siam-legal

[siam-legal]

Introduction to Force Majeure

“Force majeure” (“FM”): FM, also referred to as an Act of God, addresses the scenario when performing a contract or obligation becomes impossible, difficult, or onerous to perform due to exceptional events outside of either party’s control. Typically, a party prevented from fulfilling its obligations by such events is temporarily relieved from complying with those obligations and, thus, can avoid liability that would otherwise be imposed for non-compliance. Generally, FM clauses can excuse, suspend, or extend the time to perform under the contract, upon the occurrence of an event or circumstance beyond a party’s control.

Examples of force majeure events include a list of extraordinary occurrences, such as the outbreak of war, and “acts of God”, such as earthquakes, fires, or floods, and in certain circumstances, epidemics and/or pandemics. Usually, the list is non-exclusive, where parties to the contract have to set out specific examples of events or circumstances that are beyond a party’s reasonable control.

It is important to note that not all contracts contain a force majeure clause. Sometimes the language of a contract, though not specifically referencing “force majeure”, can be given the same effect. In the absence of force majeure language, other defenses to non-performance such as the doctrine of impracticability might relieve you of some of your duties and obligations under a contract. Still, relying on an FM clause is generally the best choice to excuse non-performance. Further, if there is an FM clause, the actual language of that clause will be crucial in determining what rights you have and what responsibilities you have in claiming those rights.

FM, under the Thai context, is defined broadly in Section 8 of the Thai Civil and Commercial Code as any event that is happening or a pernicious result of which could not be prevented even though a person against whom it happened or threatened to happen were to take such appropriate care as might be expected from him in his situation and in such condition. 

Is COVID-19 a force majeure event?

Most businesses and contractual agreements were widely affected by the COVID-19 pandemic. The effects of COVID-19 could justifiably cause termination of contracts by non-performance and could adversely affect the parties’ businesses. Therefore, in drafting these contracts in the future, it should be noted that contracting parties are expected to mitigate the effects of COVID-19 when performing their obligations to be beneficial for both parties. A party who claims the benefit of a force majeure clause would first have to demonstrate why the COVID-19 pandemic was causing the delay or making it impossible to perform.

The grounds for force majeure to be applicable are the following:

The event was the cause of the non-performance of their contractual obligation;

In case where time is of the essence, the performance could not be done during the event/force majeure event; and

After the event, the performance is not possible.

To invoke the force majeure clause, even if the force majeure is included in the contract, the burden of proof falls on the party who invoked the clause to prove to the Court how the pandemic directly or indirectly affected the case and how did it delay or prevent the party from performing as they agreed in the contract terms.  In circumstances where the performance could be made, but it would create more difficulty or it would cost more than it should, cannot be used as an excuse for non-performance. If they are able to satisfy the force majeure clause, they may still be liable to compensate for the delay in performance or non-performance. 

Simply put, it will usually come down to two things:

Is your FM clause triggered by this Coronavirus scare or the government shutdowns or the fallout of either event?

Has that affected your ability to perform such that you need to claim a delay, suspend the work or terminate performance either entirely or in part?

As such, performance becomes impossible, illegal, or impractical.

On March 24, 2020, for example, the Thai Committee for Government Procurement and Supplies Management circulated guidelines for the administration of contracts between private entities and the government during the COVID-19 pandemic and announced that the COVID-19 is qualified as a force majeure event. Furthermore, as an example, contracts that were made between the government and private entities before the COVID-19 pandemic and were affected by it, shall have their fine deducted or exempted, in case it has already reached the agreed deadline or increase in contractual period for private entities to be able to perform in accordance with their contractual terms. In case of delivery, the government officers may appoint a representative to check and receive the delivery or they may postpone the delivery until it is available to do so. The specific period of force majeure in Thailand began with the government’s announcement of a state of emergency on March 26, 2020.

A related section to this is Section 219 of the Civil and Commercial Code given that “The debtor is relieved from his obligation to perform if the performance becomes impossible in consequence of a circumstance, for which he is not responsible, occurring after the creation of the obligation. If the debtor, after the creation of the obligation, becomes unable to perform, it is equivalent to a circumstance rendering the performance impossible.” An example would be when the government has ordered a company to cease its operations, it will be relieved from performing its obligation. However, Thai courts would likely settle where the affected party will at least get some amount of compensation from the non-performance of obligations unless it would be unfair to the party who cannot counter the force majeure clause.

In addition, the Ministry of Labor has also announced that COVID-19 is considered an event of force majeure under the Social Security Act (“SSA”) for cases that impact employers and/or employees severely enough that the employers cannot operate their businesses normally and the employees temporarily cease from work. The Social Security Office (“SSO”) declared that employees who are insured under the SSA shall receive unemployment benefits caused by the economic crisis unless they do not meet the conditions. 

In cases where businesses have been disrupted due to the pandemic, they are forced to lessen their employees to lessen their expenses. The employees shall be dismissed according to the Labour Protection Act (“LPA”). Dismissal which is not in accordance with the LPA will be deemed as a wrongful dismissal which may result in a fine or imprisonment under the LPR. Hence, in this case, the pandemic or force majeure is not an excuse to not properly pay or dismiss any employees unless there is a dismissal with cause.

In conclusion, the outbreak of COVID-19 has a significant effect on commercial contracts as well as other types of contracts as well. It raised many questions on how to perform their obligations to their employees, lessors, or another party if they invoke the force majeure clause, would it be applicable? As force majeure does not release the parties from their contractual liabilities unless it is impossible. Hence, to invoke force majeure clauses, the cause and effect must be connected and shall be viewed on a case-by-case basis since each effect of COVID-19 may vary from another.

Key Takeaway

FM isn’t a license to stop working: the terms of the specific clause will be very important and you’ll need to show that you tried to carry on work as planned.

Don’t expect leniency in court: keep in mind that courts will usually look at these clauses pretty narrowly, meaning it’s a bad idea to expect a lot of leniencies if a dispute arises over an FM clause. If possible, it’s usually a better idea to try and move forward with the contract.

Open and frequent communication is key: open and often open communication can help ease the stress of having to rely on an FM provision. If you and your customer or your vendors can agree on how to proceed, that will be a lot easier than getting into a contentious dispute and having to fight over the terms of your specific FM clause. 

Generally speaking, it is best to avoid legal disputes since disputes could be lengthy and one or both parties may lose the benefit from the contract.

The post Introduction to Force Majeure first appeared on Thailand Law by Siam Legal. from Thailand Law by Siam Legal https://www.siam-legal.com/thailand-law/introduction-to-force-majeure/ via Siam Legal International

#Corporate Law #Property Law #Family Law #Civil and Criminal Law

[siam-legal]

Thailand BOI: Enhanced Incentive Packages and Special Incentives for Targeted Activities

BOI Seminar Summary

BOI has 2 types of investment incentives which are the standard incentives and additional incentives. The standard incentives consist of activity-based with less than or equal to 8 years of CIT (corporate income tax) exemption and technology-based (Nano tech, Digital tech, Bio-Tech, Advanced material tech) with less than 10 years of CIT exemptions. The 3 types of additional incentives are merit incentives, area incentives, and agenda incentives.

Merit-based incentives are based on your cooperation that benefits the public interest in accordance with the BOI.

Area-based incentives are based on the location of BOI-registered companies.

Agenda-based incentives consist of Investment Stimulation Measure, Productivity Enhancement Measure, Measures to support Grassroots Economy Development.

BOI incentives scheme for productivity enhancement is geared to making Thailand’s supply chain more competitive. The supply chain includes:

Adoption of automation/machinery upgrade,

Industry 4.0 Transformation,

Adoption of digital technologies and

Invest or spend in R&D/advanced engineering designs.

The eligible applicants are companies that are engaged in businesses in the BOI activity list.

In addition, BOI will provide tax incentives for companies that meet the Automation and Robotic Industry 4.0 transformation standard by an additional 3 days tax holiday. Companies that create carbon footprint may adopt the sustainability and decarbon standard to calculate their carbon footprint and reduce it with paper evidence of the decrease after adjustments to get more tax incentives.

Currently, BOI is focused on creating an ease of doing business by changing most paper-based processes into digital-based format. BOI e-services, custom service unit, and government data exchange (GDX) are now available in the system, however, in mid-2022 BOI planned to make e-certificate available for service as well.  Adopting e-services for BOI registration procedures to submit data online where companies registered under BOI after June last year will have to use the e-filing process. 

BOI also simplified access of skilled labor into one window for Visa & Work Permit development. In the future, Smart Visa and LTR Visa will be included in the Single Window.

Long-term Resident Visa (LTR) is the newly issued work permit visa where the visa will be granted 5 years at a time and can be renewed every 5 years if qualifications are met. The visa type is 10 years renewable for applicants and a maximum of 4 dependants including spouse and children (under 20 years old). It also allows access to immigration and work permit services at One-Stop Service Center for Visa and Work Permit with exemption of employment quota. The usual 90-day report will be extended to 1-year report and exemption of re-entry permit. 

The LTR visa will become effective 90 days after the MOI (Ministry of Interior) announcement is published in the Royal Gazette around May 2022.

There are 4 targeted groups in total.

Wealthy Global Citizen

no age requirement, former Smart 1 applicant

personal income no less than $80,000 per year in the past 2 years.

