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 […]

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 […]

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 […]

Issues to Consider when a Private Company Applies for a Foreign Business License under List 3 of the Foreign Business Act (1999)

Issues to Consider when a Private Company Applies for a Foreign Business License under List 3 of the Foreign Business Act (1999) If an investor is considering having a private company in Thailand sell goods and services as listed under List 3 of the Foreign Business Act (FBA) and they desire for the Company to be majority foreign owned, then unless they obtain legal permission to do so through such legal means as the granting of BOI promotion privileges or protection under the Thai-US Treaty of Amity then they shall need to have the company apply for and obtain a Foreign Business License (FBL) from the Ministry of Commerce (MOC) in order to be permitted to carry out such activities. This article details the main parts which make up a FBL application as well as key challenges faced when applying […]

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.