Author: Phuket Attorneys

Child Custody in Thailand

Posted by Phuket AttorneysLeave a comment on Child Custody in Thailand

For parents navigating the challenging process of separation or divorce in Thailand, determining child custody arrangements can be a source of significant anxiety and concern. Understanding the legal framework and available options for child custody in Thailand is essential to ensure the well-being of your children and a fair and balanced outcome for all parties involved.

Child Custody Principles in Thailand:

The primary concern of the Thai court system in determining child custody arrangements is the best interests of the child. This includes factors such as:

  • The child’s age, physical and mental health, and emotional well-being.
  • The child’s wishes and preferences if they are deemed mature enough to express them.
  • The relationship between the child and each parent.
  • The ability of each parent to provide for the child’s physical, emotional, and educational needs.
  • The child’s living environment and stability.

Types of Child Custody Arrangements in Thailand:

Thailand recognizes several types of child custody arrangements:

  • Sole Custody: One parent is granted sole decision-making authority regarding the child’s upbringing, including matters of education, healthcare, and residence.
  • Joint Custody: Both parents share decision-making authority regarding the child’s upbringing. This often involves creating a parenting plan that outlines responsibilities, visitation schedules, and communication methods.
  • Physical Custody: One parent has primary physical responsibility for the child’s day-to-day care and residence, while the other parent maintains visitation rights.

Determining Child Custody:

Several factors influence the court’s determination of child custody arrangements:

  • The agreement of the parents: If parents can reach a mutual agreement regarding child custody through mediation or negotiation, the court is likely to uphold their decision unless it contradicts the child’s best interests.
  • Evidence presented in court: If an agreement cannot be reached, the court will consider evidence presented by both parents, including testimony from witnesses and expert evaluations.

Considerations for Foreign Parents:

If you are a foreign parent involved in a child custody case in Thailand, additional complexities may arise. These may include:

  • Jurisdictional issues: Determining the appropriate Thai court to handle the case.
  • Applicable laws: Understanding how Thai law applies to foreign nationals in child custody disputes.
  • International child abduction: If there are concerns about one parent potentially relocating the child abroad without the other parent’s consent, legal avenues to address this issue may need to be explored.

Seeking Legal Guidance:

Navigating child custody matters in Thailand can be emotionally challenging and legally complex. Seeking guidance from a qualified lawyer experienced in Thai family law is crucial. They can:

  • Explain your legal options and the factors influencing the court’s decision.
  • Help you gather and present evidence to support your case.
  • Mediate with the other parent to reach an agreement (if possible).
  • Represent you in court proceedings, ensuring your rights are protected.

Conclusion:

Prioritizing the well-being of your child while navigating the complexities of child custody arrangements in Thailand requires careful consideration and informed decision-making. By understanding the legal framework, available options, and seeking guidance from a qualified lawyer, you can work towards securing a fair and balanced solution that upholds your child’s best interests and promotes their continued well-being. Remember, this guide offers a general overview, and it is essential to consult with legal professionals for specific advice regarding your individual circumstances.

Filing of Divorce in Thailand

Posted by Phuket AttorneysLeave a comment on Filing of Divorce in Thailand

Dissolving a marriage in Thailand can be a complex and emotional process. Understanding the legal framework and procedures involved in filing for divorce is crucial for navigating this challenging experience. This guide delves into the two primary methods of divorce in Thailand – uncontested (administrative) divorce and contested (judicial) divorce, outlining the key aspects, requirements, and potential considerations for each.

Understanding the Grounds for Divorce in Thailand:

Thai law recognizes several grounds for divorce, including:

  • Adultery: One spouse has committed adultery.
  • Desertion: One spouse has deserted the other for more than a year without reasonable cause.
  • Cruelty: One spouse has inflicted physical or mental cruelty on the other.
  • Mutual consent: Both spouses agree to dissolve the marriage.
  • Incurable insanity: One spouse has been diagnosed with incurable insanity for at least three years.
  • Uncurable, communicable, and dangerous disease: One spouse has contracted an incurable, communicable, and dangerous disease.

Uncontested (Administrative) Divorce:

This method is the quicker and simpler option, available only if both spouses agree to the divorce and have no disagreements regarding child custody, property division, or other related issues.

Requirements and Process:

  • Both spouses must be present at the district office where their marriage was registered.
  • Original marriage certificate and identification documents of both spouses are required.
  • A divorce agreement outlining the terms of the separation, including child custody and property division (optional).
  • No waiting period is required. Upon agreement and completion of necessary paperwork, the divorce is finalized.

Contested (Judicial) Divorce:

This method is necessary when one or both spouses disagree on the terms of the divorce, including child custody, property division, or other aspects. It typically involves a longer and more complex legal process.

Requirements and Process:

  • Filing a petition for divorce with the appropriate court, stating the grounds for divorce and desired outcome regarding child custody and property division.
  • Serving the petition to the other spouse.
  • Attending court hearings and presenting evidence to support the claims.
  • The court will issue a judgment on the divorce, including provisions regarding child custody, property division, and any other relevant matters.

Additional Considerations:

  • Foreigners: The process for foreigners may involve additional complexities. Seeking legal guidance from an attorney experienced in Thai family law is highly recommended.
  • Child Custody: If children are involved, the court will determine their custody arrangements based on their best interests.
  • Legal Representation: Consider seeking legal representation from a qualified lawyer who can guide you through the legal process, protect your rights, and ensure a fair and efficient resolution.