Investment of no less than $500,000 in any of the following: Thai government bonds with over 5 years of remaining maturity, direct investment as an individual investor, or real estate (with proof of transfer)

Wealthy Pensioner

50 years of age or more with regular pension income, former retirement visa applicants

personal income no less than $80,000 per year in the past 2 years.

personal income is less than $80,000 but not less than $40,000 in the past 2 years, applicant MUST have investment of no less than $250,000 in any of the following: Thai government bonds with over 5 years of remaining maturity, direct investment as individual investor, or real estate (with proof of transfer)

Work-from-Thailand professional or a remote worker who works for an overseas employer

personal income no less than $80,000 per year in the past 2 years. In cases where the annual personal income is less than $80,000 but not less than $40,000 in the past 2 years, the applicant must have a master degree or above or IP ownership or received Series A funding to mee the condition of this group. 

applicant has to have at least 5 years of working-experience in the relevant field to the current employment 

current employer must have either a public company listed on the Stock Exchange in any country or a private company that has been in operation for at least 3 years and has total combined revenue of more than 150 million USD in the last 3 years.

High-skilled professional working, former Smart T and E applicants, experts in targeted industry/high skilled professional in targeted industries in Thailand, working for Thai government agency/ higher education institution, research center, or specialized training institution in Thailand.

with personal income no less than $80,000 per year in the past 2 years. In cases where the annual personal income is less than $80,000 but not less than $40,000 in the past 2 years, applicants must have S&T a master’s degree or above or have special highly skilled expertise relevant to the job assignment in Thailand. 

Applicants must have at least 5 years of working experience in the targeted industries except for applicants working for a Thai government agency or a state-owned higher education institution or research center or specialized training institution in Thailand or applicants with a doctorate degree. Any applicant who meets the exception will also be exempt from personal income conditions.

No minimum personal income for experts working for a Thai government agency/ higher education institution, research center or specialized training institution in Thailand.

For all types, the health insurance policy of no less than $50,000 coverage through the entire period of stay in Thailand or social security healthcare, which insures hospitalization treatment in Thailand.

High Skill Workforce Development Platform

BOI is promoting enterprises that identify workforce demands with manpower training grants where the BOI will pay for training expenses for Thai employees in targeted industries such as smart electronics, auto and robotics, medical hub, digital economy, and others. The conditions are that the training must be completed within 2 years with no less than 100,000 baht per employee and no less than 5 million baht per company. The training courses are Advanced Technology Skills Development Courses which are approved by MHESI (Ministry of Higher Education, Science, Research and Innovation). The employee must be a Thai citizen, vocational qualification or higher and the training participants must not be less than 10% of the total number of employees or at least 30 employees. 

For External type of training, BOI will pay for no less than 50% of the cost by external providers. 

For In-house type of training, BOI will cover no less than 50% of the training expenses.

Area incentives

Science and Technology Park

Any BOI promoted company located in the Science and Technology Zones may receive additional incentives if they attend the eligible activities such as research and development, electronics design of 50% for 5 CIT Reduction years to top-up the standard benefits.

R&D (research and development) tax incentives – increase the maximum percent to 5 years.

  Please feel free to contact us for more details.

 The post Thailand BOI: Enhanced Incentive Packages and Special Incentives for Targeted Activities first appeared on Thailand Law by Siam Legal. from Thailand Law by Siam Legal https://www.siam-legal.com/thailand-law/thailand-boi-enhanced-incentive-packages-and-special-incentives-for-targeted-activities/ via Siam Legal International

#Corporate Law #Property Law #Family Law #Civil and Criminal Law

[siam-legal]

2022 Guide to Work Permit Exemptions

Despite Covid and the world economic crisis, Thailand’s business scene remains one of the most dynamic amongst Southeast Asian countries. With the efforts from both the public and private sectors to recover from the current instability, the economy will get back on track in due time. 

Owing to many opportunities for expats and the recent border reopening, many foreigners might be considering starting a business or working in Thailand. Generally, in order to engage in any kind of work in the Kingdom, a foreigner is required to obtain a work permit with support from the hiring company before beginning their work legitimately. 

It is crucial to acknowledge that not all companies in Thailand are able to provide foreign employees with work permits. To be eligible, the company must fulfill the requirements of the Ministry of Labor. 

These typically include:

The registered capital of at least 2 million Baht per one work permit for a Thai registered company where a majority of the shareholders are Thai.

There must be at least 4 Thai employees to apply for one work permit.

If the company is not registered in Thailand, the investment capital from overseas should be at least 3 million Baht per work permit.

However, these conditions do not apply to the foreign companies that successfully obtained the promotion from the Thailand Board of Investment (BOI).

Nonetheless, the Alien Working Act 2008 outlines work permit exemptions for foreigners who meet the specified conditions.

Who Are Exempted from Work Permit in Thailand?

Government and Diplomat Representatives

Members of the diplomatic delegations

Members of the consular missions

Representatives of the member countries and officers of the United Nations and its specialized agencies

Personal assistants traveling from overseas to support the individuals listed in a., b., and c.

Individuals who execute the missions as per the agreement by the Thai government and foreign governments or international organizations

Individuals who carry out duties for the benefit of the Kingdom in the areas of education, culture, arts, sports, and others as stated in the decree

Individuals who acquired permission from the Thai cabinet to perform duties or missions in the Kingdom

Those Who Enter the Country for Urgent, Short-term, and Essential Duties

Under this special case, individuals who enter Thailand for business that is considered essential and urgent can engage in their tasks in the Kingdom for a maximum of 15 days without the need to apply for a work permit. However, the foreigners must request permission from the Ministry of Labor and obtain a written notification prior to their entry into Thailand.

Foreigners who are permitted to work under this circumstance can enter the country with any kind of visa. Yet, the definition of ‘urgent and essential duties’ is somewhat ambiguous. Therefore, the cases mostly depend on the discretion of an authorized person.

These are some of the activities that do not require a work permit:

Participation in conferences, seminars, business meetings, or lectures

Participation in technical works such as machines repair and installation, demonstration and testing of machine tools, etcetera

International recruitment activities, such as recruitment of workers and skills test

Participation in legal services, such as arbitration.

Other activities as agreed by the authorities in charge

Investors or Founders of Foreign Businesses

A foreigner who intends to work in Thailand under the promotion of BOI can first enter the country, then begin the application process for a work permit within 30 days. During these 30 days, the foreigner can engage in his/her duties while waiting for approval from BOI and the official work permit from the Labor Department.

In addition, representatives of a foreign entity under the Foreign Business Act are excluded from the requirement to apply for a work permit. These representatives may include Directors, board members, or high-level foreign executives and managers who work for an entity such as a representative office or a branch office with a valid Foreign Business License.

Those Who are Granted Smart Visa

In 2021, the Thai government launched a Smart Visa program to attract foreign talents with certain qualifications. If approved by BOI and the National Innovation Agency, the foreign professionals who are granted this special visa and their families can stay in Thailand for a maximum of 4 years without having to apply for a work permit.

There are 5 categories of Smart Visa program that foreign professionals can select to apply based on personal circumstances. The categories consist of Talents, Investors, Executives, Startups, Spouses and Children of the Smart Visa Holders.

Additionally, to be eligible for this privilege, the professionals must be working in the 13 targeted industries, such as smart electronics, agricultural and biotechnology, automation and robotics, etcetera. More information regarding the Smart Visa program can be found on this official page.

It is worth noting that a foreigner who is not exempted from a work permit and is engaged in work in Thailand without permission from related authorities will be liable to severe punishment. 

These exemption policies help accommodate qualified foreigners in investing and working in Thailand. Yet, some regulations can be complicated and obscured. To help lighten the effort and ensure a smooth process, interested foreign professionals should seek more details and recommendations from legal experts in Thailand. Contact us to help assess your requirements and assist you with the best solutions. 

The post 2022 Guide to Work Permit Exemptions first appeared on Thailand Law by Siam Legal. from Thailand Law by Siam Legal https://www.siam-legal.com/thailand-law/2022-guide-to-work-permit-exemptions/ via Siam Legal International

#Corporate Law #Property Law #Family Law #Civil and Criminal Law

[siam-legal]

Setting Up a Company in Thailand

If you are looking to start your first business in Thailand, it is crucial to understand the legal implications and processes you will need to go through. The task could be challenging and time-consuming, but with proper preparation and trusted advice from qualified experts, you will be able to get a company up and running in no time.

The Thai economy is recognized as one of the fastest-growing in the region with many investors flocking to the country in search of new market openings. The country is equipped with favorable infrastructure, skilled workers, high market demand for consumer goods, and the government’s support for foreign investment. Consequently, registering a company in Thailand will provide you with many incentives and infinite opportunities.

To help you kick start an entrepreneurship journey in the Kingdom of Thailand, here are some of the essential information you need to be aware of.  

1. Understand Foreign Business Law and Thai Company

The Foreign Business Act (A.D.1999) governs foreign business activities in Thailand. As a foreigner, there are restrictions to the types of business you can legally conduct.

Foreign Business License:

The Foreign Business Act contains a range of activities reserved only for Thai nationals, such as businesses related to natural resources, national security, and certain types of business in the service industry. The Foreign Business License allows foreigners to operate some categories of business that are generally restricted. With the license obtained, foreigners can also register a company where they can possess 100% or over 49% of the shares. However, the process is quite lengthy with numerous requirements.  

Board of Investment Promotions

Another solution for those who wish to gain special benefits from the government is to apply for the Thailand Board of Investment (BOI)’s promotion. If the foreign company falls under the criteria provided by BOI, it will be eligible to apply for the incentives. These consist of 100% foreign ownership of the company, several tax incentives, work permit, visa support, etcetera. Yet, the selection guideline is rather strict, and the process could take a long time. In addition, the company is required to submit a business status report to BOI periodically to maintain its status as a company under the BOI’s promotion.

Then, What Does It Mean to Operate a Business as a Thai Company?

Since obtaining the Foreign Business License or the BOI Promotion Certificate is so complex, one solution that most foreigners turn to is to register their business as a Thai company. The most common form of incorporation is a private limited company. Although operating under a Thai company means that the majority of the shareholders (at least 51%) must be Thais, there are still many advantages, and the procedure is much simpler.

