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                                                         P.G. THAI GROUP LEGAL SERVICES
 

                                                                

                                                                        

Legal Services 

                        

P.G. THAI GROUP Legal Team can assist you in any of the following services:

Land Office Property Title Deed Transfers
Power of Attorney
Thai Limited Company Formation
Thai Company Accounting & Balance Sheets
Thai Work Permit Application
Contract Preparation
Document Translation
VISA Application & Assistance
Marriage in Thailand
 
Last Will (THE  IMPORTANCE  OF  LAST  WILL)
Property Insurance
Health Insurance
Car Insurance
 

Land office Transfers - Power of Attorney in Thailand

Once an agreement has taken place to buy and sell a property, the final part of the process is the actual title deed transfer at the local land office department.

This is something that is highly recommended not to try to tackle on your own. Often there are long waiting times and if your paperwork is not fully correct it will cost you more time and aggravation.
It is not uncommon for these transactions to take most of the day to complete. If you have the time then you can go along with our legal representative and watch the process.
However, if you are on holiday or need to spend your remaining time more efficiently or somewhere else then you can always use the Thai power of attorney process.
This basically is the provision of power for another person to sign and represent you at the land office in your absence.

If you would like to use our legal team to represent you in the transfer of your property and/or discuss the power of attorney process, please contact us now.


Thai Limited Company Formation

At first glance the law regarding property ownership in Thailand seems fairly difficult for foreigners, but it is really no different from most other countries.
As in many other developing nations, Thailand real estate laws state that foreigners may not own land in their own names; but do have the right of ownership of newly built buildings on such land.
However, there are ways in which foreigners can legally acquire the use of land and house here in Thailand.
A common option is to put the asset into your wife or girl/boyfriend’s name, but as we are sure you will have heard prior to reading our website, this is not always the safest option in the long run!
Furthermore, in the last few years the government has frowned upon this system as the use of nominees, and so if using this option, you really have to look into the details of how you can safeguard your money.
Come and talk to us to find out more.

We thoroughly recommend the more common practice of opening a Thai Limited Company.

Foreigners, aliens, or farangs as we are often known, can form a Limited Company and register the land as owned by the company.
The foreigner can personally own maximum 49% of the company shares, with the remaining 51% in the names of Thai nationals or entities. (39% - 61% is the favored division for land ownership to satisfy land office regulations).
You, the foreigner are named as the sole executive director in the company's ‘Articles of Association’ and can also benefit from preferential shareholding, which allows you to have greater voting power and so greater control.
 
A Thai Limited Company must have a minimum of 3 shareholders – e.g. 1 Foreigner and 2 Thai persons. New stricter controls may now require evidence of eligibility of shareholders to purchase their shares.
 
We receive many inquiries from clients expressing concern that limited companies that are owned by foreigners could be exposed to 'special future legislation' by a (future) ‘extreme nationalist government’ with the intention
of stripping foreigners of their property investments in Thailand.
 
However, the truth is that your Limited Company is technically owned collectively by the shareholders, not the foreign director. Therefore, Limited Companies are Thai juristic entities subject to the Thai commercial law,
and any changes to legislation must apply to ALL Limited Companies, not only those whose directors are foreigners.
Commercial and personal Thai law really is no different from legislation in most other countries, and it applies to all juristic entities in Thailand, whether Thai or Foreign.

There is news that in line with the formation of the 2015 ASEAN Economic Community, companies will be permitted to allow 70% foreign shareholding but this is not yet signed by Thailand.

It is important to fully understand the Thai property laws and keep up to date with any changes.
We advise not to invest in vast amounts of agricultural land, but if you are seeking a plot or two to build a house for you and your partner to live in then you don’t need to worry – just get the real facts from professionals that understand and can explain the full process. Please avoid listening to the ‘bar-stool lawyers’ as they are called. These are usually people that scare prospective buyers away from the property market.
More often than not they are jealous of you and do not even own their own property. If you want a second opinion, ask a respected lawyer, then ask somebody who does own a property here, surely they know more than Mr. Bar Stool.

How do I set up a Thai Company?

The Thailand Ministry of Commerce requires many documents to be filed when registering a Limited Company.

It should be noted that the bureaucratic process here in Thailand is very thorough and requires a great deal of documentation!
However, our legal team can take care of everything, and our expertise will make this process very simple for you.
Processing your company formation with us will only require minimal time from you.
 
