Archives December 2022

Transfer of Property Ownership in Thailand

Transfer of Property Ownership in Thailand

Transfer of Property Ownership in Thailand

Buying or selling a property in Thailand is done by signing a standard sale and purchase contract. This must comply with the land code laws, including the Condominium Act. The sale and purchase contract must also be notarized in your home country. If the property is purchased through an offshore company, documents such as company incorporation documents, shareholder lists, and director ID’s must be translated into Thai and notarized at the Thai Embassy Consulate.

Buying or selling a property in Thailand involves paying transfer fees to the Land Department. These fees vary depending on the type of property being purchased. These fees are usually divided between the seller and the buyer. The seller will have to bring the original title deed of the property and a cashier cheque for the transfer fees.

Aside from the transfer fees, a withholding tax must also be paid by the seller. This tax is 1% of the sale price and is paid in order to prevent a buyer from undercutting the seller in order to avoid paying more transfer fees. The withholding tax is calculated on the highest amount declared, so if the property is being sold to a child, the taxes will be different than if it is being sold to another adult. In some cases, the buyer will be required to pay a special business tax. This tax is only payable if the apartment is sold within 5 years of acquisition.

Before the transfer of ownership takes place, a reference letter from the bank must be obtained from the developer. This letter must specify the details of the condominium and the name of the buyer. It must be signed by the banker in Thai language. The buyer can also request to keep these documents. In case the purchaser does not wish to keep the documents, the developer will keep them until the transfer of ownership takes place.

A foreigner can buy a condominium in Thailand under their own name, or a mixed Thai and foreign ownership company. This is a time tested system that has been in place for years. However, foreign ownership of condominiums in Thailand can cause problems, such as infringement of the foreigner quota. Typically, 49% of condominiums in Thailand must be owned by Thai citizens.

As a foreigner, you may have to pay a fee for the writing of the contract and for the control of the deed of the property. These fees can range from 30,000 to 100 000 Thai baht. If the property is being purchased through an offshore company, the fees may also be higher, because the company will need to be translated into Thai language.

To transfer ownership of a condominium, you will also need to pay a fee to the Land Department. These fees are usually around 2% of the appraised value of the property. The fee is normally shared between the buyer and the seller, though it is not uncommon for the buyer to pay the fee.

Sales Contract Review in Thailand

Contract Review in Thailand

Contract Review in Thailand

Taking the time to review a sales contract is an important step toward a smooth and successful transaction. You need to ensure that the details on the purchase contract are correct. A mistake such as paying the wrong price can be disastrous. A good contract review service can ensure that you are not making a fool of yourself.

Contract Review Service

There is a lot of information to be gleaned from a sale contract. It is important to make sure that you are buying the right property at the right price. A sales contract is a legally binding document between you and your prospective buyer, so you need to be careful and well-informed. It is also advisable to use a contract review service to avoid legal headaches down the line. A contract review service can ensure that you are not paying for a substandard product.

The best contract review service will provide you with a comprehensive review of the contract you have just signed. They will also ensure that you are paying the right price. The best contracts are crafted with your best interests in mind. This can save you a lot of grief down the line. The contract review service will also highlight if you are buying a dud property.

Check the Legality of the Contract

The most important part of the process is determining whether or not the contract you are signing is a legal document. There are many legal and ethical issues that can arise when you sign a contract, so you need to ensure that you are not signing away your hard earned cash in the worst possible way. A good contract review service will not only ensure that you are paying for the right product, but also that you are not signing away your hard earned money in the worst possible way.

There are many ways to do this. You can hire a contract review service to perform a comprehensive review of your contract, or you can just take a chance and risk a contract that will be a dud. Whether you are buying or selling a home or land, a contract review service can ensure that you are not signing away your hard-earned money in the worst possible way. A contract review service can also ensure that you are paying for a contract that is legally binding, so you can rest easy knowing that you are getting the right price.

The best part of a sales contract review is that you will get to see the product you are buying for the first time, so you can be confident that you are making the right decision. A sales contract review service will ensure that you are not signing away your hard-earned cash in the worst possible way.

Due Diligence in Thailand

Due Diligence in Thailand

Due Diligence in Thailand

Buying a property in Thailand involves a series of procedures known as due diligence. These include a thorough search for legal issues and a physical inspection of the property. These processes are critical for protecting your investment. The process can be expensive and time-consuming, but it can save you from dealing with scams or frauds. A lawyer can provide this service for you.