Being considered a Thai entity, there is no restriction to the type of business you can run even if the company is partly owned by foreigners as it is not controlled by the Foreign Business Act.

Thai Nominee Shareholders and the Restrictions

Foreigners who have been staying in Thailand for a while may be familiar with the term Thai nominee shareholders, but for the newcomers, it would be beneficial for you to understand the meaning and how it is perceived from the legal perspective.

For a nominee shareholder, the shares are only held ‘in the name’, meaning such shareholder has no interest or significant relevance to the company or its business. According to the Foreign Business Act, a Thai nominee is a Thai person whose name is registered as a shareholder of the company but merely holds the shares on behalf of the foreign business owner. By using the Thai nominees, foreigners have been able to own and conduct business with the majority of control over the Thai private limited company. It is important to note that this act is considered illegal by Thai law with severe punishment imposed.

2. Select the Type of Incorporation That Suits Your Needs

There are various types of incorporation in Thailand and before you begin the registration process, you must select the type of business you would want to establish. Each type of business entity is explained below.

Limited company

There are two types of limited companies: private limited companies and public companies. As mentioned, the private limited company is the most popular amongst international investors.

For a private limited company, there must be at least 3 shareholders and promoters in which the shareholders’ liabilities are limited to the amount of the unpaid shares registered. With this type of company, the law permits foreigners to hold a maximum of 49% of the shares with the remaining shares held by Thais. Each shareholder must hold at least one share with equal par value, and 25% of the subscribed shares must be paid up.  

The difference between a private limited company and a public one is that a public company can have its shares listed on the Stock Exchange of Thailand (SET) where the company’s shares can be traded to the public. Nonetheless, it is very complicated to form a public company and the regulation is very stringent.

Sole Proprietorship

As the name implies, this type of entity is owned and operated by a single individual. Though the requirements to operate this type of business may be fewer, the liability is unlimited. Once the business scales, it will be difficult to maintain a sole owner and assume all the liabilities. In addition, not all nationalities are qualified to register as a sole proprietorship and some restrictions are applied to certain types of business.

Partnership

There are three types of partnership that are commonly formed under Thai law. These are unregistered ordinary partnerships, registered ordinary partnerships, and limited partnerships. The major difference between each one is the extent to which the liabilities are imposed on the partners.

Unregistered ordinary partnerships meaning all of the entity’s debts and obligations are under the liabilities of all partners. Although this type of formation is not regarded by the law as a legal entity, hence no legal status, the partners are jointly and equally responsible for the arrears derived from the business.

Registered ordinary partnership is considered a legal entity where the individuals must register the partnership with relevant authorities. With this type, the entity’s liabilities are separate from the individual partners forming such entity. The entity assumes rights and responsibilities as a legal establishment.

Limited partnership is recognized as a juristic person and thus, requires registration with the authorities in charge. There are two kinds of partners in the limited partnership where each kind holds different liabilities.

One or more partners whose liabilities are restricted only to the amount invested in the entity. This type of partner holds no right to intervene with the management of the partnership.

One or more partners whose liabilities are unrestricted and are jointly responsible for all the debts and obligations of the partnership. These partners are the ones who manage the operation of the business.

Since the limited partnership is a legal entity, it is subject to corporate income tax as the limited company, but without the advantages of the limited company. Hence, this type of formation is not favored by many investors. 

Representative Office

A representative office is a foreign entity established to render services to the headquarter or affiliate offices in other countries. As there are many restrictions to the kind of activities that a representative office can perform, it is not an entity many choose to establish. The main objective of a representative office is to provide local market intelligence to its parent company. A representative office is not permitted to conduct any commercial business activities.

Branch Office

A branch office is a direct extension of its parent company. Unlike a representative office, a branch office can undertake business operations including trading or providing services. This entails that the management and operation of the branch office are dependent upon the headquarter and its liabilities are also shared with the headquarter.

Nonetheless, it must be registered as a juristic person governed by foreign law. Therefore, if a branch office conducts business that is restricted by the Foreign Business Act (A.D.1999), the Foreign Business License must be acquired.

3. Incorporate Your Business

Once a decision is made on which type of incorporation best fits your interests, the next step is to register your business with the Department of Business Development (DBD). In cases of the sole proprietorship or the different types of partnerships, the preparation process is relatively straightforward compared to a limited company which may require professional assistance. 

Here is the overview of the registration procedure for a limited company.

i) Reserve a name for the company 

This can either be completed online through DBD’s website or submit the form in person at the DBD office located throughout Bangkok.

The applicant can reserve up to 3 names that are distinct from other companies, then the accountable officer will select the one name that complies with the regulations. This process can take 1-3 business days while the name is only valid for 30 days after the approval.   

ii) Prepare required documents and arrange the subscription of shares

The documents may include:

Memorandum of Association (MOA) with the following information:

Reserved company name

Office location

Company’s objectives

Capital to be registered, number of shares, and their par value

Names, addresses, age, occupations, and number of shares of the 3 shareholders

Names, addresses, and the age of 2 witnesses

Articles of Association (company’s regulations)

Application form signed by authorized Directors

List of shareholders and share certificates issued

Copy of the statutory meeting’s resolutions

Map of the head office

Copies of IDs of the Directors and promoters

Before the application submission, at least 25% of the capital must be paid up. It is also important to note that the company is required to have 2-million-baht capital at a minimum to apply for a single work permit for its foreign employee. 

4. Register for tax and other licenses

Once you have a company incorporated, there is another step to consider before starting the operation. As a legally registered juristic person, the company is subject to corporate income tax. The company’s tax ID is the same as the juristic person registration number provided to you by the DBD officer. When it comes to VAT, the registration is only compulsory when the turnover rate of your company exceeds 1.8 million Baht.

In terms of other licenses, this depends on the type of business you are going to operate. For instance, if your business involves importing goods to sell in the Kingdom, then you will be required to obtain the import/export license from relevant authorities.

For foreign investors who are eyeing to start a business venture in Thailand, there are many details you need to be thoroughly informed with respect to culture, business landscape, and legal conditions. With the help of professionals equipped with extensive experience locally, things will be much less complicated for you. Reach out to us for more information.

The post Setting Up a Company in Thailand first appeared on Thailand Law by Siam Legal. from Thailand Law by Siam Legal https://www.siam-legal.com/thailand-law/setting-up-a-company-in-thailand/ via Siam Legal International

#Corporate Law #Property Law #Family Law #Civil and Criminal Law

[siam-legal]

Steps for Company Registration in Thailand

Thailand is amongst one of the most attractive countries in the region for foreigners to set up a business due to its strategic location in Southeast Asia, the growing economy, and the system that supports foreign investment. If you are an entrepreneur who wishes to grow your business in the Kingdom of Thailand, here is the overview of the necessary steps for company registration to get started on your journey. 

Before going through the steps, it is recommended for foreigners to explore the list of restricted business activities that are reserved for Thai nationals stated in the Foreign Business Act 1999. Additionally, if your business falls under certain criteria, you will be able to apply for incentives from the Thailand Board of Investment (BOI), such as years of corporate income tax exemption and 100% foreign ownership. 

There are 2 cases of company registration in Thailand with foreigners as shareholders. 

A company with foreigners holding a maximum of 49% of the shares. In this case, the company is considered a Thai company and can perform any type of business activities under Thai law. 

A company with foreigners holding 100% or over 49% of the shares. In this case, the company is considered a foreign company and must apply for a Foreign Business License or BOI incentive program which are both more complex and take a longer time to process.

The most common incorporation is the Thai private limited company. To form this type of company, there must be at least 3 shareholders and the company must be registered as a juristic person. As the name implies, the shareholders’ liabilities are “limited” meaning the shareholders are only liable for the unpaid amount of the shares registered. Hence, this type of company has advantages in terms of establishing credibility and fundraising compared to other types of incorporation.

Here are the steps to register a private limited company in Thailand.

Step 1: Reserve the Company Name

The first step is to reserve a company name that must be distinct from other companies registered in the system. The promoters (founders) can reserve up to 3 alternative names in which the most appropriate name based on the regulation will be considered and approved by the registrar. The promoters can either submit the name reservation form at the Department of Business Development (DBD) or reserve online via DBD’s website (https://www.dbd.go.th/dbdweb_en/).

The approval process can take up to 1-3 business days. Once approved, the reserved name is only valid for 30 days without extension. 

Step 2: File a Memorandum of Association (MOA)

The Memorandum of Association declares the intention of the promoters to form a company and must include the following information:

Approved company name

Location of headquarter (the province where the headquarter is located)

Objectives of the company 

Capital to be registered, number of shares, and their par value

Name, address, age, occupation, and number of shares of each of the 3 shareholders

Name, address, and age of 2 witnesses

The fee for MOA registration is 50 Baht per 100,000 Baht of registered capital with a minimum fee of 500 Baht and a maximum fee of 25,000 Baht. 

Step 3: Organize a Statutory Meeting and Purchasing of Shares

The Statutory Meeting is called to determine the following:

Approval of the Articles of Association (company’s regulations)

Appointment of the company’s Board of Directors and the fixing of their authorities

Appointment of an auditor to audit and certify the company’s financial statements

Approval of the amount to be paid to the promoters, if any

Arrangement of the number of ordinary shares and preference shares (if any) to be allocated as fully or partly paid-up and the amount to be considered as paid-up

The shareholders and promoters can be different persons and each shareholder must hold at least 1 share. The number of shares is unlimited; however, each share must be of equal value and worth at least 5 Baht per share. Once the share structure is defined, the share certificates must be issued under the shareholders’ names.