Basically, this is how it works:

1) You need to decide on the name of your company.                                                                                                                              

2) You need to provide a registering address for your company.

3) You must submit a ‘Memorandum of Association’ listing all shareholders and the company Business Activities.

4) You then hold a ‘statutory meeting’ and document the minutes.

5) Your Company registration application is then processed at the Ministry of Commerce.

6) Finally we obtain your income tax ID card and number from the Revenue Department, and order your company stamp.

7) After a couple of weeks, you are presented with all your completed company documents and company stamp.

The cost of setting up a Thai limited company depends on the amount of registered capital of the company.

A minimum capital registration suitable for most requirements now is a one million baht company. However, if you will need to acquire a work permit, the company must have a minimum registered capital of 2 million baht per each foreign worker.
It is Thai regulation that a foreign business is required to prove they have a specific minimum amount of capital prior to approval.
This can be done by submitting a document evidencing a bank account containing the specified amount, or with a declaration from the company director that the capital has been collected from the shareholders.


Company Accounting & Balance Sheet Services
 
 
As with any other country in the world, every business must process company accounts, provide balance sheets and pay any relevant taxes due. In Thailand the tax year runs with the calendar from January through to December.
Balance sheets must be calculated every six months, and the tax paid yearly.
There are penalties for late tax payments, but as long as your accounting is kept up to date and the tax payments are made on time, there is nothing to worry about this side of owning a limited company.
The important thing is getting a good accounting service.

If you would like to be recommended to our accounting team, please contact us now.


Thai Work Permits
 

Your Thai work-permit application must be submitted to the Labor Ministry, who will require:


- copies of various corporate documents of your sponsoring company
- copies of your Passport
- your CV and Educational Certificates
- a recent Medical Certificate
- multiple photographs
(other documents may also be required subject to case)

Your work permit is only valid for the particular job for which it was issued and within the geographic limits specified.

The work permit issued will display:

- name of the employer for which the applicant may work
- describe the position held
- describe the employment activities for which the permit is granted
- specify the location at which the activities may be performed

The work permit is valid for a maximum period of one year, application for renewal must then be made before the expiry.
You must apply in advance for any change in the identity of the employer, the position held and duties to be performed, and also the location for the performance of the work.

Again, with our expertise, we can provide all the necessary arrangements to support you through your Thai work-permit application. Simply sit back and relax, allowing us to run around and complete all the hard work for you.
It is very important to get everything correct from the start. Mistakes in your work-permit application can be costly, not just in terms of time.

Contact us now to arrange a meeting to apply for your Thai work permit.


Contract Preparation
 


Agreements may take place for property rental or sale, business and employment matters, joint ventures, loans, guarantees etc.
It is always best to secure any agreement with a proper binding contract. Such contracts must have all parties clearly defined and identified, the offer precisely documented and agreed to be accepted by both parties.

Of course, the agreement must also be in line with the law. It is very important to specify which law the contract applies to, including if the need arises to file complaint or court proceedings.
Generally, if the contract is between parties of the same nationality, then their own law applies. Otherwise, the law applies to the country in which the contract was written.

Whatever your contract requirements, no matter how simple, please ask us for advice.

P.G. THAI Group Legal Services often see something very important that our clients overlooked.


Written Translation Services
 
Translation Services
P.G THAI Group Legal Services are also pleased to offer full translation services, whether for business or personal matters. These might be sales contracts, or other legal documents, or even your personal love letter!
Sometimes just a slight mistake in translation can mean a big difference in the way your letter is received.

Need help in translating?   Please contact us now.

 

Visas
 
If you are applying for a work-permit, you will first require a Non-immigrant Visa, type “B” (Business Visa) from a Thai Embassy or Thai Consulate abroad prior to entering Thailand.
Once you arrive, you will receive a permit to stay for 90 days. After a stay of not less than 60 days but prior to the expiration of the Visa, you can apply for a one-year Visa to stay in Thailand from the Immigration Bureau.

Once approved, a one-year Visa will be stamped in your passport. Dependents can apply for a Non-immigrant type “O” Visa from a Thai Embassy or Thai Consulate abroad prior to entering Thailand.

The Visas of the following dependents may be extended to correspond with your own Visa:

a) your parents
b) your spouse by legal marriage
c) children under 20 years of age not married or disabled

Other Visas we can help you with are ‘Retirement’ and ‘Marriage’ O-Class Visas.

