Making A Will in Thailand and Issues to be Aware of

If you are considering making a Will in Thailand, then before doing so there are several things which you should carefully consider. This article will discuss a range of matters relating to Wills and applicable Thai law so that you can ensure that your legal interests are protected, and your Will meets the legal requirements under Thai law. Different Types of Wills under Thai Law The Thai Civil & Commercial Code (the ‘Code’) provides that a Will in Thailand can only be made in one of the five following ways, these different approaches are detailed below: Type 1 – In writing (the text of the Will could be typed by a lawyer or the testator or their legal representative) The Code stipulates that a Will can be made in writing provided that:      a. it is dated as of the time […]

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Prenuptial Agreements in Thailand & Key Points to Consider

In Thailand a “prenuptial agreement” is known as a “premarital agreement”, it is a written contract agreed by the spouses before registering their marriage at the District Office, it basically aims to clarify each spouses’ personal property upon entering the marriage (under Thai law personal property is referred to as ‘sin suan tua’) and to specify each spouses’ property rights after their marriage is registered. Legal Requirements for a Premarital Agreement Public Order or Good Morals Section 150 of the Thai Civil and Commercial Code provides the principle of “public order or good morals”, and such principle is applied with a prenuptial agreement. To be legally enforceable in Thailand, a prenuptial agreement must not be contrary to public order or good morals. Additionally, such principle is supported by rulings of the Thai Courts which have struck down various clauses in […]

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Buying a Condominium in Thailand – Key Issues for Foreign Buyers to be Aware of

Under Thai law, foreigners (which includes natural persons, foreign registered companies or foreign majority owned Thai registered companies) can own up to forty-nine percent (49%) of the space of all units in a registered condominium. In this article we shall discuss several key matters which foreign investors should be mindful of before purchasing a condominium unit, including the sale & purchase contract, applicable fees and taxes, due diligence, and documents required to register the transfer of ownership at the Land Department. Foreigners should also be aware that there are two types of residential apartment buildings in the Kingdom, these are: condominiums registered and licensed with the Land Department, these offer ownership over the separate condominium units [Freehold]; and Apartment buildings which are not licensed as a condominium thus not offering individual ownership over the units within them [Leasehold]. Foreign buyers […]

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Summary of Thai Labour Law – Labour Protection Act (1998)

When managing a business in Thailand with employees, senior management should pay attention to the Labour Protection Act (1998) (“LPA”) and its related Ministerial Regulations given the broad impact it has coupled with the legal penalties which can be imposed on them should they breach this law. This article addresses several of the most important aspects of this Act and its Regulations. Work Rules When Required: Employers with ten or more staff must have the work rules prepared in Thai language with a copy to be held at the place of business operations or the employer’s office. If the Employer has announced the application of Work Rules in accordance with the LPA, even if later the number of employees reduces to be less than ten persons, the Employer must still continue to comply.   Amending the Work Rules: If there […]

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Things to Consider Before Signing a Contract for the Sale and Purchase of Goods in Thailand

Things to Consider Before Signing a Contract for the Sale and Purchase of Goods in Thailand Before signing a contract for the sale and purchase of goods in Thailand there are several key issues which the parties should consider to ensure that their rights are adequately safeguarded. In this article we shall examine a range of important issues and shall provide practical tips to help protect the legal rights of the Buyer and Seller & to minimize their respective liability. Transfer of Ownership: Arguably one of the most important issues which a Buyer or a Seller of a product/good should consider is when transfer of legal ownership of the goods/products occurs. According to the Civil & Commercial Code of Thailand (hereinafter referred to as the ‘CCC’ or the ‘Code’) ownership of property sold is transferred to the Buyer from the […]

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Making A Will in Thailand and Issues to be Aware of

If you are considering making a Will in Thailand, then before doing so there are several things which you should carefully consider. This article will discuss a range of matters relating to Wills and applicable Thai law so that you can ensure that your legal interests are protected, and your Will meets the legal requirements under Thai law. Different Types of Wills under Thai Law The Thai Civil & Commercial Code (the ‘Code’) provides that a Will in Thailand can only be made in one of the five following ways, these different approaches are detailed below: Type 1 – In writing (the text of the Will could be typed by a lawyer or the testator or their legal representative) The Code stipulates that a Will can be made in writing provided that:      a. it is dated as of the time […]

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Prenuptial Agreements in Thailand & Key Points to Consider