After the meeting is held with the majority of the voters supporting the resolutions, the promoters must transfer all business to the appointed Directors. The Directors shall then call for at least 25% of the share value to be paid up. 

Step 4: Company Registration

Within 3 months after the Statutory Meeting, the application for the company registration must be submitted to the DBD Office. 

For a private limited company, the registration fee is 500 Baht per 100,000 Baht of registered capital with a minimum fee of 5,000 Baht and a maximum fee of 250,000 Baht.

Once registered, the company registration certificate and the company affidavit will be issued. These certificates prove the company’s status as a registered juristic person under Thai law and can perform activities according to the objectives submitted. 

Step 5: Tax Registration

The company can simply use the juristic person registration number issued by DBD as its Tax ID. In terms of VAT, the registration is only compulsory once the company’s turnover exceeds 1.8 million Baht and shall be registered within 30 days from the date the threshold is surpassed. 

Important Points to Note

In case there is a foreign shareholder or a foreign authorized Director, all of the Thai shareholders shall submit at least one of these documents:

Bank statements or copies of bank books disclosing at least 6 months of transactions

Letters issued by the bank certifying the financial status of the shareholders

Copies of the evidence of the source of funds

In case the registered capital is over 5 million Baht, an additional document issued by the bank is required to certify that the company’s Director has received the paid-up capital. 

To prove the existence of the headquarter, the registration documents must also include a map, copy of house registration, permission from the owner to use the location (if the owner is a juristic person, there must also be a copy of the company affidavit and a copy of the authorized Director’s ID.)

For a company that plans to apply for work permits for its employees, the minimum registered capital would be 2 million Baht per one foreign employee.

To save time and lessen your worry, we are here to assist you in every step. Contact us for more information. 

The post Steps for Company Registration in Thailand first appeared on Thailand Law by Siam Legal. from Thailand Law by Siam Legal https://www.siam-legal.com/thailand-law/steps-for-company-registration-in-thailand-2/ via Siam Legal International

#Corporate Law #Property Law #Family Law #Civil and Criminal Law

[siam-legal]

Thailand’s Cannabis Regulation in 2022

“Cannabis” is recognized by many health professionals and the locals in Thailand as a medicinal plant with a high potential for therapeutic use and has a long history in the Thai traditional medicine practice. However, the enactment of the Narcotics Act in 1979 classified cannabis as a type of narcotic plant, and hence, its usage was prohibited by law. 

In 2019, the Thai government began to unlock certain regulations allowing cannabis to be used for health and medical purposes under restrictions. Thailand is the first amongst its neighboring countries in Southeast Asia where the government promotes and legalizes the medical usage of cannabis. The main objectives are for people to safely utilize medical-related cannabis inventions and to reduce illegal cultivation and commercialization of the plant. It is expected to also help boost the Thai economy. Though, this idea stirred a debate within Thailand’s somewhat conservative society. 

While the amended Narcotics Act in 2019 legalized the usage of cannabis and hemp in the medical space and for research and development purposes to a certain extent, both types of plants were listed under category 5 of narcotic substances, meaning, many limitations are still in place. 

The removal of particular parts of cannabis from the controlled narcotic

On December 13, 2020, a Government Gazette was published stating that specific parts of cannabis and extracts were delisted from category 5 of the Narcotics Act. 

These include:

Fiber, stalk, stem, root, bark

Leaf (without flowers and inflorescence)

Extracts with cannabidiol (CBD) as an ingredient with tetrahydrocannabinol (THC) not exceeding 0.2% of the weight

Residue or waste from cannabis extract with tetrahydrocannabinol (THC) not exceeding 0.2% of the weight

Parts and extracts of hemp as well as other derivatives were also released from the controlled list.

Despite this progress and effort by the Health Ministry, the usage of cannabis was not prevalent due to complex legal barriers and the fact that not all parts of the plant can be used or commercialized legally.

Licenses to produce, import, export, dispose or possess cannabis

The Government Gazette’s publication on November 26, 2021, declared the regulation on requesting for the license to produce, import, export, dispose or possess narcotic substance category 5, particularly “cannabis”. 

Those eligible to request for the grant of license according to the ministerial regulation are as follow:

In case an applicant is an individual, the applicant must:

Hold a Thai citizenship

Not be less than 20 years of age

Have a resident in Thailand

Not be a person of unsound mind, incompetent or quasi-incompetent

Not be bankrupt

Not be a person whose license issued under the narcotic law, or the psychotropic substances law is being suspended or revoked

Not be sentenced by final judgment as being guilty of an offense under narcotic law, psychotropic substances law, prevention of volatile substance abuse law, or the law on measures for the suppression of offenders in an offense related to narcotics

In case an applicant is a juristic person, the applicant must:

Be registered under Thai law

Possess the qualifications under 1) f. and g.

Have a representative or a person with authority to act on behalf of the juristic person with qualifications under 1)

Directors, shareholders, or at least two-thirds of the shareholders must be persons of Thai nationality

Have an office in Thailand

In case an applicant is a community enterprise that is not a juristic person, the representative authorized to undertake the activities must possess qualifications under 1.

In case an applicant is a state agency, the agency’s objectives must be related to the production, import, export, disposition, or possession of cannabis according to its missions stated in this ministerial regulation. 

This implies that foreigners are not yet allowed to produce, import, export, dispose or possess cannabis in Thailand. In line with the amended Narcotics Act published in 2019, only Thai citizens or juristic persons under Thai law will be able to participate in these activities for the first 5 years after the enforcement of the Act in February 2019. 

The complete legalization of cannabis in 2022

On December 11, 2021, Public Health Minister Anutin Charnvirakul announced in the launching event of cannabis model city in Nakorn Phanom province that ‘all parts’ of the cannabis are no longer listed under narcotic substance based on the new Narcotics Code, effective December 9, 2021.

Anutin addressed the Health Ministry’s policy to promote the use of medicinal herbs consisting of cannabis, hemp, and Kratom by appointing the Department of Thai Traditional and Complementary Medicine to invent new policies to increase cannabis product value and create more jobs for people growing the herb and more income for manufacturers. This will allow Thai people better access to the products with more options to receive medical treatment. The push for this policy paved the way for hospitals and clinics all over the country to offer complimentary treatments using cannabis. In the meantime, the Health Ministry is researching and innovating new health-related products by making use of these medicinal herbs that will help improve the health of Thai people. 

The Health Ministry has been urging related parties to legally facilitate the usage and commercialization of cannabis and hemp by removing the herbs from category 5 of controlled narcotics. This implies that all parts of cannabis including root, stem, stalk, leaf, flower bud, inflorescence, and seeds will no longer be listed as narcotic substances. Only cannabis extract with THC over 0.2% will remain on the list. In addition, the process to request a license to grow the plant will be simplified which will benefit farmers or community enterprises who are interested in this business to generate more income. 

As for the next step, the Health Ministry will officially announce the new list of controlled narcotics and other related regulations. As a result, products made of cannabis oil or extracts, such as soap, cosmetics, and supplements with THC lower than 0.2% can be used at will.

The cannabis regulation in Thailand has come a long way, but it is still evolving with new measures to be declared and specifics to be clarified. For those interested in entering Thailand’s cannabis business scene, it is recommended to keep abreast with new developments and seek legal advice for professional guidance through the complexities of the regulation. 

The post Thailand's Cannabis Regulation in 2022 first appeared on Thailand Law by Siam Legal.

from Thailand Law by Siam Legal https://www.siam-legal.com/thailand-law/thailands-cannabis-regulation-in-2022/ via Siam Legal International

#Corporate Law #Property Law #Family Law #Civil and Criminal Law

[siam-legal]

How to Apply for Board of Investment in Thailand

The Kingdom of Thailand, the 2nd largest economy in South East Asia, standing at the heart of the ASEAN economic community. Also known as the “Gateway of Asia” due to its strategic location having millions of consumers, having excellent connections from other fast-growing countries, which is the reason it attracts investors all over the world.

It attracts investors not just because of the advantage gained in the location itself but because of what other numerous ranges of benefits Thailand offers to foreign investors to make it one of the most attractive investment destinations through the successful strategy brought by the Board of Investment (BOI) Thailand, established in the year 1997.

BOI Thailand

It is established by the Thai government with the goal to encourage, both local and foreign investors who are willing and interested in investing, to invest in the country’s promoted activities. Giving them the chance to take advantage of the benefits or privileges it offers; this includes the ability to own land (which is said to be impossible in the Kingdom).

On the other hand, the country will also benefit from their trust in BOI by: (1) Widening promotion of investment opportunities in the country. (2) Bringing innovation and advancement of technology in the country. (3) Decentralizing and increasing economic growth in the country. 

For those who are eyeing applying their businesses to become a BOI company, you are in for a treat. 

BOI Privileges

Knowing that one can own land even when you are a foreigner in Thailand is already a breakthrough. It was said to be impossible by many. But owning land is not the only privilege you will get when you own a BOI-promoted company. What else are there? Well, you will have the privilege of having Tax and Non-Tax incentives.

Thailand BOI Tax Incentives

A 50 % reduction of the corporate income tax 

Exemption/reduction of import duties on machinery

Reduction of import duties for raw or essential materials

Exemption of import duties on materials imported for R&D purposes

Double deduction from the costs of transportation, electricity, and water supply 

Additional 25 percent deduction of the cost of installation or construction of facilities 

Exemption of import duty on raw or essential materials imported for use in production for export

Exemption of corporate income tax on the net profit and dividends derived from the promoted activity

Thailand BOI Non- Tax Incentives

Permit to own land 

Permit to take out or remit money abroad in foreign currency

Permit for foreign nationals to enter the Kingdom for the purpose of studying investment opportunities.

