Bangkok Law Firm

Tag: thailand

Corporate

US-Thai Treaty of Amity

Aug 28, 2023 by Legal Advisors 0 Comments ,

The US-Thai Treaty of Amity and Economic Relations, often referred to as the Treaty of Amity, stands as a testament to the strong and enduring friendship between the United States and Thailand. This bilateral agreement plays a significant role in facilitating economic cooperation, trade, and investment between the two nations. This article delves into the historical background, key provisions, benefits, and the impact of the Treaty of Amity on fostering cross-border business relations and mutual prosperity.

Historical Background:

The Treaty of Amity was signed on May 29, 1966, between the United States and Thailand. It was aimed at fostering closer economic and commercial ties while preserving the longstanding diplomatic relationship between the two countries. The treaty was established against the backdrop of the Cold War era and has since served as a foundation for encouraging trade and investment between the United States and Thailand.

Key Provisions and Benefits:

The Treaty of Amity offers several key provisions and benefits to businesses and investors from the United States:

  1. National Treatment: Under the treaty, US citizens and US-owned companies are granted national treatment, meaning they are treated no less favorably than Thai nationals or Thai-owned companies.
  2. Ownership and Control: US companies can engage in business activities in Thailand with full ownership and control, even in sectors that are otherwise restricted to foreign ownership.
  3. No Import Duties: Goods produced by US companies operating in Thailand are exempt from import duties.
  4. Repatriation of Profits: US companies are allowed to remit profits, dividends, royalties, and fees earned in Thailand without restrictions.
  5. Access to Dispute Resolution: The treaty provides mechanisms for resolving disputes related to investments between the United States and Thailand.

Qualifications and Application:

To avail the benefits of the Treaty of Amity, US citizens and companies must meet certain qualifications:

  1. Majority US Ownership: A company seeking treaty protection must be majority-owned by US citizens or companies.
  2. Established Business: The company must be engaged in business operations, not merely established for the purpose of gaining treaty benefits.
  3. Board of Investment Approval: The company must receive approval from Thailand’s Board of Investment (BOI) for treaty protection.

Treaty of Amity and Investment Opportunities:

The Treaty of Amity has played a pivotal role in attracting US investment to Thailand:

  1. Foreign Direct Investment: The treaty has encouraged US businesses to invest in Thailand, contributing to economic growth and job creation.
  2. Trade Relations: The Treaty of Amity has facilitated cross-border trade between the United States and Thailand, benefiting both nations.
  3. Diversification of Sectors: US investors have leveraged the treaty’s benefits to invest in various sectors, from manufacturing to services.
  4. Technology Transfer: US companies operating in Thailand often bring advanced technologies and expertise, contributing to technological advancement in the country.

Treaty’s Role in Economic Diplomacy:

The Treaty of Amity underscores the significance of economic diplomacy in international relations:

  1. Building Trust: The treaty reflects the trust and cooperation between the United States and Thailand, enhancing diplomatic relations.
  2. Mutual Prosperity: The treaty’s provisions promote mutual prosperity by encouraging trade and investment flows.
  3. Economic Interdependence: Closer economic ties foster interdependence, creating incentives for both nations to maintain positive relations.

Modern Developments and Future Prospects:

The Treaty of Amity remains relevant and adaptable to changing economic dynamics:

  1. Evolving Business Landscape: The treaty continues to facilitate cross-border business ventures amid evolving economic conditions.
  2. Trade Agreements: While Thailand has entered into various regional trade agreements, the Treaty of Amity remains a vital bilateral tool for US investors.
  3. Potential Expansion: As Thailand’s economy diversifies and the United States explores new opportunities, the treaty’s provisions could extend to emerging sectors.

Conclusion:

The US-Thai Treaty of Amity and Economic Relations is a cornerstone of the economic partnership between the United States and Thailand. Through its provisions, the treaty encourages trade, investment, and cooperation, benefiting businesses, investors, and both nations as a whole. Over the years, the Treaty of Amity has demonstrated its resilience, adaptability, and relevance in fostering economic growth, technological transfer, and cross-border collaboration. As international relations continue to evolve, the treaty remains an enduring symbol of the strong diplomatic ties and shared economic goals between the United States and Thailand.

