 member states.Read Article
US Immigration law is sometimes hard to understand because of its complexity and evolving nature. The length of time it takes us to obtain a US visa takes us to a quite distance. The whole process sometimes produces mixed results. Many Thai Nationals decide to hire US immigration attorneys in Thailand in an attempt to gain approval of their K2 visa Thailand application and thus much money is spent to obtain the desired results. In a nutshell the American K2 visa will be discussed below.Read Article
Our world is getting smaller. The recent years saw the growth in the number of intermarriages among Americans and Thais. Many US citizens have chosen to bring to the US their Thai fiancée or spouse. And more often, the Thai fiancée or spouse has children of their own whom they also wish to bring to the US.Read Article
In order to petition for a K-3 non-immigration visa, a U.S. citizen petitioner is required to prove a minimum income that meets the poverty guidelines level. This requirement is to ensure that a spouse of U.S. citizen will not be a public charge to the U.S. government once he or she enters the United States.Read Article
One of the preconditions in the application for U.S. fiancé visa or K1 visa is meeting the income requirement. The legal basis for this measure is Section 212 (a) (4) of the Immigration Nationality Act which aims to prohibit entry of potential immigrants who are likely to become a public charge to the U.S. government.Read Article
As a signatory to the Hague Convention on International Adoption, Thai laws have laid down an elaborate procedure by which foreigners may adopt minors.Read Article
There appears to be some confusion regarding the filing of an affidavit of support during the US visa application process in Thailand, particularly when it comes to the question of the petitioner’s residence and where the petition is filed.Read Article
In this age of internet dating it is quite often it is asked if a personal meeting is necessary in order to apply for a US K1 Visa in Thailand. This article will explore the necessary requirements for a successful US Visa Thailand for K1 Visa application.Read Article
“Wills” refer to instruments that are used to state a person’s testamentary dispositions after death. Usually, the notion of creating a will arises when arrangements need to be made concerning the distribution of assets prior to the testator’s death.Read Article
Initially, the idea of studying in the United States of America can be a little daunting for a simple Thai aspiring to attend prominent and illustrious universities such as Yale, Harvard or Stanford since there are many requirements to be complied with, forms to be completed, and sponsor letters to draft.Read Article
Prenuptial agreements provide for a financial plan than can be used during and even after the dissolution of a marriage. Prenuptial agreements are valid and binding in Thailand as long as they are registered before the marriage. This is in striking contrast to the United States and other common law countries where the prenuptial agreement is not registered with the government.Read Article
Another common predicament besetting foreign property owners in Thailand is the acquisition of house under a long term lease agreement rather than owning them directly.Read Article
Advance Parole isn't a prison term but rather an immigration term used when a Thai Fiancee who is in the US on a k1 visa requests to go abroad before achieving her adjustment of status.Read Article
Thailand property laws do not greatly differ from those of other countries. Excepting the prohibition on foreign ownership of land, the same legal concepts and regulations operate in dealing with real property.Read Article
Land development and construction in Thailand are primarily regulated by two laws: the Building Control Act and the Town and City Planning act, both of which have been passed and continuously revised starting in 1992.Read Article
Condominium units are the exception to the general rule that foreigners are not allowed to have any direct interest over real property in Thailand.Read Article
The use of a Thai holding company as a means of circumventing the prohibition against foreigners having a direct interest in land may no longer hold true in the near future. With the advent of the proposed amendments to the Foreign Business Act and the continued application of previously issued policy guidelines, land registration in favour of a Thai limited company has resulted in a more stringent and rigorous process.Read Article
In a lease agreement, the owner of the building or land, commonly known as the landlord, relinquishes in favour of the person leasing the property, known as the tenant or leaseholder, temporary possession and occupation of the premises for a fixed sum of money. Leasehold in Thailand is governed primarily by the provisions of the Civil and Commercial Code particularly the provisions on hire of property.Read Article
In an effort to encourage the sustained growth of its burgeoning Thailand property sector, Thai officials deemed it necessary to further extend the period of reduced tax rates on property transfers.Read Article
The purpose for the issuance of K1 visa Thailand or US fiancé visa is to allow the Thai fiancée to travel to the U.S. to marry her US citizen fiancée within 90 days from entry to the United States.Read Article
It is perhaps a play of irony that a Thailand prenuptial agreement is best appreciated when the marriage that gave birth to its existence has finally expired.Read Article
Thailand wedding ceremonies are known the world over for their pomp and grandeur. Traditional nuptial celebrations involve the lavish display of embroidered gowns, exquisite tapestries, and ornate wares, thus making it a veritable sight to behold. These embellished festivities draw its origins from ancient beliefs, traditions and customs unique only to Thai culture and society.Read Article