Permit to bring into the Kingdom skilled workers and experts to work in investment promoted activities

One more thing is the fact that you get to own the company 100% when you are an owner of a BOI company. Unlike the normal way of owning or registering of business in Thailand, you only get 49% of the business, and 51% is owned by Thai Nationals.

How to Apply for Board of Investment in Thailand

Did the privileges of becoming a BOI company interest you? If you do decide to apply, here are the steps that you will have to go through:

Feasibility Study of Company (Preparation of Business Plan and Project Plan)

Before all the processing of the application. One must prepare for the idea of your business. Prepare your identity, name, vision, mission, and prepare what kind of business you are going to own.  After laying all that out, one must identify what to offer in the business, either products or services. Also, prepare for how you are going to make it work in Thailand. How would your business become successful? Would it be successful in Thailand?

Think in advance, and organize your ideas. Also, check if your idea of a business or company is included in the eligible business activities for BOI promotion in Thailand.

Submitting of Application and Presentation

If the company is feasible, lawyers will prepare the forms for you to fill and prepare documents based on the business and project plan, documents include the feedback of the feasibility study They will be the ones to submit the application form and they will schedule a date for the presentation of your business and project plan at BOI.

Be ready for the presentation, this will be the part where the officials will judge whether your plan business is approved or not. Impress and state your intention clearly.

BOI Approval and Acceptance of Terms

If the business plan is approved, which will be received after 7 working days of the presentation, they will send you the conditions, privileges, and benefits that will be granted by the officials to your business. Upon receiving the official approval, the applicant will fill out the promotion acceptance and submit or send it back to BOI within 30 days.

If failed to submit within 30 days, one is required to send a letter of clarification of why you have not submitted the form on time. It can be extended for 30 days.

BOI Company Registration

For the applicant to receive the BOI investment promotion certificate, the applicant shall start setting up his company in the country within 6 months after receiving the BOI approval. And at the same time, it is important to submit the documents listed below to the office of BOI:

Application form for BOI promotion certificate

Shareholder list

Franchise Agreement

Memorandum of association

Certificate of company registration

Form outlining human resource requirements

Evidence of the transfer of funds from overseas, or an investment certificate issued by the Bank of Thailand 

A JV contract (Licensing or Franchise Agreement, Technical Assistance Contract, Technology Transfer Contract)

Certificate stating the registered capital, authorized directors indicating signing authority, and the registered address

If these forms and documents are not submitted on time, they will have to send an explanatory letter or letter of explanation of why the deadline is not met to which there will be a possibility for an extension of the deadline.

BOI Work Permits and Visa

Before applicants can hire foreign directors and employees. They are required to register in the e-expert system. It will allow companies to request for approval of employees that they are to let in their company.

Once approved, the applicant can work on the application for visa and work permit of the said directors and employees through BOI One-Stop Service Centre (OSOS).

BOI Compliance and Reporting

After the issuance of the BOI investment promotion certificate. There are conditions that the company must comply with, and they are required to report the updates to BOI. Below are the following conditions that the company must comply with:

To take advantage of the lower taxes and customs, the machinery and equipment must be imported. (Within 30 mos.)

The factory’s construction must be finished, the machinery and equipment installed, and the plant must be ready to operate. (Within 36 mos.)

If the operation needs be paused for more than two months, the corporation must seek approval from the OBOI.

Before a promoted firm can mortgage, sell, lease, or transfer machinery that was imported either tax-free or at a reduced rate, the OBOI must issue formal clearance, written permission. Permission to utilize machinery for non-approved uses must also be secured.

If the conditions are not met by the company, there will be a possibility that the BOI promotion will be revoked if no explanations can be given to the OBOI.

BOI Accounting

There are strict rules that a BOI company must follow, especially in accounting and reporting protocols. Other than the basic reporting of SSF, VAT, WHT, and auditing. Depending on their type of category of promotion, they are required to follow specific requirements and conditions. Revenue Department and BOI inspectors will monitor them.

It is highly suggested that one must seek help from experienced corporate lawyers in processing the BOI application. It is undoubtingly a long process; it takes a lot of patience and care for this to be achieved without any issues. With the help of experienced professionals, they can guide you on what is to be done and let you know what are the rules to be followed in the process. By trusting professionals, it will be easier for you.

You can also check the BOI Thailand Frequently Asked Questions page.

Contact Us

Send a message directly to our Corporate Lawyer

Your Name: (*)

Email: (*)

Phone: (*):

Your Nationality: AustraliaCanadaGermanyUnited KingdomUnited States___________________AfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntigua & BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBonaireBosnia & HerzegovinaBotswanaBrazilBritish Indian Ocean TerBruneiBulgariaBurkina FasoBurundiCambodiaCameroonCanadaCanary IslandsCape VerdeCayman IslandsCentral African RepublicChadChannel IslandsChileChinaChristmas IslandCocos IslandColombiaComorosCongoCook IslandsCosta RicaCote DIvoireCroatiaCubaCuracaoCyprusCzech RepublicDenmarkDjiboutiDominicaDominican RepublicEast TimorEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEthiopiaFalkland IslandsFaroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerGabonGambiaGeorgiaGermanyGhanaGibraltarGreat BritainGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuineaGuyanaHaitiHawaiiHondurasHong KongHungaryIcelandIndonesiaIndiaIranIraqIrelandIsle of ManIsraelItalyJamaicaJapanJordanKazakhstanKenyaKiribatiKorea NorthKorea SouthKuwaitKyrgyzstanLaosLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacauMacedoniaMadagascarMalaysiaMalawiMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMidway IslandsMoldovaMonacoMongoliaMontserratMoroccoMozambiqueMyanmarNambiaNauruNepalNetherland AntillesNetherlands (Holland, Europe)NevisNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorwayOmanPakistanPalau IslandPalestinePanamaPapua New GuineaParaguayPeruPhilippinesPitcairn IslandPolandPortugalPuerto RicoQatarRepublic of MontenegroRepublic of SerbiaReunionRomaniaRussiaRwandaSt BarthelemySt EustatiusSt HelenaSt Kitts-NevisSt LuciaSt MaartenSt Pierre & MiquelonSt Vincent & GrenadinesSaipanSamoaSamoa AmericanSan MarinoSao Tome & PrincipeSaudi ArabiaSenegalSeychellesSierra LeoneSingaporeSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSpainSri LankaSudanSurinameSwazilandSwedenSwitzerlandSyriaTahitiTaiwanTajikistanTanzaniaThailandTogoTokelauTongaTrinidad & TobagoTunisiaTurkeyTurkmenistanTurks & Caicos IsTuvaluUgandaUnited KingdomUkraineUnited Arab EmiratesUnited StatesUruguayUzbekistanVanuatuVatican City StateVenezuelaVietnamVirgin Islands (Brit)Virgin Islands (USA)Wake IslandWallis & Futana IsYemenZaireZambiaZimbabwe

Your Current Location: ThailandAustraliaCanadaGermanyUnited KingdomUnited States___________________AfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntigua & BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBonaireBosnia & HerzegovinaBotswanaBrazilBritish Indian Ocean TerBruneiBulgariaBurkina FasoBurundiCambodiaCameroonCanadaCanary IslandsCape VerdeCayman IslandsCentral African RepublicChadChannel IslandsChileChinaChristmas IslandCocos IslandColombiaComorosCongoCook IslandsCosta RicaCote DIvoireCroatiaCubaCuracaoCyprusCzech RepublicDenmarkDjiboutiDominicaDominican RepublicEast TimorEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEthiopiaFalkland IslandsFaroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerGabonGambiaGeorgiaGermanyGhanaGibraltarGreat BritainGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuineaGuyanaHaitiHawaiiHondurasHong KongHungaryIcelandIndonesiaIndiaIranIraqIrelandIsle of ManIsraelItalyJamaicaJapanJordanKazakhstanKenyaKiribatiKorea NorthKorea SouthKuwaitKyrgyzstanLaosLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacauMacedoniaMadagascarMalaysiaMalawiMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMidway IslandsMoldovaMonacoMongoliaMontserratMoroccoMozambiqueMyanmarNambiaNauruNepalNetherland AntillesNetherlands (Holland, Europe)NevisNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorwayOmanPakistanPalau IslandPalestinePanamaPapua New GuineaParaguayPeruPhilippinesPitcairn IslandPolandPortugalPuerto RicoQatarRepublic of MontenegroRepublic of SerbiaReunionRomaniaRussiaRwandaSt BarthelemySt EustatiusSt HelenaSt Kitts-NevisSt LuciaSt MaartenSt Pierre & MiquelonSt Vincent & GrenadinesSaipanSamoaSamoa AmericanSan MarinoSao Tome & PrincipeSaudi ArabiaSenegalSeychellesSierra LeoneSingaporeSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSpainSri LankaSudanSurinameSwazilandSwedenSwitzerlandSyriaTahitiTaiwanTajikistanTanzaniaThailandTogoTokelauTongaTrinidad & TobagoTunisiaTurkeyTurkmenistanTurks & Caicos IsTuvaluUgandaUnited KingdomUkraineUnited Arab EmiratesUnited StatesUruguayUzbekistanVanuatuVatican City StateVenezuelaVietnamVirgin Islands (Brit)Virgin Islands (USA)Wake IslandWallis & Futana IsYemenZaireZambiaZimbabwe

Tell us more about your inquiry

Your question: (*)

Prove your not a robot (*)

Refresh

By submitting this form, you accepted and agreed on our Privacy Policy and Terms.