Processes of  Due Diligence

The first part of the due diligence process is to check the status of the property’s title. You can do this by looking at the land title deed, which a lawyer will present to you. This document contains information on the land’s description, ownership history, and other important details. You should also check whether the property’s boundaries match the title deed. This is especially important if you are buying condominium property. If the boundaries do not match, you will have to investigate if there are usufructs on the property. The usufructs may not be registered, but they may be valid. You can also check whether the land is surrounded by gas pipelines and whether it is protected by registered rights.

The next part of the due diligence process is to check whether the seller has legal rights to sell the property. Checking the seller’s background is essential because there are a number of land scams in Thailand. A good lawyer can investigate the seller’s financial capacity, and whether the seller is licensed to sell the property. You should also check whether the property is registered at the Land Office and whether there are any outstanding taxes. If there are problems, the lawyer can help you resolve them.

Another important part of the due diligence process is to check if the property has a building permit. A building permit is necessary for transferring the property’s ownership to another party. You can obtain a building permit for a specific period of time or for the lifetime of the landowner. You should also check if the property is free from mortgages and liens. If the property is not free from mortgages and liens, you could face legal problems. You should also check whether the land has been sold before. This is important because errors in the title registration can have legal consequences.

The third part of the due diligence process is to check for any liens or legal problems that may arise. This can include checking the land title deed for liens and checking the court database for any lawsuits. You should also check whether the seller’s name has been included on a liens list. This can prevent you from buying a property from someone who has a history of liens. If the seller is not registered, you should avoid purchasing the property.

Another part of the due diligence process involves checking the developer’s background. If a developer has been involved in any litigation, you should ask your property lawyer about it. You should also check whether the developer has any government permits or liens on the property.

Representative Office in Thailand

Representative Office in Thailand

Representative Office in Thailand

Having a Representative Office in Thailand is one of the easiest ways to enter the Thai market. Representative offices are a non-profit organization and are treated as a subsidiary of a foreign company’s parent company. They act as a liaison between a foreign company and the Thai government. They provide information, advise and facilitate the import of goods from Thailand. They also report on business activity in Thailand. They are authorized to perform certain services, such as consulting and research, and can also promote their products.

Whether a foreign company wishes to establish a representative office in Thailand or not, it must first apply for an alien business permit. The company must submit several documents to the Department of Commercial Registration. It must also explain the necessity of setting up the office. It must also state how the activities of the company will affect the Thai economy. It must also list prospective employees and describe the functions of the company. It must also include a business plan.

Before a Representative Office can be set up, it must have a manager. This person must have a national ID and a household registration certificate. He or she must also have a power of attorney that has been notarized. This power of attorney must provide the manager with the authority to interact with the Thai government. He or she must also sign all documents and certifications.

Representative offices may be registered with the Department of Business Development in Thailand. The application process is fast and simple. The company must submit several documents, including an affidavit that includes the company’s name, directors, shareholders and office plans. It must also grant power of attorney to the office manager. It must also state the effects of the Representative Office on the Thai economy.

Representative Offices in Thailand may have up to five work permits. Each work permit can support two to five positions, including informational, quality control, and administrative positions. The representative office must submit an audited financial statement to the Department of Business Development. It must also report on the sale of new goods or services based on business trends. In addition, the representative office must receive subsidy from the head office to cover the expenses of operating the representative office in Thailand. It must also provide advice about the goods sold to agents and distribute information about new goods.

Representative Offices in Thailand are 100% foreign-owned. They must not engage in activities that are prohibited by the Foreign Business Act. They cannot generate income from activities in Thailand, make sales offers, negotiate business terms with individuals, or receive purchase orders. They must also report their activities to the Revenue Department. They are not required to pay taxes on their salaries, but they must report their income tax returns.

Representative Offices in Thailand must obtain a Corporate Tax Identification number (CTI) and an alien business permit. They must also submit their income tax returns and audited financial statements to the Revenue Department. Representative Offices may have up to three foreign work permits. They can also hire up to four Thai employees for each foreign employee.

Company Registration in Thailand

Company Registration in Thailand

Company Registration in Thailand

Getting a Thai company registered is a relatively easy process if you know what you are doing. But, if you are not sure, it is best to consult a Thai attorney. They can help you decide which type of company is best for you and help you with the process of registering your business.