If you are 50 years of age or over you may apply for a ‘retirement visa’ under Thailand’s ‘extended stay program’.

You must prove that you have either 800,000 baht deposited in a Thai bank account, or a regular income of 65,000 baht per month, or a combination of the two, equating to a total minimum of 800,000 baht per year.
This can be in the form of your pension as an example.

If you are married to Thai citizen you may apply for an 'O' Class Dependent's Visa, often called a ‘Thai marriage Visa’.

You must prove that you have either 400,000 baht deposited in a Thai bank account, or have a guaranteed regular income of 40,000 baht per month - or a combination of the two, equating to a total income minimum
of 400,000 baht per year.

Holding any of these long term Visas requires you to report to the local Thai Immigration Bureau every ninety days.

This is a very important procedure that should not be overlooked as consequences are that your Visa will be revoked and you will need to apply again.
Whatever type of Visa you require, P.G. THAI Group Legal Services can assist you ensuring your application is filed correctly, saving you all the headache and time wasting often reported by people that try to do it themselves.

For help with your Thai Visa application, contact us now.


Marriage in Thailand
 
 
Thailand is one of the most beautiful locations in the world in which to marry, and getting married here is actually a fairly simple process.
 
If you plan to marry in Thailand you have to obtain clearance from your respective embassy. This includes clarification of your name, citizenship and legal freedom to marry.
 
This document then has to be translated into Thai language and legalized pursuant to the law of Thailand, before finally submitting with your fiancée’s documents and registering your marriage at the local Amphur.

Thai registered marriages are recognized worldwide.

Added benefits of marriage are the bonus of being able to apply for a ‘marriage visa’ to stay in Thailand, or even applying to take your wife/husband back to your home country.

P.G. THAI Group Legal Services can guide you through the whole marriage process which can be as quick as one week.

Contact us now to start the process!


Protecting your assets with a Prenuptial Agreement

We have all heard the horror stories about lost fortunes through marriage, or more accurately divorce!
‘Prenuptial agreements’ are a legal standing agreement that can help you if you have assets of substantial value like property.

They form a financial plan that can be managed through the marriage or upon the break-up of the marriage. Understand that these are made before a break-up which is very different from trying to agree during a break-up!
You are able to divide property into categories of separate and communal ownership, and specify how finances are managed during your marriage (except for provisions of child support).

If you think you will need to draw up a prenuptial agreement, then please contact us as we can process this for you properly, ensuring you receive the peace of mind that your assets are properly secured.

Protecting your assets with a "Last Will" ( THE IMPORTANCE OF "LAST WILL" )
 
For many people, estate planning and the preparation of a last will and testament is a dreaded thought and something that is rather avoided.
However, it is certainly advisable to settle such affairs and this holds true in particular if you have property in Thailand.

If you do not prepare a will, the law decides how the estate is distributed. Succession in Thailand is governed by Sections 1599 ff. of the Thai Civil and Commercial Code (“CCC”).
Rules related to international issues are governed by Sections 37 ff. of the Thai Act on Conflict of Laws.

Statutory heirs are entitled to inherit according to the following order (Section 1629 CCC):

Descendants
Parents
Brothers and sisters of full blood
Brothers and sisters of half blood
Grandfathers and grandmothers
Uncles and aunts

The surviving spouse is also a statutory heir. His/her share of the inheritance depends on how many and which type of statutory heirs there are altogether.

Thai inheritance law does not recognize the idea of a statutory share. Any heir can be fully disinherited.

If there are no living relatives and no will, the estate devolves to the state.
 
Why a will is recommended: It is highly recommended to have a last will and testament naming all your assets, such as property, bank accounts, vehicle, and personal items as well as naming your heirs.

If there is no will, the statutory heirs have the burden of proof that they are next of kin.

They will in practice have to hire a Thai lawyer to represent them during the court probate proceedings in Thailand and perhaps even have to travel to Thailand. This is avoidable by preparing a will.

In a will, an administrator of the estate may also be appointed, such as a lawyer in Thailand.

Thailand now has enacted laws that govern issues related to the so-called “living will”, which means your instructions as to what to do if you are seriously injured and left in a vegetative state.

Such instructions may be included in your last will and testament.

Also, funeral arrangements may be set forth in your will.

If the deceased had a Thai spouse or partner who owns common assets in his/her own name, in particular if they have been paid for by the deceased, the spouse or partner also should have a will.