Send My Inquiry

 The post How to Apply for Board of Investment in Thailand first appeared on Thailand Law by Siam Legal.

from Thailand Law by Siam Legal https://www.siam-legal.com/thailand-law/how-to-apply-for-board-of-investment-in-thailand/ via Siam Legal International

#Corporate Law #Property Law #Family Law #Civil and Criminal Law

[siam-legal]

The Thailand Civil Partnership Bill

The Second in Southeast Asia

In July last year, the Thai Cabinet approved the Civil Partnership Bill, which was proposed by the Ministry of Justice to allow same-sex couples to register their partnership. The bill has been submitted to the House of Representatives Coordination Committee for consideration and approval before it will be forwarded to the Parliament for ratification. If the Parliament ratified it, Thailand would be the second country in conservative Southeast Asia to allow such partnerships. Taiwan was the first to legalize it in the region last year.

What this Bill is About

It allows same-sex couples to register their relationship and introduces amendments to the Civil and Commercial Code that will give them the same rights and privileges as straight couples. It will install the legal rights of all individuals of all gender orientations at an equal level. It defines civil partners as a consenting pair of the same sex who can opt for marriage registration if they are 17 years old or older and at least one of whom is a Thai national. Those younger require permission from their parents, legal guardian, or the court. As a couple, they may adopt children, secure inheritance, and engage in the joint management of assets, such as property. The bill also includes rules on separations.

The Bill also states that, in case of death, the surviving partner may inherit, as traditionally married couples can, under the amended Code. Upon registration, couples below 17 will be considered adults. Either partner can also act on behalf of the other as though they were a validly and traditionally married heterosexual pair. Neither of them, however, may get married if they have registered as civil partners. In addition, either may file a divorce suit against the partner who treats someone else as a civil partner.

The Bill is not only considered a milestone in Thailand but also a social reinforcement to families of individuals with different gender orientations. The amendment is also viewed as appropriate in aligning with overall current social circumstances in the world. The Justice Ministry as the proponent of the Bill will take full note of the effectiveness and challenges the Bill may face. It will make necessary adjustments to it when called for in ensuring that the amendments are cohering with those that are already in force.

Evolution of Civil Partnership Bill

The call for an acquiescent attitude towards the growing and more vocal gay community and the campaign for LGBTQ tourism inevitably led to the concept of this Civil Partnership Bill. A bill that would recognize their partnerships developed in 2018 but the legislature was not able to pass it on time before the elections last year. Developments in the region reinforced the original concept when Taiwan legalized same-sex marriage last year. Same-sex weddings have been decriminalized in Vietnam but are still not recognized as valid or legal unions. Under this new Thai bill, same-sex unions are similarly allowed but not recognized as marriages between opposite-sex couples.

The Thailand Civil Partnership Bill Process

Procedural and legislative requirements, however, need to be complied with before a bill can pass into law. A public hearing must first be conducted and then the House of Representatives will have to debate and vote on it. If the House approves, it should proceed to the Senate for consideration, approval, or revisions. This series of acts can take months to complete.

Tolerant but Still Traditionalistic

The bill is not equivalent to allowing or endorsing same-sex marriage. Thailand may appear to be more open to gay and transgender individuals and relationships than other Southeast Asian countries but that is really a misconception. While it has anti-gender discrimination laws, many LGBTQ individuals still experience prejudice or outright violence. Many or most of them find work only in the entertainment sector. If they work in other sectors or industries, they are compelled to keep their gender preference secret. This is because Thailand, like Southeast Asian neighbors, is conservative when it comes to sexuality and sexual relationships. It still inherently upholds traditional family values and deviations lead to stigma. A deputy spokesperson for the government said that the bill is nonetheless a “milestone” towards the state goal of promoting gender equality.

Challenges

The intended beneficiaries of the new Bill are not all rejoicing over it. Some of them say that it is not really a milestone as it actually is an impediment to marriage. This was the statement of the Secretary-General of Free Youth, a progressive organization of young gays. The first transgender member of Parliament and representative of the Move Forward Party commented that partner benefits, such as tax exemptions, social security benefits, and medical rights are not provided by the Bill. Some of them also object to the assigning of different terms for couples, whether traditional or non-traditional. This has led the Move Forward Party to campaign for the amending of Thai marriage laws into changing terms like “husband and wife” into the non-discriminating “married partners,” that would make gender choices truly inclusive. They described the Bill as simply another and only a disguised form of discrimination. They asserted that they did not want anything special-sounding and demanded to be treated just like anyone else.

They have also started expressing their criticism in social media through the hashtag “No to the Civil Partnership Bill” as not equivalent to marriage. They added that it does not really ensure the same rights as those of opposite-sex marriages nor recognize the engagement of same-sex partners. Responding to these objections, a Thai lawmaker who represents the gay community is working on a bill that will redefine marriage as simply the union between two persons.

A Move in the Right Direction

Despite the initial reactions of discontent among its targeted beneficiaries, the Bill is viewed for its merits and eventual advantages to the LGBTQ community. The civil partnership provides for the legal registration of unions, which is a definite boon to the community and a sign of recognition of their rights. Authorities, in general, believe that if the bill is passed and becomes a law, it would satisfactorily relieve the social pains experienced by the community and provide the needed support sought by LGBTQ people.

If you have questions related to this topic, feel free to contact us. Our family lawyer will be happy to answer your queries or concerns.

The post The Thailand Civil Partnership Bill first appeared on Thailand Law by Siam Legal.

from Thailand Law by Siam Legal https://www.siam-legal.com/thailand-law/the-thailand-civil-partnership-bill/ via Siam Legal International

#Corporate Law #Property Law #Family Law #Civil and Criminal Law

[siam-legal]

Foreign Business: Wholesale and Retail Minimum Capital Requirements

The Foreign Business Act of 1999 restricts both wholesale and retail businesses from foreign investment, with exceptions depending on the amount of minimum capital. However, the conditions under which a foreign business may engage in either is not exactly the same and furthermore the issue is complicated by other minimum capital requirements in the Act. The Act itself does not define the exact difference between wholesale and retail. However, in an advisory opinion published on July 2015, the DBD addressed the issue.

The sale of a product which the foreign business did not produce by itself through a sales agent whereby the sales agent will receive a commission according to an agreement falls within the category of “retail business” according to Annex Three (14). Legally, this situation would be considered the sale of goods directly to the consumer whereby the use of a sales agent is one possible channel of retail.

The sale of a product which the foreign business did not produce through a distributor falls within the category of “wholesale” according to Annex Three (15).

Where the foreign business hires another firm to produce advertising for the products and pays service fees whereby the value of the products equals the service fees, such an activity is not considered the conduct of business according to the Foreign Business Act and does not require a Foreign Business License.

The export of a product for distribution overseas does not fall within any restricted category annexed to the Foreign Business Act and a foreign business engaging such activity does not require a Foreign Business License. However, Section 14, paragraph one applies and requires that a foreign company have a minimum capital of at least 2 million baht for the start of business operations in Thailand.

In the event that a foreign business has a majority foreign ownership and wishes to engage in a business defined as either “retail” or “wholesale” above, such a business is required to apply for a Foreign Business License, which must be issued by the Director-General of the Department of Business Development, with approval from the Foreign Business Committee. However, the exception is if the minimum capital, (this refers to shares that have been paid-in by the shareholders already) for either the retail or wholesale business is at least 100 million baht (for each business). As for the retail business, a minimum capital of 100 million baht allows for up to five shops, while for the wholesale business it allows for up to only one. Furthermore, the aforementioned amount of registered capital is to be allocated for either the wholesale or retail business only, and cannot be counted towards the registered capital of the company as specified by the Foreign Business Act or other laws.

Foreign business restrictions in Thailand are complex. Foreign investors interested in Thailand are advised to consult with competent Thailand lawyers.

 The post Foreign Business: Wholesale and Retail Minimum Capital Requirements first appeared on Thailand Law by Siam Legal.

from Thailand Law by Siam Legal https://www.siam-legal.com/thailand-law/foreign-business-wholesale-and-retail-minimum-capital-requirements/ via Siam Legal International

#Corporate Law #Property Law #Family Law #Civil and Criminal Law

[siam-legal]

Thailand Relaxes Foreign Trading and Exchange Regulations

The unprecedented and alarming imbalance between the Thai baht and foreign currencies forced the Ministry of Finance and the Bank of Thailand to ease the rules on capital outflows. This was to reduce the pressure on the Thai baht and the adaptive regulations were to become effective in November last year. The easing of the rules will also be to facilitate the restoration of export gains, the country’s investment on foreign securities, outgoing transfers, and gold trading settlements in foreign currencies. Conversely, the range of acceptable additional documentation and verification for submission to commercial banks will be raised or increased from $50,000 to 200,000. The purpose is to expedite foreign exchange negotiations and make outgoing transfers easier, especially for businesses and businessmen.

Reforms

These have been noted at the Bank of Thailand in foreign exchange transactions since the effectivity of the new regulations last month, not last November. This was the result of the collaboration of the Bank of Thailand with the Chamber of Commerce, Thai commercial banks, foreign exchange enterprises and related entities in the review of as many as 80 rules, regulations and laws covering foreign exchange. The goal was to make business negotiations easier and faster while trimming transaction costs down. Now operational are rules, including the increase in the range of documents acceptable for submission online to commercial banks and these banks grant loans to businesses in Thai currency in proximate countries. These countries must be investors in infrastructure or other profitable industries to Thailand. Payments for goods and services may now also be made through international transfer networks and not only through banks as was customary. Leaders of other industries, particularly tourism and hospitality, have long clamored for legislation to prevent the increasing devaluation of the baht as it is turning tourists away. The currency fell from $32.96 to only $30.13 before the end of last year.

Other forthcoming reform policies include waiving the submission of financial statements before investing using foreign money and providing extraneous or detailed information in prescribed forms. Foreign exchange traders may also soon transact in foreign currencies using electronic means.