Ideally, contracts are forged with the view of attaining a fair and just agreement between the parties. In practice, however, this is not always true as market forces, unequal bargaining positions and fraud mire the negotiation process. Thailand real estate contracts suffer from the same malady as developers and buyers often stand in unequal and sometimes opposing terms.Read Article
The K1 Visa interview at the US Embassy in Thailand will make anyone nervous. But knowing what the consular officer is looking for will make an applicant feel at ease and confident.Read Article
The application process for a K1 Visa Thailand requires delving into the previous history of the Thai fiancée visa applicant. As such, previous delinquent and criminal records are expected to be perused in an effort to accurately discern the suitability of the applying party.Read Article
Consular officers and immigration attorneys in Thailand are not supposed to act as adversary counsels during the consular processing.Read Article
Succession is one of the modes of transferring ownership which takes effect by operation of law upon the death of the owner. In Thailand, succession may either be intestate or testamentary. When there is a valid will made by the deceased, testamentary succession will take place. If there is none, intestate succession will rule upon the distribution of the estate.Read Article
Thailand is a country blessed with an abundance of rich natural resources. Its lush pristine forests are home to a vast variety of species of flora and fauna indigenous to the country. As such, the Kingdom has taken great pains in preserving its natural wealth by passing laws designed to control and regulate the amount of waste and pollution produced each year. Thailand residents desire to live a quality life while living in a Phuket villa or Bangkok condo.Read Article
Property relation between husband and wife is, most often than not, one of the major causes of marital conflict. This is especially true in a marriage of mixed cultural backgrounds such as between a foreigner and Thai couple. Thus, albeit its unsentimental character, it is prudent to have a clear understanding of the legal implications of marriage in property relations before crossing the threshold of marital union.Read Article
Many foreigners wish to start up or expand their business in Thailand. Starting a business in a foreign country can be both a rewarding opportunity and a daunting task.Read Article
Although Foreigners are not allowed to own land in Thailand, the law does not prohibit them from owning structures and other improvements constructed on lands. This gives foreigners the latitude to set in place legal security measures to protect their ownership rights over the property.Read Article
Signing a prenuptial agreement is now a common practice and is considered legal in most countries. While many nations prefer to be governed by their customs and traditions in their marital relationship, a growing number of them are now recognizing the legal benefits of this kind of settlement as well as the expediency and ease it provides the married couple.Read Article
The United States of America recognizes the right of its citizens to a happy married life. It is for this purpose that a U.S. citizen who decides to marry a Thai national is granted the privilege to bring his or her Thai spouse to the United States.Read Article
The K-1 Visa Thailand and the I-130 Petition for Alien Relative Visa: Options for Potential Immigrants
With the widespread of globalization, interracial marriages became prevalent. While this has been practiced centuries back, statistics have surged particularly during the past ten years, when communication barriers were crashed by computers and cyber technology. Globalization has also brought people across the globe making marriages with other nationalities inevitable.Read Article
When traveling in a foreign country, be it by land or air, one is usually required to secure a visa first. Securing a visa is one of the most important thing, if the not the most basic requirement, that one should know before traveling to another country.Read Article
In the context of increasing petitions for United States’ Immigration that are usually brought by marriage of a United States’ Citizen to different nationalities, the United States Citizenship and Immigration Service issued a notice regarding the revised form of G-28.Read Article
The US Citizen wishing to sponsor his Thai Fiancée for a K1 Visa in Thailand or the K3 Spouse Visa in Thailand will face new regulations regarding how and where he met his fiancée or spouse as well as the petitioner’s background. This new regulation may affect their chance for a successful Thai Fiancée K1 Visa – Thailand K3 Marriage Visa application at the US Embassy in Bangkok.Read Article
Adjustment of Status is the process when the K1 or K3 visa applicant (either the Thai fiancée or spouse) becomes a lawful permanent resident (also known as a “Green Card” holder) of the United States without leaving the country. For the CR1 and IR1 visas, this process is done when the Thai Spouse applies for a visa at the US Embassy in Bangkok.Read Article
After spending all that time on researching your holiday home or retirement property purchase in the Land of Smiles, Thailand and with the stress of property negotiations and many a restless night, the end is within reach. All that needs to be done now is the transfer of property to your name at the Thai Provincial Land office.Read Article
Videos Provided by Siam Legal International
Closing a Business in Thailand
It is a great challenge for a foreigner to open and operate a business in Thailand.
Thailand has arcane bureaucratic rules that create hurdles to starting a company.
Thai is a difficult language to learn. It is difficult to review contracts or negotiate with suppliers and clients in a foreign language.
The differences in culture can generate conflicts between an employer and employees.
Sometimes all of these issues combined with business competition makes it difficult to keep a business open.
The decision to close down a business is a difficult one. It must be done properly to reduce the risk of future lawsuits against the business owner or managers.
What needs to be done?
