Archive for the "authorities"
Corruption in Thailand will be less
Thailand is known as one of the countries where it still is a relatively high level of corruption. Because this situation has the Thai government decided to adopt a new law that will curb corruption. So, for example, in the awarding of public contracts that are routed over the Internet to all companies so that mention other companies can participate in the tenders.
Also we have noticed is that the corruption in Thailand has decreased in certain areas, because it is no longer as many times even the police as regide when it comes to taking money from foreigners. Especially when, for example, a traffic accident then it is assumed that the alien is no longer always to blame, but it will also examine whether any of the Thai is the fault has gone.
Even with authorities when it comes to this visa, you realize that here is a rethinking of the authorities themselves, and that here it is not as easy as it used to hold funds in accordance to slide under the table and thus to obtain a long-term visa. From my perspective, but a relatively good performance of the so Thailand is on the way out of corruption, whereby we must remember, of course, it is corruption everywhere in the world you will probably not eliminate all of this is taken out.
Press in Thailand
In Thailand there is a lot of press and magazines across the country, the report itself, but also report on the country or the economy and business in Thailand. Here you can find very good journals.
THE TIME
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The press in Thailand, therefore, does not in any shape to hide from the Western press. Only one thing is fact, critical messages are often forgotten, but what has been quite different in the western press, it can be even a few press releases do.
What one finds in Thailand are less erotic newspapers or magazines, here are a little double standard comes out again, you want to show the outside does not do anything in Thailand, but it toloriert then in real life simply.
Condominiums in Thailand
Put a building in Thailand as opposed to his country and to transfer ownership separate from his country. Building in Thailand, except for condominiums, not a form of title deed document. As part of individual lots may be transferred from his land. This must be in writing and registered by the competent authority (ie the Thai Land Department). Caution that the "house book" or blue or yellow book (a Ta Bian. Baan Tabien or train) issued an administrative document by the local Administraive office, not the Land Department, so this book is certainly no proof of ownership. If a foreigner property in Thailand, the land portion can be sold under a ground lease agreement (as a foreigner, not even the land purchases) and the house can be sold separate from the country.
This means that a lease is offered and a purchase contract for the house, pulled both specifying the terms of the lease and the conditions of the sale. Both the house and lease transfer must be registered at the Land Department. When buying a development "of the plan" instead of a sales contract for the house or building agreement offered, but the building permit must be in a foreign name.
Often, a lease for "land and house" is offered, but the least beneficial structure for foreigners and not the recommended long-term structure for the ownership of property (ie it is legally the weakest structure). For anyone interested in improving the property to a "right of superficies" (the registered right to own buildings on leased land) improves the tenant's position expiration or termination of the lease. Rights of ownership of a building on leased land have directly relates to the rights thereto or someone else's land. You can lose your rights under a lease, but could remain your rights under the law of the superficies enforceable. The transmission method for an existing house in Thailand is as follows: 1 The parties must be present at the local land office to announce the sale.
This is part of the official process and separate from the private contract between the parties if one party can not participate, the State Criminal Investigation Department (eg the foreigners abroad) a proxy may be appointed
. In this case, the State Department official power of attorney form (document Tor-Dor 21) 3 is required. Required Documentation: Tor-Dor 21 (if applicable), building permit or former State Department contract, Ta bian Baan, ID's of the parties (passport or ID card) 4 The Land Department, Issue 4 copies of the application of the sale of a structure (public notice), to the Or Bor Tor, the District Office, the Office Kamnan be made and the building itself to see for a 30-day notice (if someone wishes to contest ownership) 5 After the 30-day public notice period, the parties must present themselves effective again on the official State Department contract to sign, the property rights. Proof of ownership of the house can either be the official State Department contract to enable the country to such office or building, signed in the name of the owner
Can I make a prenuptial agreement in Thailand?
Not an expert in Thai contract law I decided to see what is effect, if marriage contracts in Thailand. I found that generally speaking, as long as the marriage contract at the time of marriage, the courts in Thailand will maintain the agreement is registered, unless they are contrary to the laws of the Kingdom of Thailand. This can be a real problem, as things that we are granted in the United States may be prohibited under Thai law. I will not go into detail, but only go as far to say that if I create a prenuptial agreement, I would be reluctant to judge a Thai client its validity.
Can I make a prenuptial agreement in Thailand?
It is an important way of dealing with this problem and that is a choice of law provision. Essentially a choice of law provision is a section in an agreement where the parties have (you and your fiance, Thai or spouse) consent to the arrangement governed by the laws of a certain jurisdiction. This means that if you and your fiancé / spouse sign a prenuptial agreement that the laws of the State of New York, United States, this Agreement shall be determined, then says, no matter where you or your fiancé Thai? Spouse decide to go, to regulate the laws of the State Court of New York. With this example, say that, the two parties in Kansas divorce and the marriage contract is a choice of law provision stating that the laws of New York shall govern the Agreement. In this case, the Court of Kansas, the laws of New York, as if they were in New York when deciding how to interpret the marriage contract and share the wealth from the marriage.
