LEGAL SERVICES


Visa

Visa is a document shows that person reaches boarder which identifies in that  visa within the specified time frame. Mainly it will be sealed  in a passport. It has some conditions of visa, for example,  an area that is allowed to come in, the age of visa, time that can enter and exit . Moreover, it is shown that how many times of the permit of entrance and exit they are etc. In the case of Thailand , if foreigners would like to come in they need to request for visas  from the embassy or consulate that has power to manage. However, in some cases,  some nationalities of foreigners can go to Thailand immediately, they  no need to have visas which are (1) Countries which get exception for visa to travel (2) Countries that did the agreement of the exception for visa with Thailand. 

The case that foreigners would like to come to Thailand has to request for a visa needed to be considered the qualification of that person as following 1. Holding the correct and completed passport. The age is not less than 6 months 2. Having evidences to show that he or she will go out of Thailand after he or she stayed in Thailand 3. Not being a person who is forbidden to come into country following the immigrant law. To request for visa to stay in Thailand , foreigners need to do visas the same as objectives of coming to Thailand, for example, the kind of visa for a person who travels past the kingdom, a tourism visa, an ambassador visa, a government service visa. Each kind of visa or each objective has the age of visa and period of time to stay in Thailand differently. It is responsibility of foreigner who requests for a visa to understand correctly. 

The allowing to come to Thailand, however, it includes the specifying time which will be allowed to stay in Thailand and it is the power and duty of an immigration officer. So that, some of foreigners who get visas may not get the permission to come into the countries if the immigration officer considers and thinks that person has qualifications or behaviors to be the forbidden person to come to kingdom. You can request for a visa by yourself , or we can help you to stay in Thailand correctly without concern. We are happy to serve you whether you are in Bangkok or Hua Hin.


Work Permit

What is a work permit? And why do we need to have it ?
     

The work permit is for foreigners who would like to do business or be an employee in Thailand. They need to request for the different type of visa changing like to be a business one and the work permit ;otherwise, they cannot work in Thailand.

A foreigner who would like to get the work permit. He or she needs to have qualifications as the following :  he or she does not get permission to come in as a tourist or travel past and needs to have the ability to do the job that he or she requested to do. He or she is not a crazy person or a frantic person and not being leprosy, tuberculosis in the final stage or a disease that is loathed by social. And the last one foreigner needs to not imprison in mistake of immigrant within 1 year before requesting the work permit. The more important thing , a foreigner needs to have an understanding that some jobs are preserved for Thai people only. Foreigners cannot ask for the work permit for some kinds of jobs.

However, the consideration of the work permit is power and duty of the Department of Employment. Ministry of Labour has to consider following the  rules. It is the stability within the kingdom, having the opportunity to work of Thai people and the advantage from permitting  foreigners to do the job in that position ;therefore, if you are a foreigner who would like to work in Thailand and both not come to the kingdom and already came to the kingdom. You need to have knowledge about requesting the work permit or we can give you some advice both in Bangkok and Hua Hin area.


Company Registration

 "When we run the business until it grows, registration a company is one of choice to make reliability to our business." Normally proceeding business for beginner mostly do business by having single owner. Proceeding transaction is not complicate and can make a decision by ourselves, but when we proceed a business for a while business grow up. There is more circulation, that make we have the responsible for tax, debt and trading. The big trading partner will trust business in company more than proceeding by single person.

There are two types of Company Registration we provide: Limited Company and  Public limited Company.


In general registration of  Limited Company found for the following reasons;

  1. As nowadays, running business by company limited is popular because mobilizing money a business is easy. It includes administration efficiently. The executive who has ability proceed together. It affects a business to secure and believable a lot which benefit that get from register company which are restrict responsibility following amount of real share, have long period mobilizing source because has method to mobilize a lot, for example selling stock. It make believable and good image to business, because there is law to control and put frame to proceed the transaction all the time. And the important thing if set up a business in type of juristic person will make a business pay for tax in highest rate just 20%. If setting up a business in type of having only one owner. Entrepreneur may get charge 35 %.

  2. Setting up company limited which has Thai nationality is one method that foreigner sets up for ownership whether in Hua Hin, Phuket, Pattaya or other areas. There are a lot of foreigners living there which Thai people hold share not less than 51% and foreigner who wants to own the land hold share not more than 49% of all shares, but has status as committee. Although company will be ownership of land, but foreigner as above can control proceeding of company includes power to manage land. So that, if you would like to do any business, register company is an interesting option. If you don’t know that your business suitable to register in company or not. An advantage and disadvantage or additional right and duty that happen we are pleased to give some advice and be your buddy to do business.