File for dissolution of the company with Department of Business Development.
If the company is solvent, the company must liquidate its assets.
If the company is insolvent, the shareholders have to put additional capital into the business or the liquidator can start bankruptcy proceedings.
The company must file its tax return and pay all taxes due. A bankruptcy will not discharge a tax debt or Employee salaries.
Employees have to be paid their salary and severance.
If there are foreign workers, work permits have to be returned to the Ministry of Labor within 7 days.
Suppliers and customers need to be legally notified of the termination of business. Arrangements should be made to terminate any existing contracts.
Banks and financial accounts should be closed down.
Landlord should be sent notice of the end of the business operations and the termination of the lease.
Any surplus after taxes and debts are paid should be distributed to the shareholders.
Closing down a business is a sad time but it is necessary to ensure that the business is closed down properly.
If you have questions or need assistance with the process, please contact Siam-Legal International for answers.
Due Diligence in Thailand
Purchasing property in Thailand is not a simple matter. Due Diligence is required to confirm all of the material facts of a property sale. This goes beyond reviewing the terms of the sales contract.
This video covers the activities required to ensure that you are not swindled in a property purchase.
It is important to search and review the property legal documents relating to the land or property at the government land office.
There are a variety of different land titles in Thailand with different property rights. It is important to inspect the land documents to check on the title qualities and whether the property is beholden to lien.
There should be a physical inspection of the property through an independent surveyor. This is to check if the land is connected to a public road and if the boundaries of the land are clear and whether the title deed accurately reflects the actual boundaries.
It is also important to determine the local zoning ordinances and what will be built in nearby land parcels.
INSPECTION OF BUILDING PERMITS
It is important to review the government filings to ensure that the property has been issued approved land permits. It is important to review the type of development and ensure that there are no restrictions in the area. There needs to be an Environmental Examination of the property, review that it has passed building codes, and whether parking will be available to the property owner.
It is also important to ensure that the property is not encroaching on environmentally protected lands which makes development illegal.
SELLER BACKGROUND REVIEW
It is important to review the credentials of the seller or property developer. The seller or developer must be identified, their financial background checked, and whether they have been part of court proceedings.
Litigation can damage the property rights of the owner. If the seller is the developer, it is important to review their previous developments and the satisfaction the property buyers in those developments.
Due Diligence can raise concerns which will protect the buyer from an unfair agreement. Siam Legal can prepare a due diligence report for your purchase.
A due diligence report will include your title search report, pictures of the land, and translations of construction permits or other documents related to the property. Please call us if you are thinking about purchasing property in Thailand.
Siam Legal International Legal Services
Siam Legal International is a full service law firm that offers a wide range of legal services to the Expat community in Thailand.
We have English speaking Thai attorneys who can provide you with a wide range of legal services such as:
Thai Family Law
Thai Family Law is foreign not only in the language but also in content. The Thai family code codifies the engagement ceremony to divorces.
There are special rules for parenthood and child support. Some family law issues are resolved by the local provincial government and others issues have to go through the Thai court system.
Our law firm can provide assistance in the following family law areas:
- Marriage Registration
- Prenuptial Agreements
- Child Custody
- Child Adoption
- Marriage Consultation
Thai Business Law
Thai Business Regulation is complicated. It attempts to ensure that most businesses are majority owned by Thai nationals but there are exemptions. A foreign own business can establish operations under the Board of Investments. Some foreign owned businesses are also created through special bilateral trade agreements.
There are also special rules for work permits for foreign nationals. We have the experience to assist you in these matters such as:
- Setting up a company in Thailand
- Board of Investment Applications
- Business licenses
- Occupational Licenses
- Work Permits
- Thai Representative Offices
The Thai Civil and Criminal Court system is judge based. There are no juries in Thailand. The court proceedings are held in the Thai language. When there is a civil dispute or criminal issue, it is important to get the assistance of a Thai attorney who understands the laws and can properly represent you in court.
We have Thai lawyers who can represent you in these types of litigation:
- Personal Injury
- Debt Collection
- Criminal Cases
- Labor Disputes
- Commercial disputes
Thai Property Law
Purchasing property in Thailand is a minefield. Foreign nationals are not allowed to own residential land. However, foreign nationals can purchase apartments as long as no more than 49% of the development is foreign owned.
There are also special rules that allow a foreigner to own a house but the foreigner cannot own the land.
We can help your through this minefield. We provide assistance in these areas of property law:
- Buying Property in Thailand
- Title searches
- Contract review
- Transfer of titles
- Preparation of Title deeds
- Escrow accounts
- Property taxes
In addition, we also provide the following services:
- Notary services,
- Drafting Wills
- Estate planning
- Power of Attorneys
- Translation Services
If you are living in Thailand and require legal assistance, contact the experienced attorneys at Siam Legal International.