 

Corporate

Registering a Company Under the Thailand Board of Investment

Aug 28, 2023 by Legal Advisors 0 Comments ,

Thai wills and succession planning are essential legal instruments that ensure the orderly transfer of assets and the fulfillment of wishes after a person’s passing. In Thailand, a country rich in cultural heritage and a diverse legal landscape, understanding the nuances of Thai wills and succession is crucial. This article delves into the significance of Thai wills, the succession process, key components, legal considerations, and the role they play in safeguarding the interests of families and individuals.

Importance of Thai Wills and Succession:

Thai wills and succession planning serve multiple purposes that go beyond the distribution of assets:

  1. Asset Distribution: Thai wills provide a mechanism for individuals to specify how their assets should be distributed among beneficiaries.
  2. Guardianship: Wills can designate legal guardians for minor children, ensuring their well-being.
  3. Executor Appointment: Executors are appointed to manage the estate and ensure that the deceased’s wishes are carried out.
  4. Minimization of Conflicts: A well-drafted will can help prevent family disputes and confusion over asset distribution.

Key Components of Thai Wills:

A Thai will typically includes several key components:

  1. Testator’s Information: The full name, address, and other identifying details of the person making the will (the testator).
  2. Appointment of Executor: The person responsible for administering the estate according to the terms of the will.
  3. Beneficiaries: Individuals or entities named to receive specific assets or inherit the estate.
  4. Asset Details: Comprehensive details of assets, including real estate, financial accounts, personal belongings, and investments.
  5. Specific Bequests: Detailed instructions for specific gifts or bequests to particular beneficiaries.
  6. Residuary Clause: Instructions for the distribution of remaining assets after specific bequests are fulfilled.
  7. Guardianship Provision: Designation of legal guardians for minor children.

Legal Considerations:

Navigating the legal aspects of Thai wills and succession is essential:

  1. Legal Age: The testator must be at least 15 years old to create a valid will.
  2. Legal Capacity: The testator must be of sound mind and not under duress when creating the will.
  3. Formalities: Thai wills must be in writing and signed by the testator in the presence of at least two witnesses.
  4. Witnesses: Witnesses should be present when the testator signs the will and subsequently sign the will themselves.

Succession Planning in Thailand:

In Thailand, succession planning goes beyond wills and may involve other legal mechanisms:

  1. Intestate Succession: If a person passes away without a valid will, Thai law governs the distribution of assets according to intestate succession rules.
  2. Legal Restrictions on Ownership: Foreigners cannot own land in Thailand under certain conditions. Succession planning for property owned by foreigners may involve leases, usufructs, or setting up legal entities.
  3. Marital Property: Thailand follows a community property system for married couples. Proper succession planning can help ensure a fair distribution of marital property.

Foreign Nationals and Succession:

For foreign nationals residing in Thailand, succession planning may involve unique considerations:

  1. International Assets: Foreign nationals may need to address the distribution of assets located in their home countries or other jurisdictions.
  2. Dual Wills: Some foreign nationals create dual wills—one under Thai law for assets in Thailand and another under the laws of their home country.

Importance of Legal Counsel:

Engaging legal professionals is highly recommended when dealing with Thai wills and succession planning:

  1. Legal Expertise: Attorneys possess the legal knowledge to guide individuals through the complexities of Thai inheritance laws.
  2. Cross-Border Issues: Legal professionals can address issues related to international assets and dual citizenship.
  3. Cultural Sensitivity: Attorneys with local expertise understand the cultural nuances that may impact inheritance decisions.

Succession Process:

The succession process involves several steps:

  1. Notification: Upon the death of an individual, heirs should notify the local district office within 15 days.
  2. Probate Application: If a will exists, the will needs to be submitted to the local district office for probate.
  3. Asset Inventory: An inventory of assets is prepared, including valuations and documentation.
  4. Claims and Debt Settlement: Creditors’ claims are assessed and settled, and the estate’s debts are paid.
  5. Distribution: Assets are distributed according to the terms of the will or intestate succession laws.