Registration of “Public Limited Company
  
Public Limited Company is the company established for the purpose of offering shares for sale to the general public in order to raise money. The purpose is to invest or expand its business. This should be approved by the shareholders and it should benefit them by getting dividends. The company owner can also raise money with the cheaper capital than a bank loan.
Moreover, the structure of the public limited company are as follows: must have 15 or more shareholders who have the liability limited up to the amount to be paid on shares; each share must have the same value and must fully pay the shares’ price at only one time ;and must have at least 5 persons and at least half of the directors must have the registered address in Thailand.
  
Establishment of Public Limited Company shall be performed according to the following:

  1. Registering for company’s establishment : ordinary persons of 15 persons or above register the memorandum of association and prepare the prospectus for people to buy shares or when the persons who start up the company reserve to buy all the shares as specified in the memorandum of association, they shall call for the meeting for the company’s establishment. Afterwards, the persons who start up the company must submit all the affairs and documents to the directors elected in order to register the company’s establishment in the future.

  2. Transforming the private company to public limited company: the private company can be transformed to public limited company when the shareholders’ meeting have the extraordinary resolution according to the Civil and Commercial Code.

  3. Company’s Merger: two public limited company or above, or the public limited company and the private company can merge to become the public limited company. In case of merging between the public limited companies, the shareholders’ meeting of each company has the resolution of at least three-quarters of the number of votes from the shareholders who attend the meeting and have the right to vote. In case of merging with the private company, the shareholders’ meeting of such private company shall have the extraordinary resolution to merge according to the Civil and Commercial Code.

If you are interested in one of the purposes of registering such business but still unsure whether your business is suitable to register as a company, or whether there is any advantages and disadvantage or additional right and duty; we are pleased to give an advice about a business operation. Our service includes company registration, setting a company, value added tax registration, Social Security application, and open a bank account. This, however, depends on particular case.


BOI

Investment promotion is one of the measures aimed at attracting foreign investment in Thailand. A main governing body which is responsible for the investment promotion in Thailand is Board of Investment (BOI).

In order to promote the investment in the country, Board of Investment (BOI) provides incentives to entrepreneurs which can be divided into 2 main types: tax incentives and non-tax incentives.

Tax Incentives Granted to Entrepreneurs are as follows;

  1. Exemption or 50% reduction of import duty on machinery.

  2. Exemption of corporate income tax for 3 years or up to 7-8 years for investments located in the designated areas.

  3. Exemption of import duty on raw material imported for use in production for export for 1-5 years depending on areas of factories.

  4. Double deduction for transportation, electricity and water costs for 10 years when activities start to generate revenue.

  5. Deduction of 25% from the net investment of the cost of the project’s infrastructure installation or construction.

Non-Tax Incentives Granted to Entrepreneurs are as follows;

  1. Permission for foreigners to hold 100% of company shares, excluding the activities stated in List 1 under Foreign Business Act or as specifically stipulated by other laws.

  2. Permission to bring skilled workers and experts as well as accompanying spouses and dependents of such skilled workers and experts into Thailand. Those skilled workers and experts will be permitted to work in investment promoted activities for the period of time as Board of Investment (BOI) may deem appropriate.

  3. Permission to be entitled to own land to operate the promoted activities. Apart from being used for factory construction, such land can be used for offices as well as residence for staff members only for the promoted activities. If such land is aimed for other purposes or for other persons to use, it shall be first permitted by Board of Investment (BOI).

  4. A promoted person or investor in the promoted activities with complete qualification as stipulated by the law whose domicile is outside Thailand shall be granted permission to take out or remit abroad money in foreign currency.

However, such incentives also depend on types of the activities and conditions of the investment promoted projects.


M & A (Merger & Acquisition)

Merger is a means to grow and strengthen businesses which enhances an effectiveness in trade competition, technology transfer, financial restructuring or saving cost in business operations whereby merger might occur between trading competitors or other businesses which are not related to the original businesses.

There are many types of merger but the most popular ones in Thailand are merger and acquisition.  

A merger occurs when one business corporation merges with another business corporation (Merged Corporation) into a single enterprise whereby all the assets and liabilities of one company are transferred to the single enterprise. In general, the corporation that merges the other is the one that has a more significant role in the economy than the other corporation.

An acquisition refers to one business corporation taking control of another business corporation entirely or partly. Even though the business corporation is taken control entirely or partly, such business corporation might still have power to run its own business. However, the acquisition might also mean purchasing the other business corporation’s stock which gives its holder voting privileges, acquiring the other business corporation’s assets (Asset Acquisition), or taking over the other business corporation (Take Over).