Relaxations of Foreign Trading and Exchange Regulations

The two-fold rationale of these liberalized regulations is to allow exporters to retain their revenues in foreign currencies outside Thailand for investing in foreign securities without need for Thai intermediaries, and make fund transfers in foreign currency easier. These relaxations are in the form of:

Repatriation of Foreign Exports Proceeds

Return of exporters’ foreign proceeds at less than $200,000 per bill of lading without time limit. Records show that 2018 bill of lading at that range of amounts had an export value of more than $100 billion, which was over half of all of Thai exports;

Exporters’ proceeds at more than $200,000 may use their revenues to replace foreign currency expenditures without the need to retrieve funds. They only need to register with the BOT and submit the documents required by commercial banks. BOT approval will not be necessary; and

Rules covering foreign currency deposits at onshore banks will be reorganized to make foreign currency management more flexible.

Thai authorities believe that these measures will reduce the costs of international fund transfers and control risks involved in foreign risks more effectively. BOT has also been coordinating with the Minister of Finance to increase the extent of export revenues that will not need to be repatriated to $1 billion per bill of lading within the three succeeding months.

Foreign Securities Investment

These relaxations will enable retail investors to invest as much as $200,000 a year in foreign securities without the need to do so through a Thai intermediary institution. In the past, they needed to comply with asset ownership criteria to make direct investments.

The Thai Securities and Exchange Commission will increase the overall investment limit for investors it regulates at $150 billion. This is believed to hasten the growing demand for foreign portfolio investment. The new measure will also enable investors to keep the assigned investment limit for a longer duration. This will, in turn, make investment planning and management more efficient.

Outgoing Fund Transfers

Those included in a positive list will be allowed a broader range of transfers. In the negative list are those with pending FX THB negotiations with foreign financial institutions.

Those investors who intend to move their business out of Thailand or send funds to relatives will not encounter limits. Those who wish to buy real property outside Thailand are limited to$50 million a year as it was in the past. But at present, the property title can be registered in the name of a family member. This relaxation measure is believed to encourage and enhance more migration and more children sent to study abroad.

Documentation will no longer be required for filing with commercial banks when transferring less than $200,000.

Gold trading settlements in foreign currency

These relaxations will allow Thai investors to do this with BOT-approved gold trading companies. In the past, this was possible only in the local Thai currency, the baht. But the change to relaxations will be to ease the pressure on the baht in gold negotiations. Investors will now be able to retain their foreign currency revenues from gold transactions in their foreign currency accounts without the need to convert their foreign currency into Thai baht in order to make future purchases.

Thai authorities believe that this particular relaxation will provide more options to investors (BOT, 2019). At the same time, the BOT is getting ready to approve trading in gold futures in foreign currencies in the succeeding phase of these relaxations.

Expected Changes: Qualified Investors

Before the introduction of the new regulations, only 11 types of investors were allowed to use foreign instruments directly. They were most institutional investors, high-net worth investors, and qualified investors or QI. QI are natural persons or entities with investments or deposits worth Thai baht 50 or more million. The expanded regulations will make QIs eligible to invest in a host of other transactions. These include OTC derivatives, universal life insurance, unit-linked life policies, and endowment life insurance. The new regulations will also waive or eliminate the restrictions previously imposed on countries where these QI may invest in.

 The post Thailand Relaxes Foreign Trading and Exchange Regulations first appeared on Thailand Law by Siam Legal. from Thailand Law by Siam Legal https://www.siam-legal.com/thailand-law/thailand-relaxes-foreign-trading-and-exchange-regulations/ via Siam Legal International

#Corporate Law #Property Law #Family Law #Civil and Criminal Law

[siam-legal]

Thailand Promotes Major Infrastructure Projects for 2021

In a recent foreign press conference, Deputy Secretary-General Kobsak Pootrakool and Secretary of Thailand’s Council of Economic Ministers said that the kingdom’s economic growth in the next five years would be based on and derived from its present and substantial infrastructure investment. He pointed to present global economic recurring downtrends and geopolitical and commercial unrests as visibly affecting Thailand’s economic growth in less than five years He, however, expressed confidence that the foundations for sustaining the economy and containing the negative impact of fluctuations had been set up in order. His confidence rested on policies that would buffer the local economy, small and medium businesses, agriculture, and competitive capabilities of exports and tourism. These further included expediting public disbursement and conducting private investment.

Specifically, in infrastructure, the government’s major projects would approve up to 2,000 kilometers of double track trains, a high-speed railroad connected to three airports, a bigger airport capacity, and the massive expansion of the transportation system. In all other sectors, the Deputy Secretary-General said that this would be the best time for businesses to invest in the kingdom.

Joint Ventures with EEC

Signed in May last year, this cooperative measure covers four infrastructure projects earlier mentioned and has the potential of transforming Thailand into a foremost commercial Asian center. The meeting between the EEC Policy Committee and Prime Minister General Prayut Chan-o-cha concluded with this prospect.

The High-Speed Rail Linking Three Airports – The Committee approved the proposal submitted by the Charoen Pokphand Holdings or CPH in late January last year. The State Railway of Thailand prepared the joint venture agreement for the Attorney-General and the EEC and which was forwarded to the Cabinet. The agreement was signed in May last year.

The U-Tapao Airport and Eastern Aviation City Development Project – as part of its overall plan for the Eastern Airport City, the Thai government hopes that this international airport would attract investors to the kingdom. Industry Minister Uttama Savanayana considered this project a key element of Thailand’s Eastern Economic Corridor or EEC. The facilities cover 570 rai.

The Map Ta Phut Industrial Port Development Project – Phase 23 is a joint venture between the Gulf and PTT Tank of the private sector. This industrial port is high-capacity and replete with a broad range of facilities and services for its patrons. It is also strategically located for their convenience. At present, this structure is the largest of its kind in Thailand. Multi-racial guests can be sure to receive equal treatment and provision of world-class services and facilities. This industrial port is considered Thailand’s “golden gateway” that shows the world how extensively Thailand has industrialized.

The Thai government is confident that these four ambitious projects would entice large cash flows into the kingdom. The transport project, in particular, promises to provide the much-needed and long-dreamed links to all sectors. Moreover, the government views all four infrastructure projects to transform Thailand into an investors’ commercial hub in Asia.

The EEC, the Infrastructure Projects and Thailand’s Growth

The Thai government passed the law for trade and investment development in creating the Eastern Economic Corridor or EEC on February 1, 2018. It is also now called the Eastern Special Economic Development Zone. Such a move was to induce the development of its eastern provinces into bustling major economic locations. The EEC covers Thailand’s Eastern provinces of Chonburi, Rayong, and Chachoengsao off the gulf. The zone has a total land area of 13,285 square kilometers that the government intends to completely develop by next year. The goal is to transform them into a center for technological manufacturing and services. It is envisioned to link with neighboring ASEANs by all transport means of air, sea, and land. The Board of Investment reported that, as of January 1, 2018, the Corridor had earned US9.3 billion in committed foreign direct investments or FDIs.

The bold expectation is an income of 43 billion USD or 1.5 trillion Thai Baht in realizing these goals with EEC in the next three more years. The income is expected from state funds, public and private partnerships or PPPs, and FDIs. The four core areas the government finds necessary to promote the attractiveness of the EEC are:

More and better infrastructure

Centers for enterprise, industrial clusters, and innovations

Tourism, and

New cities created by sophisticated urban planning methods

Through the EEC, the Thai government foresees 100,000 new jobs in the manufacturing and service industries this present year alone.

Development Projects on the Drawing Board

The government listed 15 major investment projects for EEC, a few of which are follow-ups on already existing infrastructure projects discussed earlier. These are:

U-Tapao airport and aircraft maintenance

Development of the Sattahip commercial seaport

Further development of Laem Chabang por

Further development of Map Ta Phut port

Installation of double-track railways in and through the Eastern provinces

Expansion of present highways and motorways

Creation and introduction of new or next-generation automotives fueled by batteries and electricity

Creation and introduction of aviation, industry and lifestyle robotics as well as ingenious electronics

Introduction of advanced petrochemicals and bio-economics

Transformation of Eastern provinces into medical centers

Promotion of tourism in the Eastern provinces

Developing these Eastern provinces into global business centers

The creation of new cities to accommodate increased populations in the Eastern provinces with special attention on inclusive growth and efficient public utilities

The Thai government is also contemplating on building a digital park in Si Racha on the Chonburi coast as support for the development of the EEC’s innovations. It is aimed at complementing the digital connectivity, which is a high priority.

Clear Economic Diversification

These projects and further plans are clear steps of veering away from dependency on the country’s traditional garment and agriculture industries. Its zeal in expanding its urban centers is strongly indicated by efforts expended to develop advanced skills training for the workforce. The creation and operation of the first major infrastructure projects already signify the direction that Thailand is definitely taking. With these projects and overall local expansion, Thailand’s EEC zone is more and more assuring its transformation into a leading ASEAN investment and business core.

 The post Thailand Promotes Major Infrastructure Projects for 2021 first appeared on Thailand Law by Siam Legal. from Thailand Law by Siam Legal https://www.siam-legal.com/thailand-law/thailand-promotes-major-infrastructure-projects-for-2021/ via Siam Legal International

#Corporate Law #Property Law #Family Law #Civil and Criminal Law

[siam-legal]

Abortion in Thailand: A New Law Coming into Effect

The Law at Present

Article 301 of the current Criminal Code outlaws all abortions except when the pregnancy endangers the woman’s physical or mental health, she is less than 15 years old or a victim of rape, or when the unborn child is proven to possess serious deformities or disabilities. It imposes maximum imprisonment of three years and a fine of 60,000 baht on the woman. If the pregnancy is more than 12 weeks old, the maximum penalty is six months’ imprisonment and a fine of 10,000 baht.