Conclusion:

Thai wills and succession planning are integral to preserving legacies, securing the future of loved ones, and ensuring the orderly transfer of assets. As Thailand’s cultural heritage intersects with legal complexities, understanding the key components and legal considerations of Thai wills becomes essential. Whether safeguarding assets, minimizing conflicts, or designating guardians, Thai wills and succession planning reflect an individual’s desire to leave a lasting impact and provide for those they care about most. Through proper legal counsel and meticulous planning, individuals can navigate the intricacies of Thai inheritance laws, ultimately achieving their goals for asset distribution and legacy preservation.

Corporate

Set Up a Representative Office in Thailand

Aug 24, 2023 by Legal Advisors 0 Comments ,

Setting up a representative office in Thailand can be a strategic move for international companies seeking to explore business opportunities in the country. A representative office serves as a liaison between the parent company and local partners, allowing for market research, relationship building, and limited non-trading activities. This article offers a comprehensive guide to establishing a representative office in Thailand, covering its benefits, legal requirements, key steps, and its role in fostering cross-border business relations.

Benefits of Setting Up a Representative Office:

Establishing a representative office in Thailand offers several advantages for international companies:

  1. Market Research: Representative offices can conduct market research, gather valuable insights, and assess local business conditions.
  2. Networking: A representative office allows companies to build relationships with local partners, suppliers, and potential clients.
  3. Business Promotion: While representative offices cannot engage in trading activities, they can promote the parent company’s products and services.
  4. Brand Visibility: Having a physical presence in Thailand enhances brand visibility and credibility.
  5. Cost-Efficiency: Representative offices serve as a cost-effective entry strategy for companies exploring the Thai market.

Legal Requirements for Setting Up a Representative Office:

To establish a representative office in Thailand, companies must meet certain legal requirements:

  1. Parent Company: The parent company must be a legitimate business entity registered in its home country.
  2. Activities: Representative offices are restricted from engaging in revenue-generating activities such as sales or trading.
  3. No Commercial Profits: Representative offices cannot generate commercial profits or income within Thailand.
  4. Licensing: Obtain approval from relevant Thai authorities, such as the Ministry of Commerce.
  5. Duration: Representative offices must renew their licenses every year.

Setting Up a Representative Office in Thailand:

The process of setting up a representative office involves several steps:

  1. Prepare Required Documents: Gather necessary documents, including the parent company’s certificate of incorporation, financial statements, and board resolution.
  2. Submit Application: Submit the application for establishing a representative office to the Ministry of Commerce.
  3. Approval: Once approved, the representative office can proceed with its establishment.
  4. Office Location: Secure an appropriate office space for the representative office.
  5. Bank Account: Open a bank account in Thailand to manage financial transactions related to the representative office.
  6. Work Permits: Obtain work permits and visas for foreign staff working in the representative office.

Role of Legal Professionals:

Engaging legal professionals is recommended during the process of setting up a representative office:

  1. Legal Expertise: Attorneys can navigate the complex legal requirements and ensure compliance with Thai regulations.
  2. Document Preparation: Lawyers can assist in preparing the necessary documents for the application.
  3. Regulatory Compliance: Legal professionals ensure that all required documents are accurate, complete, and submitted on time.

Post-Registration Considerations:

After establishing a representative office, there are several ongoing considerations:

  1. Annual Renewal: Representative offices must renew their licenses annually.
  2. Reporting: Submit annual financial statements to Thai authorities.
  3. Taxation: While representative offices are not allowed to generate income, they may have tax reporting obligations.

Fostering Cross-Border Business Relations:

A representative office serves as a bridge for fostering cross-border business relations:

  1. Market Insight: Representative offices provide insights into local market trends, consumer behavior, and competition.
  2. Business Development: By building relationships with local stakeholders, representative offices lay the foundation for potential business partnerships.
  3. Localized Support: Representative offices offer localized support for the parent company’s operations, facilitating smoother business processes.