Legal Consulting

The law relates with us a lot but we are overlook it until we have problems or lawsuit or litigation and need to find someone who can help to solve problems. Actually consumer will trust that who we choose will have a knowledge and responsibility for our job or not.

We are law firm which provide legal services whether Lawsuit , Law advisor, Drafting contract, Shared Holding Company Registration , Testament and Last Will, legacy , family law etc. and have a committee and specifically law advisor.

As our legal services are provided by licensed lawyers who are graduated from top university of Thailand and able to speak English, we are professional and we can provide legal consulting service in many ways as follows;

             -   Legal Research: We do legal research systematically in everything you would like to know; for example, if you would like to set up a new company for an import products, before you begin investing, we can examine laws as well as tax and duty related to this issue for a good business plan.

             -   Legal Opinions: We provide legal reporting service of any related laws to an issue in great detail, explain related laws and legal process, and give legal advice to help you make decision.

            -    Legal contract drafting: We provide legal agreement and contract drafting and checking service as well as explain and interpret contract so that our customers understand their rights and duties in accordance with the contract correctly.

            -    License: since operating some types of business and importing some kinds of products requires a permit, we provide services for registration and permission application; for example, permission application for restricted goods and business operation, and copyright, intellectual property rights and trademark registration.


Litigation

In case, a legal dispute arises or it is necessary to gain and order from the court. You will need to enter into the process of the courts which has three different cases as following:

Civil case

A civil case is a case that there is a dispute right or duties of person according to a civil law, such as suing the borrower to pay a debt according to the loan agreement or suing the violatorto compensate for damages, etc. It can be seen that the purpose of the civil case is the defendant must be paid or compensated damages. It is not aimed to the defendant must be punished, such as imprisonment under criminal law.

Civil case, in addition it is about such a dispute. It may be that the law specifies a person to use aright to a court to secure his or her rights, such as a request for a court in order to show ownership of the land by taking possession, which is no dispute.

The case is an accusation when filed already. The plaintiff must bring the summons and a copy of the accusation to the defendant, domicile or office of the defendant for the defendant to defend the case. The plaintiff must bring the court official to send a summons to the defendant within 7 days from the date of filing. If the plaintiff ignore the request to the official to send a summons to defendant to defend the case and do not inform the court the reasons for such negligence within 7 days from the date of filing, the law deems the plaintiff to be discontinued. The court will release the case but if the plaintiff has adopted summons within the definition when defendant got accusation rightfully , the defendant must befiled testimony within 30 days from the date of warrant shall be affixed unless it be petty case (there iscase have request to release sorrow which is calculated to costnot over than 300,000 baht orejectmentcase to any person get out from the property that have rental fee or may be rented at the time of filing not over than 3,000 baht per month) that defendant can plead on date of appointment. By petty case when the plaintiff got order to come to the court and absent on peremptory day without permissions from the court to imparlance.  It’s be deems the plaintiff did not purpose to prosecute anymore. The court ordered the distribution of cases out of the directory when the defendant got summons to come to the court and absent on peremptory day without permissions from the court to imparlance. If the defendant doesn’t file an answer. It’s be deems the defendant is default of answer and the court shallhas decision and order to execute by deferencebut if the defendant file an answerbefore or in date of such appointment. It’s be deems thedefendant isdefault of appearance. So that in case of ordinary civil case that the defendant did not plead at the designated timewill be consider by default of appearance

In case of the defendant default of answer the plaintiff must request to the court within fifteen days from the time the defendant filed the termination for the court to have a decision or a judged write to win the case by default of answer and if the plaintiff did not file the application to the court within the such period. The court may order the disposition of the case from the directory. If the plaintiff filed an application to the court within the such period. The court will have a judgment or a judged write to win the case by default by legal proceeding the defendant is default of answer. On the peremptory day, if any party fails to appear on the peremptory day and without the permission of the court for imparlance it deems that parties to be default of appearance. Then it will be litigation by default of appearance. For the prosecution, there will be important provisions is a prohibition on duplicity, do not repeat the proceedings including the judgment is bind up with parties. During this judiciary, the stranger who has interested person in the case may be got into the case by interpleadingto be a third party orpartner in the old case.          

In the case of appearing in court, any of parties pass away during proceedings, no matter what any court it has to postpone the case to wait for the heirs or executorsor controller of legacy of the dead parties to come to be parties instead of deceased to prosecute.