Registering the Business

The first step is to register your business with the Department of Business Development (DBD). You can do this online. You will need to reserve the name of the company and the Memorandum of Association. The name reservation will be approved within 1-3 days. After that, you can start the process of registering your company.

The Department of Business Development is part of the Ministry of Commerce. It is the government body that regulates company registration in Thailand. This department has a website where you can reserve the name of your company and the Memorandum of Association. It is also important to make sure that the Memorandum of Association is approved before registering your company.

Memorandum of Association (MOA)

The Memorandum of Association contains the company’s name, address, and objectives. It also details the number of shares that are available and the value of each share. It is also important to make sure that at least three promoters are listed. You can also include Thai directors who have at least one share in your company. A Thai director is not required to be a Thai national but they may be a part owner of another company.

During the company registration process, you will need to prepare a Share Certificate and a registration book. You will also need to make sure that you have the necessary financial documentation. The financial documents will include the annual financial statements. You will also need to make sure that the documents are certified by an auditor. You will also need to make sure that your company is registered with the tax authorities. In most cases, you will have to register your company and receive a tax ID card from the Revenue Department. This will help you open a corporate bank account.

Statutory Meeting

The Ministry of Commerce also requires that you register your company by holding a statutory meeting. This meeting appoints the board of directors and an auditor. During the statutory meeting, you will also draft the by-laws of your company. The by-laws will set forth the rules and regulations of your company. This meeting must be held at least seven days before the registration date.

Taxes

Your company will need to make a tax deposit of at least 25 percent of its total assets. You will also need to have a Value Added Tax Certificate if your company’s annual turnover exceeds 1.2 million baht. If your company is listed on the Stock Exchange of Thailand, it can benefit from a reduced tax rate. However, you must also pay a special business tax if the amount of interest on your un-deposit exceeds ten percent of your total assets.

Prenuptial Agreement in Thailand

Prenuptial Agreement in Thailand

Prenuptial Agreement in Thailand

Whether you are married for the first time or you have been married several times before, a prenuptial agreement in Thailand can be a great way to protect your assets and ensure that your children will benefit from any assets you acquire during your marriage. It can also help you to avoid costly property disputes during a divorce.

What is a Prenuptial Agreement

A prenuptial agreement is a written contract, signed by both parties. It lists the assets and debts of both parties, and outlines the disposition of those assets in the event of a divorce. It is generally drafted by a lawyer specializing in family law. It is signed by two witnesses, and must be registered in the government’s marriage register.

A prenuptial agreement in Thai law is governed by the Civil and Commercial Code section 1465. The agreement may also include conditions for termination in case of a child’s birth or ten years of marriage. The agreement can also state that the deceased spouse is only a “shareholder” in the business. Normally, the attachments to the agreement should include significant financial information such as assets and debts that are currently owned by the parties.

A prenuptial agreement is generally required for all marriages in Thailand. It can also give sole management of certain jointly owned assets to one spouse. It is important to consult a lawyer prior to drafting a prenuptial agreement to ensure that the agreement is properly written. This will also help to avoid future litigation.

Benefits of Having a Prenuptial Agreement

It can be used to protect business interests, ensure that children receive any assets they acquire during the marriage, and prevent disputes over the ownership of property.

A prenuptial agreement can protect business interests in Thailand in the event of the death of one of the spouses. For example, the prenuptial agreement may state that the deceased spouse has waived all rights to his or her business. The business may then be run by the children of the deceased spouse. This is a good way to protect business interests for future generations.

Requirements for Prenup

A prenuptial agreement in Thailand must be written in the Thai language, and it must be registered with the government’s marriage register. It must also be accompanied by a written statement of the balance of the assets of the parties. The prenuptial agreement is considered void if it does not comply with the Thai law. The agreement also cannot be against the morals of the parties.

If you are planning to marry a Thai person, you should consult a family lawyer in your home country before drafting a prenuptial agreement. The lawyer can ensure that the agreement is properly written and will protect your interests. A prenuptial agreement will not affect the rights of third parties, but it may give the parties more control over their properties in the event of a divorce. It may also allow the business owners to have a say in the business.

A prenuptial agreement in the Thai language is a private Thai contract that must be registered at the same local district office as the marriage. The contract is governed by the Civil and Commercial Code, and the terms must be clearly written in order to avoid legal complications.