Conclusion:

Setting up a representative office in Thailand is a strategic approach for international companies aiming to explore business opportunities in the country. By adhering to legal requirements, engaging legal professionals, and following the registration process diligently, companies can establish a presence that allows for market research, networking, and business promotion. A representative office plays a significant role in fostering cross-border business relations, enhancing brand visibility, and paving the way for potential future expansion into the Thai market. Through effective coordination between the parent company and its representative office, companies can leverage their combined strengths to navigate the intricacies of the Thai business landscape.

Property Law

How Important is Contract Review in Thailand

Feb 2, 2023 by Legal Advisors 0 Comments ,

How Important is Contract Review in Thailand

A good contract can ensure that your sale transaction goes through smoothly, but it’s not without its share of legal complications. While market forces, unequal bargaining positions, and fraud often get in the way of a fair agreement, there are some steps you can take to protect yourself from these risks. One of those steps is to get a lawyer to review your property purchase contract before you sign it.

This can help you avoid costly legal battles and keep your finances and peace of mind intact. This is especially true for foreign buyers, who don’t have the same familiarity with Thai laws as locals do. A lawyer will be able to review your contract and make sure that it adheres to all of the legal requirements in Thailand.

The benefits of a lawyer’s review include:

1. A contract review will ensure that your rights are protected.

This is important because Thai property laws are strict and can result in unfavorable legal consequences if you don’t follow them. A lawyer will check that your contract complies with these requirements and can also recommend any changes that need to be made.

2. A lawyer’s review will allow you to understand the fine print of the contract and identify any issues that may lead to litigation.

A lawyer will read the contract line-by-line and will highlight areas that aren’t clear. He or she will then be able to revise the document accordingly, improving your chances of a successful purchase.

3. A lawyer’s review will save you time and money

When it comes to buying property in Thailand, it is vital to have a lawyer review your contract. This will ensure that you are getting a fair deal and that you don’t end up with anything less than you deserve.

4. A lawyer’s review will help you get the best deal

A reputable lawyer will be able to ensure that you get a good deal when it comes to purchasing property in Thailand. He or she will be able to identify any issues with your contract and can recommend changes that will help you get a better price for the property.

5. A lawyer’s review will help you stay in Thailand safely and securely

It’s vital to have a lawyer review your sale and purchase contract if you’re planning on staying in Thailand for a long period of time. This will ensure that you don’t lose your property or have to leave the country in an unsafe manner.

6. A lawyer’s review will prevent you from losing your investment

The language of the Thai Civil and Commercial Code is complex and there are time limits for breaching contracts ranging from 30 days to 30 years. A lawyer can ensure that your contract is clear and enforceable in Thai courts so that you don’t have to worry about losing your investment or being in danger of being caught in a fraudulent sales transaction.

Civil Law

Thailand Retirement Visa

Feb 2, 2023 by Legal Advisors 0 Comments ,

The Thailand Retirement Visa allows expatriates who are over 50 years old to live in Thailand for a period of one year. This visa can be renewed each year for another year as long as the applicant continues to meet all of the financial requirements.

Getting a Thai Retirement Visa is simple and fast.

First, you need to qualify for a non-immigrant O type of visa that is valid for up to six months. This visa is available to residents of several countries, including the United States and Australia.

This type of visa has a lot of restrictions and requirements, but the good news is that they are easy to meet.

To get a Thai retirement visa, you will need to prove that you have an income and bank account in Thailand. This can be done through a statement that shows that you have had a balance of at least 800,000 Thai baht for at least 2 months before applying. You will also need to provide proof that you have enough funds to cover your living expenses in Thailand.

You can apply for the retirement visa in your home country or in Thailand. The application process is easy and quick, but you may need to make an appointment to submit the application in person.

The application can be submitted to a Thai Embassy or Consulate in your home country, or you can apply online or by mail. The process will take about 3 weeks to complete and it is important that you submit the proper documents and pay the required fees.

In the event that you are applying for a visa outside of your home country, you will need to present copies of all the documentation listed above. This includes a copy of your passport, two photos, proof of insurance, and a medical report.

Your application will also need to show that you have a Thai bank account, which has been open for at least 12 months prior to the application. This bank account must be in your name and have a balance of at least 800,000 baht.

Once you have the correct documents, you should submit them to a Thailand Embassy or Consulate in your home country. They will then issue you a visa.