The rigidity of present laws against abortion can be drawn from the Buddhist belief in the perceived sinfulness of murder committed by a mother on her unborn child and the association of abortion with promiscuity. Buddhism is the majority religion in Thailand and Buddhist principles teach believers to fear and shame in committing sins, such as those acts perceived to be involved in seeking and securing an abortion. She may first try to obtain a safe abortion from a doctor. But if he refuses out of fear of breaking the law, his professional ethics and personal conviction, the woman may feel compelled to take the risk of securing illegal abortion as her only alternative. In a recent report, the World Health Organization pointed to unsafe abortion as the cause of one in eight female deaths in Asia alone.

The Clamor for Change

Under the outgoing law, a woman could secure safe abortion of a pregnancy within the first trimester from a doctor who agrees to perform it. But the rise in unwanted pregnancies among teens and the lack of clarity in the law demanded a change in it. An amendment would endow health professionals with the means to perform a safe and lawful abortion with confidence and without fear of breaking the law. It would also give women greater control over both their problem pregnancy and life itself. No letup campaigns for the change in the law have been staged far and wide. Official health reports reveal that there were 35 teen pregnancies in every 1,000 girls aged 15 to 19 in 2018 alone.

The Response: a Law Amended

The Medical Council and the Royal College of Obstetricians and Gynecologists of Thailand, along with other leading authorities in reproductive health recommended the amendment. The Medical Council stated that pregnancies of no more than 12 weeks could be safely terminated without entailing risks on the mother. It also justified that a woman undergoing abortion is subjected to an experience painful enough to deserve the added threat and torment of criminal prosecution or punishment. The two health bodies also said that they had been applying this time frame of pregnancies in performing abortions but that it only needed to be formalized into law. The Cabinet heeded their stand and agreed to amend Articles 301 and 305 of the Criminal Code to allow women to secure safe abortions of up to 12 weeks of pregnancy. It will protect both the woman and the doctor from criminal prosecution.

The amendments need to first pass the Coordinating Committee of the House of Representatives and then sent as an urgent proposal to the Parliament. It is expected to take effect before February next year.

The new law will simply and clearly replace Article 301 of the Criminal Code, which forbids and penalizes abortion within the first 12 weeks of pregnancy. It will formalize the decision of the Constitutional Court rendered last February 19 on the existing abortion laws as unconstitutional in that they violate the rights of women to their own body and life. It also failed to render the man accountable for pressuring the woman to resort to and seek an illegal abortion. The preamble of the amendment recognizes the seriousness of the issue of abortion and the right of the unborn child to life. But neither does it overlook the rights of the woman and her liberties as the very vessel of the pregnancy and whose existence precedes that of the unborn child. Denying a woman of the choice to terminate a pregnancy would be an injustice and violate her fundamental right to her own body. She possesses that natural and fundamental right to dignity as a human being. As such, she is entitled and possesses the liberty to either perform or stop performing any action pertaining to her body and her life as long as her acts do not transgress the rights of another person.

The new law also reduces the penalty on illegal abortions, considering the physical and emotional trauma and suffering a woman incurs from the experience.

Amended Section 301 retains penalties but reduces them. The securing of abortion for pregnancy beyond 12 weeks can be penalized with existing maximum imprisonment of three years as compared to only six months under the new law. Fines are also reduced from 60,000 bahts to only 10,000 bahts. And amended Section 305 stipulates that a woman who secures an abortion within 12 weeks of pregnancy has no liability before the law under four conditions. One is when the pregnancy is a physical or psychological risk to her, Second is if the offspring has confirmed strong chances of developing a serious physical or mental disorder, disease, or disability. The third is if the pregnancy is the result of a rape. And fourth is if abortion is the only available option to the woman.

The Impact

The Planned Parenthood of Thailand hailed the new law as a definitely positive step towards the long-awaited recognition and promotion of women’s human rights. It expressed relief that couples who are not ready to have children need not resort to illegal means in ending an unwanted pregnancy.

The amendment also strengthens the reputation of Thailand as a progressive and open-minded culture in Southeast Asia where abortion laws are largely diverse. Abortion in Vietnam, Cambodia, and Singapore are available upon the mere request of the woman. Vietnamese women are also entitled to abortion free-of-charge. Malaysian women can obtain it if the pregnancy puts their physical or mental health at risk. And the laws of Indonesia, Myanmar, and Brunei provide similar reliefs to their women.

If you have a question related to Abortion in Thailand that is not addressed on this page, please feel free to contact us.

 The post Abortion in Thailand: A New Law Coming into Effect first appeared on Thailand Law by Siam Legal.

from Thailand Law by Siam Legal https://www.siam-legal.com/thailand-law/abortion-in-thailand-a-new-law-coming-into-effect/ via Siam Legal International

#Corporate Law #Property Law #Family Law #Civil and Criminal Law

[siam-legal]

Drug Offenses in Thailand

Around April 2005, the police became aware of a group of drug dealers operating in the parking lot of a shopping center in the Ramkhamhaeng area of Bangkok.

The police then set up a sting operation in which Defendants #1 and #2 were arrested after entering into a deal to unlawfully sell ecstasy pills to undercover police officers.

Both Defendants confessed to owning the pills and divulged that there were more pills hidden at the apartment of Defendant #2, which he shared with his girlfriend, Defendant #3. Defendant #1 would supply the pills through an unknown Singaporean man and would contact potential customers to buy the pills from Defendants #2 and 3 at their apartment.

During interrogation Defendant #2 led police to his apartment and performed a thorough search in which he revealed several bags of ecstasy hidden in the apartment, including a bag of marijuana as well as bottles of ketamine. Further, the police officers who arrested the defendants testified that upon arrest, Defendants #1 and 2 had testified that they both owned the pills in question.

However, during cross-examination from Defendant #1's attorney, one of the police officers testified that Defendant #2 confessed that he and Defendant #3 were the owners of the pills, which they received from Defendant #1. Furthermore, Defendant #1 did not reside at their apartment and there was no evidence that the pills were in his possession.

The Court gave little weight to the evidentiary value of Defendant #1's confession during arrest. The Court reversed the decision of the trial court in favor of Defendant #1 and reduced the sentence as to the charges of possession with intent to unlawfully distribute.

Offenses related to narcotics are serious offenses in Thailand and Southeast Asia in general. Anyone charged with a narcotics offense requires the assistance of competent legal counsel to litigate not only matters related to guilt or innocence, but also as to the severity of punishment if indeed one is found guilty; the Criminal Code as well as the Narcotics Act allow for a reduction of sentencing where defendants cooperate with the prosecution or were genuinely unaware of the relevant laws in Thailand. Finally, competent legal counsel will be particularly helpful to accused persons when there are irregularities in police conduct relating to the investigation or prosecutorial misconduct.

________________

Siam Legal International is one of Thailand's premier full-service law firms with its head office in Bangkok. It has offices strategically located throughout the major cities in Thailand including Chiang Mai, Pattaya, and Phuket along with international representative offices in London and Las Vegas. Siam Legal has an extensive range of corporate, civil and criminal litigation, and real estate experience accessible to both local and foreign clients.

#criminal defense lawyer #thai criminal defense lawyer #thai criminal defense attorney #drug offenses in thailand #thailand lawyer #thailand attorney #thai law #thai criminal law

[siam-legal]

Siam Legal International is a full service law firm that offers a wide range of legal services to the Expat community in Thailand such as:

Thai Family Law

Thai Business Law

Litigation

Thai Property Law

Other Legal services

Notary

Drafting of 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.

Thailand Legal Services

#legal assistance in thailand #thailand legal services #thailand law firm #thai lawyer #thai attorney #thai law firm #english speaking thai lawyers

[siam-legal]

For couples who are not in a hurry to tie the knot but are preparing early for their future, having a Prenuptial Agreement is a good option. On this video you will find the importance of having a Prenuptial Agreement and how to process it in Thailand.

As some may find having prenuptial agreement as unromantic or offensive, but having one is a good opportunity to discover the true intentions of the parties to the marriage.

To know more about Prenuptial Agreement in Thailand, please click the link below.

Prenuptial Agreement in Thailand

#Prenuptial Agreement in Thailand #Thai Prenup #Drafting a Prenuptial Agreement #Safeguarding assets #Prenup in Thailand #Prenuptial Agreement

[siam-legal]

Foreigners who wish to marry in Thailand are offered endless and more-than-the-usual possibilities which traditional wedding destinations offer. In other words, Thailand affords you a choice to make your wedding celebration truly a memorable one. You basically start choosing from the type of wedding ceremony which you like to have or to follow.

To know more about how to get married in Thailand, see the link below.

Marriage Registration in Thailand

#Marriage Registration in Thailand #Marriage Registration Procedures in Thailand #Get married in Thailand #Thailand Marriage #Marry in Thailand #How to get married in Thailand #Thai Marriage Registration #Register your marriage in Thailand

[siam-legal]

Thailand's amazing economic growth over the years led to attract more investors to partake in the rat race by doing business in Thailand and addressing the country's increasing market demands in terms of importing and exporting goods and services. While hoping to maximize the return on investments, foreign investors are convinced to do business in Thailand because of the kingdom's strong governance, support, incentives, sufficient infrastructure, skilled, and a cost effective work force. 

Doing business in Thailand, you have the choice over what type of business organization to establish. See the link below.

Business Registration in Thailand

#Business Registration in Thailand #Company Registration in Thailand #Setting up Company in Thailand #Thai Limited Companies #Business in Thailand #Thai Representative Office Setup #Mergers and Acquisitions in Thailand #Thai Board of Investment #Thai Partnership