In Thailand a “prenuptial agreement” is known as a “premarital agreement”, it is a written contract agreed by the spouses before registering their marriage at the District Office, it basically aims to clarify each spouses’ personal property upon entering the marriage (under Thai law personal property is referred to as ‘sin suan tua’) and to specify each spouses’ property rights after their marriage is registered. Legal Requirements for a Premarital Agreement Public Order or Good Morals Section 150 of the Thai Civil and Commercial Code provides the principle of “public order or good morals”, and such principle is applied with a prenuptial agreement. To be legally enforceable in Thailand, a prenuptial agreement must not be contrary to public order or good morals. Additionally, such principle is supported by rulings of the Thai Courts which have struck down various clauses in […]

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Buying a Condominium in Thailand – Key Issues for Foreign Buyers to be Aware of

Under Thai law, foreigners (which includes natural persons, foreign registered companies or foreign majority owned Thai registered companies) can own up to forty-nine percent (49%) of the space of all units in a registered condominium. In this article we shall discuss several key matters which foreign investors should be mindful of before purchasing a condominium unit, including the sale & purchase contract, applicable fees and taxes, due diligence, and documents required to register the transfer of ownership at the Land Department. Foreigners should also be aware that there are two types of residential apartment buildings in the Kingdom, these are: condominiums registered and licensed with the Land Department, these offer ownership over the separate condominium units [Freehold]; and Apartment buildings which are not licensed as a condominium thus not offering individual ownership over the units within them [Leasehold]. Foreign buyers […]

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Summary of Thai Labour Law – Labour Protection Act (1998)

When managing a business in Thailand with employees, senior management should pay attention to the Labour Protection Act (1998) (“LPA”) and its related Ministerial Regulations given the broad impact it has coupled with the legal penalties which can be imposed on them should they breach this law. This article addresses several of the most important aspects of this Act and its Regulations. Work Rules When Required: Employers with ten or more staff must have the work rules prepared in Thai language with a copy to be held at the place of business operations or the employer’s office. If the Employer has announced the application of Work Rules in accordance with the LPA, even if later the number of employees reduces to be less than ten persons, the Employer must still continue to comply.   Amending the Work Rules: If there […]

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DLO Attends AMCHAM Monthly Luncheon – 22 August 2018

AMCHAM Monthly Luncheon to hear an address given by Thailand’s Minister of Industry

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Table on Changes & Updates in the Copyright Act B.E. 2558 (2015)

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Visit from Prae Legal Member for Cambodia

Leap Kang (Partner) and Mao Samvutheary (Partner) of HML Law Firm in Phnom Penh Cambodia visited DLO’s offices

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Dharmniti Law Office welcomes Mr Abhisit Vejjajiva and the Russian investor group

17 December 2019, Mr.Paisal Phuechmongkol, Mr.Phichai Phuechmongkol and Mr.Kittirut Lurcha, Senior Partner and lawyer of Dharmniti Law Office jointly welcome and have a meeting with Mr. Abhisit Vejjajiva, former Prime Minister of Thailand and group of Russian investors in high-tech industry to  co-operate on trade and investment between group of investors of both  countries. The atmosphere of the meeting was full of joy and friendship. Both parties  shared their opinions on situation of  security and geo-politics of ASEAN region including friendship relation of Thai and Russia which have last for a long time. Both sides also discussed about new projects in trade and investment for further cooperation in the near future.

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DLO’s CSR Activity at Thummanurak Foundation on Saturday 14 December 2019

On Saturday December 14, 2019, staff and management from Dharmniti Law Office visited the Thummanurak Foundation located in Karnchanaburi Province. During the visit staff DLO donated money, sporting equipment, clothing and stationary for needy children supported by the Foundation. DLO is proud to be involved in supporting this Foundation and looks forward to future visits and helping those in need.

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Dharmniti Law Office Corporate Social Responsibility (CSR) Activity at Ban Thep Phana Dharmniti Aupatham School

Several staff from Dharmniti Law Office in association with staff from the Dharmniti Group travelled to Ban Thep Phana

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Bill amending personal income tax rate

Cabinet approves a new personal income tax rate which decreases revenue by 27,000 million Baht.

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Tax Law Updates (March)

 Exemption on income  tax, VAT , specific business tax and stamp duty for income donated to support sporting  activities

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Tax Law Updates (February)

Exemptions on income tax for supporting educational institutions

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Thai BOI board expand investment promotion to cover 6 new industries

Mr. Aphsit Vejjajiva,Prime Minister,chairman of the Board of Investment (BOI) today announced the resolutions to promote 6 new  industries with the special measures .

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Newsletter JULY 2019

DLO’S Tax Newsletter

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Newsletter JUNE 2019

DLO’S Tax Newsletter

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Newsletter JANUARY 2019

DLO’S Tax Newsletter

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Newsletter DECEMBER 2018

DLO’S Tax Newsletter

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