When it considers by investigation of witness and evidence is completed. The court will have decision and if any party is disfavor with a judgment it can be appealed and petitioned hierarchical unless the case is forbidden, appealed or petitioned. However appeal or petition in this civil case does not improve the enforcement of judgments or court orders. But any parties that filed an appeal (petition) may file the requests to the Court of Appeal (petition) at any time before the judgment by making a petition to explain reasonable cause of the request. To let the court improves the enforcement.

 Compulsory execution  

Compulsory execution isthe method which the winner parties of the case will proceed to the loser partiesto obtain the result of the judgmentbecause the losers parties do not comply with the judgment by knowing the rules and the time period prescribed for the execution of the judgment or order has passed. Creditor under the judgment have the power to proceed to the court to enforce the case.    

The winner parties of the case has to request to enforce case within 10 years from the date of the courthas a judgment or in order to the last but if the winner parties did not request to the court to enforce within 10 years. Compulsory execution is ended.

Criminal case

Criminal case which is case about guilt and punishment which specified in Criminal Code and other law, for example Act of Parliament which has punishment 5 items which are execute, imprison, fine and forfeiture of property.

Process and procedure to proceed criminal case.

1. First step is before considers case in court start  from when there is a guilt happens it starts to sue by separating suing by people and suing by government.

1.1 Suing criminal case by people starts from there is a guilt happens sufferer starts from complains or chooses to sue by himself or herself.

1.2 Suing criminal case by government is divided 2 types are 1. Case is personal guilty2. criminal offence

Case is personal guilty, for example defraud, embezzle or libel government cannot start the case by themselves. Starting to sue has to complain from sufferer first. After that inquiry officer has power to investigate and prosecutor has power to sue to court.

If the guilt is reign criminal offence ,government can sue solely. There is a complain, accusation or not inquiry officers can start to investigate by themselves.

When inquiry officers finish investigating, next they summarizes case presents toprosecutor. When prosecutor receive case , he or she will comment that order to sue or not or order to have additional investigate depends on the case. If he or she order to sue ,there is continue suing to court. But if he or she does not order to sue that order does not order of supreme. There is process that has to send case with command to commissioner general or deputy commissioner general for Bangkok, but if in other province it will send to provincial governor. If command to commissioner general or deputy commissioner general agrees, command which does not sue case is decisive. If command to commissioner general or deputy commissioner general disagrees, next need to present case to supreme prosecutor

2. Step to proceed case consideration process in court. If proceed criminal case by people there is preliminary examination if inquire case has court source will stamp receive to sue case and proceed case. However, if preliminary examination and court see that case has no source , will judge to dismiss. People is plaintiff may continue appeal Supreme Court that judgement.

Suing criminal case by prosecutor court does not has to preliminary examination. Court can stamp to receive to sue immediately. After that there is case consideration step. The main point is suing criminal case in court has to present in front of defendant and lets defendant knows message that get sue. Next, they will ask defendant’s testimony which is right of defendant to give testimony or not. Next, when they finish asking testimony. It’s begin to proceed case consideration process by specifying the appointment date of investigation. And It made evidence witness investigation. When they finish investigate evidence. Court continue sentences. Consideration case if appears fact that right bring criminal case to sue to restrain. Court has to distribute case. In case when court judge plaintiff or defendant disagree. It can appeal Supreme Court to court as arrange. Appealing may has provisions about the restrict of appealing Supreme Court.

Suing and proceeding criminal case if there is civil case about criminal case, the law specified that prosecutor or sufferer can sue civil case about criminal case to court which consider criminal case or sufferer will choose to sue to court that has power pay civil case.

 3. Process after consider case in court is forcing process following judgment. In case court judges that defendant is wrong and specifies one or another punishment in criminal case 5 states and case is end. After that it has to force following that judgement. However, although judgement is end and be forcing process following judgement. If fact appears again that person has to be punish is not offender. That person or other person has right to submit petition to ask for reviving criminal case to re-considerate. Court will inquire petition. If court agree they will revive criminal case again which finally as consider case again that person who get punishment is not wrong. They will have measure to cure for that person following law later.

Administrative case

Administrative case is the dispute case between an administrative institute or government and individual officers or the dispute between an administrative institutes or government officers together and cases as follows ;

  1. Dispute case about an administrative institute or a government officer command rule and any other actions illegally.

  2. Dispute case about an administrative institute or a government officer neglects action in law that specifies to take action or take action slowly.

  3. Dispute case about infringing action or other responsibilities of an administrative institute or a government officer that derive from using authorities slowly.

  4. Dispute case about administrative agreement such as; a matter of dispute of person hiring agreement to construct the road and school building.

  5. The case that the law specifies as an administrative institute or government officer must be sued to the court to force the person acts and exclude the act.