During the course of your stay, you will be required to report to a Thai Immigration office every 90 days to complete a report that confirms where you are living in Thailand. This is a relatively straightforward process, but some people prefer to have someone else complete it for them.

When you do so, the official at the Immigration office will check that you have met the requirements for the retirement visa and then issue you a re-entry permit if you need to leave Thailand. This re-entry permit will allow you to travel freely around the country, but you must report to the Immigration office in Bangkok when you return to Thailand.

The best way to avoid the hassle of submitting these reports on your own is to hire an agent such as ourselves to do it for you. We can ensure that the whole process runs smoothly and quickly so that you can start enjoying all of the benefits of retiring in Thailand.

Property Law

Importance of Due Diligence in Thailand

Feb 2, 2023 by Legal Advisors 0 Comments , ,

Due diligence is a legal procedure that is used to ensure that everything involved in a business deal is above board and will not cause any problems with the transaction. This includes performing a property inspection and conducting a title deed search before making any purchases.

This is a vital step in any investment, especially when it involves real estate in Thailand. You can save yourself from a lot of headaches and expenses by ensuring that you do your due diligence correctly.

In order to perform a due diligence, you need to find an attorney who is well-versed in the legal aspects of buying and selling properties. These attorneys will be able to verify the property’s legal status and check if there are any legal encumbrances or rights attached to it.

You will also need to ensure that the land has not been encumbered by any of the following: Mortgages, lease agreements, or loans. This is because these can lead to legal problems in the future.

It is also a good idea to check the property’s zoning laws. This can prevent you from purchasing an unsuitable property or paying for a plot of land that is not allowed to be developed.

During the due diligence process, you will also need to make sure that the developer of the property is trustworthy. You will need to ensure that they have passed all of their environmental impact studies and zoning regulations. This will also protect you from any potential lawsuits in the future.

The property can also be inspected to check for drainage problems, road access, and disturbances in the environment. It is also a good idea to ask about the phone and sewage systems so that you can make sure they are functioning properly.

You will need to know that there is no land ownership that has not been registered by the local land office, which means that this can be adjusted or nullified at any time. This is why it is essential to have the title deed of the property inspected to ensure that it has been registered correctly.

Family Law

Thailand Marriage Registration

Feb 2, 2023 by Legal Advisors 0 Comments , , ,

When two people decide to get married, they need to register the marriage as legally binding in Thailand. This is done at a local district office (called an amphur in Thailand).

To be able to register your marriage, you will need to submit some documents to the amphur and show them along with two witnesses. Once you have this, the registrar will issue you a marriage certificate in Thai which can then be translated into English and/or your own language.

If you are a foreign national, you will need to obtain an affirmation from your embassy. This is an affidavit that confirms that you are legally free to marry. It must then be translated into Thai by an approved Foreign Ministry translator and certified.

You will then need to take this document to your nearest Amphur or Khet. They will be able to tell you whether or not they are able to register your marriage as a Foreigner and what is required of you. They will also inform you of how long the process will take and the best time to go.

The Amphur or Khet will ask you to bring your passport with you. This will then be checked and they will then contact the embassy and the ministry of foreign affairs to ensure that all the paperwork is correct. Then they will contact you back with a date for the registration.

It should take a couple of days at most for the registration to be completed. This does not include the time it takes to obtain the embassy papers and translations etc.

Once the embassy has done their checks they will call you back and tell you that it is ready to be registered at the Amphur or Khet. This will then take another day or so for the Amphur to be able to complete the marriage registration.

In most cases you will be asked to fill out an application form and provide a photocopy of your passport and an authenticated affirmation. You will then need to provide 2 witnesses and have the documents translated into Thai by an approved translation service.

A lot of the embassies are very strict on this and they will not accept your application unless you have all the proper documentation. In some cases they will require that the documents are sent to them by mail and then they will verify them before allowing you to marry.

This is very important to make sure that you have everything in order, because if there are any errors on the registration it could be rejected by the Amphur or Khet and this can cause a lot of problems for you.

