Thailand Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Thailand
February 3, 2015 By Siam Legal International
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.
January 16, 2015 By Siam Legal International
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.
December 11, 2014 By Siam Legal International
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.
December 9, 2014 By Thai International Law Firm Co., Ltd.
In Thailand, business formation in Thailand is very expensive in order to comply with the rules and regulations set forth by the government. Many might have expected that it is going to be cheap, but it is more of a hassle than one could anticipate.
November 27, 2014 By Siam Legal International
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.
November 7, 2014 By Siam Legal International
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).
If you would like to work in Thailand, you would have to be aware about the immigration policies concerning work visas and work permit to avoid getting yourself in a pickle situation where Thai Immigration police detain or order your deportation.
Thailand is recovering from historic floods that inundated the country on a scale never seen before. Drastic taxation measures helped to boost the economy in 2012. Despite uncertainty about the evolution of the global economy, the Thai economy is expected to rebound sharply with GDP growing by 5.5% in 2012 and 5% in 2013 (according to The World Bank).
Being a foreigner, you are required to obtain visa to stay in Thailand. If you are legally married to a Thai national,you can apply for the Thai marriage visa
Recovering an unpaid debt in Thailand is often a tricky task that can be made more distasteful when the debtor, whether it is Thai or a foreigner, refuses to settle even after numerous attempts. Many expatriates and even companies, who do business in Thailand, have run into difficulties with debt recovery.
Advancement of modern technology allow people to migrate effortlessly across borders in increasing numbers in this century. People live and work outside their home country, and some adapt to their adopted homes by having their families abroad. Expatriates have a unique myriad of concerns about their assets in their adopted country in the event of death. The inevitable question is: Do I need a will while I am living abroad?
By Tila Legal
Doing a business in Thailand is now profitable for most investors. It has a very stable economic condition which is favorable for many businesses. Aside from this, the strategic location of Thailand is another factor that makes business in Thailand advantageous. There are many things that are needed in applying business registration in Thailand. Before applying for business registration in Thailand you must choose the type of operation that you wanted for your company.
By Tila Legal
Will and testaments give you a chance to divide your property according to your own free wish without any ones interference from some external body; on the other hand if you die without a will, your property, land and other physical assets are divided by the government based on pre-decided rules and regulations.
More than two years ago Thailand decided to concentrate several governmental services for foreign investors at one place in Bangkok. In the meantime, Thailand has gone through ups and downs. Therefore, it is justified to make a judgement in 2012 whether the formation of this one-shop-solution has been accepted and adopted by foreign investors.
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.
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.
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.
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.
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.
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.
Parental authority is automatically vested in the natural parents of a minor. There are, however, instances when parental authority is delegated to other persons.
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.
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.
Wills and living wills are two different terms which refer to two different things in Thailand.
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.
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.
You might have heard something like the following all too common assertion: “the party named in a building permit is considered to be the owner of the that building.” To have heard such may have been particularly disturbing to many foreigners who are allowed to legally own buildings in Thailand.
It is a common misunderstanding that foreigners are per se restricted from owning land in Thailand. One of the most interesting exceptions from the restrictions of foreign ownership of land in Thailand has been enacted for foreigners who bring at least Thai baht forty million equivalent into Thailand for certain prescribed investments.
The Foreign Business Act (1999) of Thailand (the "Act") generally restricts foreigners from engaging in most business activities in Thailand, without special permission as provided by the Act. Serious violations of the Act by a foreigner or facilitated by a Thai carry significant criminal penalties.
Many purchasers of real estate in Thailand are not using their newly purchased home as a permanent personal residence. Such assets are often meant to be used as a holiday home only and are unoccupied for the remainder of the year. This article will discuss the taxation of individuals who own real estate in Thailand and who receive rental income from renting out the property.
What people commonly suspect in the Thai real estate market is that if a company sells immovable property such as land it is subject to a specific “capital gains tax” or that the sale of that land is taxed at the corporate income tax (“CIT”) rate of 30%. However, such is not necessarily the case.
If you or your company own a condominium unit or villa here in Thailand that was used for even one day (with or without having actually received rental income) during the tax (i.e. generally the "calendar") year then you or your company will most likely be obliged to pay an annual “house and land tax” (“HLT”) in accordance with the House and Land Tax Act (A.D. 1932) and as further amended.