This means that if you and your fiance Thai? Or woman design and endorse a marriage contract with a choice of law provision, then said provision by the Thai courts should be maintained. So if you specify that the law of the State of New York, the agreement will then regulate the Thai courts not to Thai law and rules for evaluating the agreement, but instead the law of the State of New York. A choice of law provision can be very beneficial addition to a marriage contract, because the non-Thai spouse has the advantage that his or her home law governs the agreement may, this can be of great advantage, because the non-Thai spouse often can not read Thai and is familiar with the legal system of Thailand (which is in some ways very different from the law in common law countries).
USING THE DIAL to select SYSTEM FORUM, where the Thai prenuptial agreement is AJUDGED.
Also, an agreement can be a choice of forum provision (forum will be judged in the jurisdiction of the case is set), unless the Governing law allows for the choice of forum provisions. This can be advantageous, because it completely takes over the case, select from Thailand and the Forum of the parties. Using the example above, the parties have chosen New York law to govern, and New York chosen as the forum state have, but the Thai spouse bring proceedings in Thailand. Do all the American spouse must is to go to court and file an application, the case was dismissed because the forum is based indecent on the fact that the parties have agreed in the marriage contract to New York Law application and have the State of New York as the forum for all disputes arising under the contract. If the law of the State of New York confirmed choice of forum provisions then it stands to reason that the Thai court, the case citing New York as the appropriate forum for decision dismissed.
Thanks for reading,
Benjamin W. Hart, Esq.
The information is conveyed solely for informational purposes and should not be used as a substitute for competent legal advice from a professional.
Business in Thailand choose what form of society?
As in the case of most countries, Thailand consists mainly of three types of business organizations, such as sole proprietorships, partnerships and limited companies. Are among the most popular type of Thai business unit corporations, both private and public companies.
The units of the most common form of business in Thailand is limited liability. In general, the limited liability companies in Thailand are similar to Western corporations. Discussed in detail in this article is on the procedures involved in the different types of businesses in Thailand.
For the registration of a limited liability company in Thailand, it has at least a minimum of seven promoters. In the case of corporations, they must be kept for a minimum of 100 shareholders, and no single person more than 10% of the shares, and owned 50% of the shares of small shareholders need to be.
A company in Thailand has taken option to apply to be listed their securities in the Securities Exchange, either as an "Authorized" or "here" under the Securities Exchange of Thailand Act of 1975. Whether it be a private company with limited liability or joint stock company, a limited liability company form, it includes several important steps.
First step in the process of the Thai company registration is required to reserve the company name with the DBD (Department of Business Development), Ministry of Commerce. On approval of the name, the registration for a period of up to 30 days valid.
But before the registration of the company is to decide who will be the promoters and shareholders of the Company. Registration processes and organization of statutory meetings at which topics such address, corporate objectives and the level of the share capital is entered will be discussed.
The next step is the submission of a Memorandum of Association (MOA), which must be taking into account the objectives of the company, company name, which has been approved, authorized capital, the desired location of the company and the directors' level of responsibility. In addition, the Memorandum of Association, the name, nationality, profession, age and address contains at least seven shareholders, of whom at least must be a Thai. All the shareholders must be natural persons, and in fact the original application form.
It is also necessary that all of them should at least subscribe to a minimum one share of each company. The next step is to develop an attractive logo and a stamp with the logo. In terms of the share capital, it is important that proper amount of money in your bank account. Also, update your bank account.
Another step towards the registration of limited liability companies in Thailand is the presentation of the statutes, the company provides details on the type of shares, structure and distribution of shares and voting rights, dividend information, directors, auditors shall constitute a quorum, and all other important features and provisions that are connected to the company.
Once the articles submitted to the Association, the company's registration is complete. Later, Certificate of Registration, together with supporting documents, it is the company has been issued. On receipt of the Certificate of Registration, you will receive your ID card and a company tax number from the Revenue Department. Under this approach the bank with the company tax ID card and other relevant documents to open a bank account. Then they seek the help of an experienced bookkeeper for more business process. Later, apply for VAT (Value Added Tax) with the Department of Revenue.
Further, the registration of the society, it is important that companies accounting procedures, the Accounts Act, comply with civil and commercial matters of conduct, and the Revenue Code. A balance must also be prepared and filed annually with the Department of Revenue and Commercial Registration.
However, the procedures in the process of registration of companies in the Kingdom of Thailand are involved rather daunting experience because of its complex laws, regulations and language. Therefore it is advisable to seek the help of a specialist consultant or an expert and licensed Thai lawyer for company registration purposes.
They will help you implement a series of activities related to the registration of companies, including selection of the appropriate company, financial advice, legal advice, preparation of business through legislation and corporate objectives, developing shareholder coordination Thai shareholders, preparation and submission Memorandum of Association, the registration of corporation tax and value added tax, creation of corporate logos and seals, and the opening of bank accounts.