If you have any questions about marriage registration or need help with obtaining the necessary documents, don’t hesitate to get in touch with our family lawyers. They will be able to assist you and make the process as stress-free as possible for you.

You should also consider registering your prenuptial agreement at the same time as the marriage registration. This will enable the parties to have legal proof of their rights on their assets and prevent future disputes.

Bangkok Law Firm
Bangkok Law

Bangkok Law Firm

Feb 4, 2020 by Legal Advisors 0 Comments , , , ,

Our law firm in Bangkok are highly-trained experts in their respective fields providing cost-effective solutions to individuals and businesses, always bearing in mind the objectives of our clients. With our staff of legal advisors and law experts, you are assured of only the best.

Offices are strategically located in Thailand.

Bangkok Law Office
Two Pacific Place Building,
142 Sukhumvit Road, Klongtoey,
Bangkok 10110

Phuket Law Office
Moo 5, Bangtao Place
T. Cherngtalay, A. Thalang,
Phuket 83110, Thailand

Pattaya Law Office
Moo 10 Nongprue,
Banglamung, Chonburi 20150

Chiang Mai Law Office
Curve Mall,
215/2 Chang Klan Road,
Muang, Chiang Mai 50100

Koh Samui Law Office
Moo 4, Bophut, Koh Samui,
Surat Thani, 84320

US Visa in Thailand
Bangkok Law, Civil Law

US Visa in Thailand

Sep 14, 2017 by Legal Advisors 0 Comments , , ,

Obtaining a US Visa in Bangkok is possible if you are able to locate a law firm in Bangkok who has US Immigration attorneys on staff. We at Law Firm in Thailand make at least two US Fiancee Visas each week. Asia has over the years seen an increase in applications for US visas. This mainly based on the ability for more people to travel with the advent of cheaper airline tickets and better global telecommunications.

Most couples tend to meet online or via a dating agency. This can be dangerous and we have and still do always advise clients to have a prenup drafted before getting married or becoming engaged. Some of the questions asked might not be relevant to you however you should have met your Thai fiancee before making an application for a US fiancee visa. This is part and parcel of the conditions for the US Visa. Some Americans prefer to get married in Thailand and apply for a US Spouse Visa also known as the K-3 Visa. The K-3 Visa does take a bit longer than the K-1 Visa however the problems which might arise later are far less than that with the Fiancee Visa. You need to speak to one of our immigration attorneys who will guide you to what would be considered your best options.

Some of the conditions related to the US fiancee visa is that both financial and other conditions such as having met in person. Speak to one of our immigration attorneys today either in person, on one of our US-free numbers or on live chat.

 

How to find a Law Firm in Bangkok
Bangkok Law, Civil Law

How to find a Law Firm in Bangkok

Sep 14, 2012 by Legal Advisors 0 Comments , , , ,

A Bangkok law firm is normally registered with the Thailand Bar Council. There is however another unmentioned problem that does occur in Thailand which does not occur in say locations such as Hong Kong. In Hong Kong there are laws in place to allow foreign attorneys, solicitors and barristers to practice law in Hong Kong.

Thailand however is not that open and hence as a foreigner you are not allowed to take up a position as an attorney however you are allowed to be a legal consultant without the right to appear in courts. Hong Kong is not the same as Thailand as one would judge that most if not all laws in Hong Kong are in line with the British legal system where say Thailand is not. The laws would hence not be anything close to the British legal system.

The obvious problem that this creates in Thailand is that there is very little control over legal consultants in Thailand and hence unless they are located in a main stream law firm such as Law Firm in Thailand any incorrect legal advice will have no real recourse to the Thai justice system. When looking for a law firm in Bangkok always search the forums to locate expats who will be able to give you some direction. A few things that you might not know about the Thai legal system is that the concept of ‘trusts’ or trust accounts have no legal standing. There is also no fidelity fund if your attorney runs off with your money and the justice system in Thailand tends to be very slow. Hence your money is lost and any recovery will be slow if not impossible.

Always ask questions from anyone you hire where they have worked before coming to Thailand. Many consultants are nothing more or not even at the standard of what would be considered a paralegal back in your home country – so always be aware of having to seek redress later should anything go wrong.

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