One of the advantages of arbitration proceedings over domestic court proceedings is the opportunity for the parties to select the person(s) that will decide on the issue in question, the arbitrator(s). In arbitration proceedings the parties are enabled to nominate arbitrators that have a certain specialized and up-to-date know-how that might be required to understand the technical background of the issues in question.
Arbitration proceedings offer various important advantages to the normal local court proceedings in Thailand.
In Thailand, Section 11 of the Arbitration Act (2002)(the "Act") specifically requires that the parties, must enter into a written "Arbitration Agreement" that is signed by both parties. Furthermore, the Arbitration Agreement must state that the parties want arbitration proceedings govern all disputes arising out of a specified legal relationship, like a contract.
The use of off-shore entities, such as a company incorporated in the British Virgin Islands (“BVI”) to own real estate is not uncommon in Thailand. This article will analyze the tax consequences of an off-shore entity renting out real estate it owns in Thailand.
If you are doing business in Thailand you might have already had some experience with the local court system. An all too common complaint of the local business community is that court proceedings in Thailand are agonizingly slow.
Foreign investors and companies who would like to set up a 100% foreign owned company in Thailand may resort to establishing a Thai representative office with reference to its main office elsewhere outside Thailand.
An article regarding the legal, tax and business aspects of a prudent accounting in Thailand.
Foreigners who wish to settle in Thailand have various visa options to choose from to be able to stay in the country legally and on a long term basis. Below are the most popular Thai visa options available for foreigners.
The green card lottery was established under the INA wherein persons from under represented countries may apply for a green card visa to the US using a random drawing each year. If eligible the applicant and the spouse and any dependent children may be given a visa at the same time.
K-1 and K-2 visas are commonly sought after as a pathway to a US green card from a marriage to a US citizen. The visa is process is not as fast as other non-immigrant visas but it is faster than other immigrant visas. The K1 principal fiance and the K2 dependents from the fiance are both processed at the same time and approval and denial are based on the same petition.
Congratulations! So you have chosen to marry your lovely Filipina bride in the Land of Smiles. It is definitely the best decision if you are looking forward to a simpler and more straightforward marriage registration procedure. What more, your marriage in Thailand is recognized worldwide as long as long as it is legally registered at the Thai district office.
In 2003, the Government of the Kingdom of Thailand decided to designate the southern resort island of Phuket as one of Asia’s major Yachting & Marina destinations. This decision has undeniably spurred world-wide interest in Phuket’s yachting industry. Thailand today hosts a number of sailing regattas, foremost of which is the Phuket King’s Cup Regatta. And Phuket will also host in early January 2011 the annual Phuket International Marine Expo (PIMEX).
Getting married in Thailand is fast becoming the trend for couples who are looking for simple and straightforward marriage procedure. This is of course apart from the country's inherent romantic appeal. Vienamese and their fiancees are among those love birds coming to the Kingdom of Thailand to tie the knot. In this article, we will find out how can Vietnamese get married in the Land of Smiles.
In China, making a visa interview appointment must provide their fee receipt number. When the visa applicant calls to make an appointment, the fee receipt is required to prove that the applicant has paid the fee in advance of making the appointment. Regardless of whether there is an appointment available at the time when the applicant wants, the fee is non-transferable and non-refundable.
The blue sheet is issued if the consular officer finds that the evidence submitted did not satisfactorily demonstrate that the couple had entered into the premarital relationship to marry. Implying that the relationship was entered into to evade immigration law and gain immigration benefits, which is a violation of the Immigration and Nationality Act or INA.
Below is a list of issues which either alone or in combination can lead to a K1 visa denial in the immigration visa process and under the INA 221(g) provision of the law.
Most K1 visa petitions are being denied at the U.S. Consulate in Vietnam with the Notice of Intent to Deny (NOID) which basically means the evidence submitted did not demonstrate to the consular officer’s satisfaction that the couple had entered into the relationship to marry. The marriage was entered into to evade immigration law and obtain immigration benefits, thereby a finding of marriage fraud or also as immigration fraud.
Every American desiring to bring a foreign national girlfriend or boyfriend to the U.S to marry must file a K1 visa petition with the United States Citizenship and Immigration Service (USCIS) and fulfill the following requirements. They must be legally able and willing to enter into the marriage in the U.S. and to enter into the marriage within 90 days.