  6. The case that the law specifies be in jurisdiction of administrative court such as ; the case that suing ask for withdraw the writ.

Essentially, the people have dispute problems with an administrative institute or government officer in as above matter and would like to use authority to an administrative court, that can sues to the trial court that has hometown or ground of action where it’s happen but also have some case must sue to Supreme administrative court directly such as ; Lawsuits Involving diagnosis of Dispute Resolution Committee as announced by the Judicial Council in the Supreme Administrative Court.

The presentation of indictment of an administrative case must be done as follows; the matter that bring to sue must be an administrative case within the jurisdiction of the administrative court as already mentioned above. Then they must sue to the court hat have authority and the plaint must be done to the document and has lists as specifies and submit in a correct way  

The accusation of case does not have a form of indictment to specify, but must be done by document that cannot sue by speech and using a gentle words. Having a list as per the law specifies, and must identifies name, address of litigant and defendant. The fact and behavior relate the act of suing, requesting and signing of litigant that attached involved evidences along with the plaint that also litigant must do a copy of the plaint and a copy of involved evidences by the number of defendants.

Essentially, litigant an administrative case must be person who has authority to sue It can say that he or she must be the person who has suffered or damaged without being able to avoid from the act or refrain any act of an administrative institute or government officer or has argument about administrative agreement or any other case within the jurisdiction of the administrative court. In fact mostly sufferer in administrative case that is people who have suffered or damaged from the act of administration but an administrative institute or a government officer can be the sufferer and can sue the administrative case as well.

The accusation of case to administrative court beyond the consideration of person who has authority to sue that must be filed within a specified period such as ; the case that suing toask for the court to withdraws the rules or commands in administration that must be sued within 90 days from the day that he or she known and should be known the reason of suing. The accusation of the act of government officer neglects action in lawthat specifies to take action or take action slowly must sue within 90 days from the day thatoverdue. If that is a case of infringe or other responsibility of administrative instituteor government officer must sue within 1 year and if that is a dispute case about administrative agreement must sue within 5 years from the day that known and should be known the reason of prosecution but not over 10 years from the day that has the reason of suing. However, if that is the case about public interest protectionor status of the person will sue any time and some case if the parties have request or an administrative court have an opinion about the case that sued when the time is expire of the prosecution will be benefit to public or has other needed reason that administrative courtwill be get it for consideration

In case that the law specifies step or method to revise the trouble and damage in any specific matter. The prosecution ofthose cases can do when they have issue follow the step and as above method and have order in law or have not order in due time or in time that law specifies which if there is no appeal in law that cannotsue to administrative court. If there is appeal already and ordered following appeal or having not order in due time or the time that law specifies so it cannot sue to administrative court. In case of agreement or infringe or other responsibilityhave not any provision forces the person. The litigant must be ask for administrative institute or government officer confesses in abuse way or following agreement beforeso it can sue administrative case. Finally generally of suing of administrative case do not to pay the court fee (in case of suingask forthe court withdrawthe rule or order in administration that illegal or suing case about neglecting action or taking action too late.)

But if it be suing of case that asking for the court to order to spend money or send the property from depute case about confessing and other responsibility of administrative institute and government officeror depute case aboutadministrative agreementthat have to pay the court fee in rate that specifies in civil procedure code except ; in case that the court ordered waive court fees.


Notary Services

Assurance of signature and document is an attorney assures the document and signature signed in front of the notary public that document or a copy of such document that is truly authentic from the original or do other type of confirmation. It includes signing as a witness in such documents by attorneys who have been registered as Notarial services Attorney from the Lawyers' Council of Thailand under the Royal Patronage.

Sending documents to foreign countries to do transactions is necessary to send the documents back and forth between them to run a business, including the necessity to translate documents from One language to another language for understanding of both and enforcement in another country. But how do you know the translated documents are correct? It is necessary to have a learned person who have good knowledge and respected in the faithfulness to duty of assurance of the documents. Accuracy does not against with the law of the document. It includes the genuineness of the intent of the person who signed the document when the certifier has certified it and sent it to another country. The receiver will be confident. Both sides have confidence in the transaction between each other.

Work boundary of notary public (lawyer assures document or signature)

  • Assure signature of a person

  • Assure power of attorney

  • Assure copy of document that would be truly the same with original

  • Assure translation f document or translator

  • Assure position and authority of a person /a juristic person

  • Assure signature of director

  • Assure status of juristic person, signature, and authority to do of a person who signs the name in document.

  • Assure doing document on behalf of a company

We service Thai people and foreigners who would like document get assure from a lawyer legally and have confident to proceed document. We are happy to help you in Bangkok, Hua Hin and another area.