Formalities of a Thai will: In Thailand, the most common type of will is required to be in writing, dated at the time of making the will, and signed by the testator before at least two witnesses of the testator’s signature (Sections 1656 CCC).
It does not have to be drafted in Thai language.

The body text of the will may be printed or handwritten. In addition to this common type of will, there are certain other types with different formalities, such as a public will, which are less relevant in practice.

We strongly recommend preparing a separate Thai will for assets in Thailand in addition to the will in your home country.

This is necessary because different jurisdictions usually require different formalities for wills.

Furthermore, having a will drafted in the home country to cover assets in Thailand may be problematic and burdensome to the family as documentation may need to be translated, notarized and approved by a government body.

Conflict of law: If assets include a house and/or a leasehold right in Thailand, Thai courts will be competent for the probate and Thai law will always govern the succession.

If assets include movable property in Thailand, including shares in a Thai company, Thai courts will be competent as well, however according to Thai conflict law the law of the domicile of the deceased at the time of his death will be applied.

A Thai will should be prepared and signed on Thai territory, as in this case it is ensured that the aforementioned Thai rules regarding the form of the will apply.

Probate in Thailand: In order to obtain a probate in Thailand, probate proceedings at the Thai courts will need to be initiated by the heirs.
A probate will in most cases be required to administer the estate orderly, even if the deceased has provided for a last will.

If the deceased himself named an administrator in his will, the probate court will appoint this person.

One of the heirs, but also a third party, such as a lawyer, may act as administrator. Otherwise the court will seek to appoint one of the heirs as administrator of the estate.

The administrator will be appointed by the court if none of the heirs object.

The administrator is obligated to appear personally at the court hearing in Thailand.

If heirs consent to the appointment of the administrator in writing, they will usually not be required to appear during the hearing of the probate court in Thailand.

This means that in a normal probate procedure without complications, the heirs can avoid traveling to Thailand by using a professional administrator such as a lawyer.

Inheritance of Thai property: Please note that a leasehold right regarding property in principle ends upon the demise of the lessee.

However, standard land lease agreements usually state that the leasehold right should be passed on to the heirs by way of inheritance.

This issue needs to be dealt with at the time of preparing and entering into the land lease agreement, and it is advisable to have your legal adviser check any such agreements again as part of the inheritance arrangements.

A building owned by a foreigner may be passed on to the heirs according to general rules.

If shares in a Thai company are passed on by way of inheritance, e.g. in the case of shareholding in a Thai company that holds land, it should be noted that rather complicated legal issues with regards to corporate law may arise.

A will provides for clarity here and avoids legal disputes between heirs and/or shareholders.

Inheritance Tax: It might be interesting to note that inheritance tax is not levied in Thailand.
 
Please contact us now for further information and the preparation of your Last Will.
 
 
Insurance Services
 

- Property Household Building & Contents Insurance

It takes time and effort to establish your home for you and your family to enjoy. For safety and peace of mind at home, there is no better protection than our recommended household insurance package.

This comprehensive insurance plan covers the contents of your home from loss or damage caused by fire, theft, windstorm, burst pipes, water damage, and many other accidental damages.

Renting out your property?   Even more reason to make sure that your assets are properly covered!
 
Our trusted insurance partners can ensure your property is safe.

Please contact us now for further information.


- Health Insurance
 

If you are an Expat living and/or working abroad, there is nothing more important than ensuring you have adequate medical cover for you and your family.

The cost of medical treatment is increasingly expensive and very difficult to arrange, particularly in an emergency. Accessing the right kind of health insurance cover can turn out to be a nightmare.
 
Let us help you - We have access to Private Health Care schemes made especially available to Expatriates, with all levels of cover and added freedom to choose the hospital of your choice.
 
Time and time again, we see the absolute nightmare families have to go through when somebody is involved with a serious illness or accident.
 
It is always too easy to think it will never happen to you, or understand that yes you need it – and will ‘do it soon’.

Don’t delay and don’t underestimate the importance of health insurance in Thailand.

Our trusted insurance partners can ensure you are correctly covered.

Contact us now to find out more.


- Car Insurance

If you are driving a vehicle in Thailand as a Foreigner then you must ensure that you have full cover car insurance.

As in the West there are many insurance companies in the market and you can certainly find a difference in the prices for the same cover.

Our trusted insurance partners can ensure you are correctly covered.

Contact us now to find out more.


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