Conclusion:

Understanding the available options and their respective requirements is crucial for navigating the divorce process in Thailand. While an uncontested divorce offers a faster and simpler option, seeking legal advice from a qualified lawyer is crucial, especially in contested cases, to ensure a smooth and legally sound resolution that protects your interests and the well-being of any involved children. Remember, this guide offers a general overview, and it is essential to consult with legal professionals for specific advice regarding your individual circumstances.

US-Thai Treaty of Amity

Posted by Phuket AttorneysLeave a comment on US-Thai Treaty of Amity

The Treaty of Amity and Economic Relations between the United States of America and the Kingdom of Thailand, often referred to as the US-Thailand Treaty of Amity, has served as a cornerstone of economic and legal cooperation between the two nations since 1966. This guide delves into the key aspects of this treaty, exploring its historical context, significance for businesses, and its potential impact on cross-border trade and investment.

A Historical Perspective:

Established during the Cold War era, the US-Thai Treaty of Amity aimed to:

  • Promote economic cooperation and trade liberalization between the two countries.
  • Foster closer political and security ties between the United States and Thailand.
  • Provide a legal framework for resolving potential disputes arising from commercial activities.

Key Provisions for Businesses:

The treaty offers several significant provisions relevant to businesses operating in either country:

  • Most-Favored Nation (MFN) Treatment: Thailand and the US agree to grant each other’s nationals and companies treatment no less favorable than that accorded to their own nationals or companies in similar situations. This fosters a level playing field and reduces potential discrimination.
  • National Treatment: Once established in the host country, businesses from either nation are entitled to treatment no less favorable than that accorded to domestic businesses regarding internal taxation, sale, distribution, purchase, and transportation of goods.
  • Dispute Settlement: The treaty establishes mechanisms for resolving disputes arising from commercial activities, including arbitration and recourse to international tribunals. This provides businesses with a neutral and binding process for resolving potential conflicts.

Significance for the US and Thailand:

The US-Thailand Treaty of Amity has played a crucial role in:

  • Facilitating increased trade and investment: The treaty’s provisions have contributed to a significant increase in bilateral trade and investment between the two countries.
  • Promoting legal certainty: The clear and enforceable provisions of the treaty offer businesses greater predictability and security in their cross-border operations.
  • Enhancing economic development: By fostering a more open and transparent business environment, the treaty has contributed to the economic development of both Thailand and the United States.

Future of the Treaty:

The US-Thailand Treaty of Amity has faced challenges in recent years, with both countries considering potential revisions or terminations. However, the treaty remains in effect as of today, and its core principles continue to guide economic relations between the two nations.

Conclusion:

Understanding the US-Thailand Treaty of Amity is crucial for businesses engaged in cross-border trade and investment activities between the two countries. The treaty’s provisions offer significant benefits, promoting fair treatment, fostering legal certainty, and contributing to a more stable and predictable business environment. As the future of the treaty unfolds, staying informed about potential developments is essential for businesses navigating the complexities of international commerce between the US and Thailand.

Additional Considerations:

  • It is important to note that the treaty does not encompass all aspects of US-Thailand economic relations. Other agreements and regulations may apply depending on the specific business activity.
  • Consulting with legal professionals experienced in international trade law is highly recommended to ensure compliance with all relevant regulations and effectively navigate the legal landscape governing cross-border business activities.

Registering a Company Under the Thailand Board of Investment

Posted by Phuket AttorneysLeave a comment on Registering a Company Under the Thailand Board of Investment

For foreign investors seeking to tap into Thailand’s growing economy, registering a company under the Thailand Board of Investment (BOI) presents a compelling opportunity. The BOI, a government agency, offers various incentives and privileges to attract foreign direct investment (FDI) in targeted industries and promote economic development. This guide delves into the key aspects of registering under the BOI, exploring the benefits, eligibility criteria, and crucial steps involved in securing approval.

Advantages of Registering with the BOI

Obtaining BOI promotion privileges offers several significant advantages for foreign-owned companies:

  • Corporate income tax benefits: Enjoy reduced corporate income tax rates, tax exemptions for a specific period, or tax holidays depending on the promoted activity and location.
  • Import duty exemption or reduction: Benefit from exemptions or reduced import duties on machinery, equipment, and raw materials required for production.
  • Exemption from specific taxes: Receive exemptions from specific taxes, such as import duty on finished products for export, and enjoy simplified tax procedures.
  • Work permit and visa facilitation: Facilitate the process of obtaining work permits and visas for foreign executives and specialists needed for the project.
  • Land ownership rights: In specific cases, BOI-promoted companies may have the right to own land for their operations.

Eligibility Criteria for BOI Promotion

The BOI prioritizes investments in specific sectors and activities aligned with Thailand’s national development goals. Some key eligibility criteria include:

  • Industry: The company’s proposed activity should fall within the BOI’s promoted industries, which encompass various sectors like technology, manufacturing, tourism, and healthcare.
  • Minimum investment: The company must meet the minimum investment threshold, which varies based on the promoted activity and location.
  • Technology transfer: The company may need to demonstrate a commitment to transferring technology and knowledge to the local workforce.
  • Job creation: The company’s project should contribute to job creation and economic development in Thailand.

The BOI Registration Process:

The BOI registration process generally involves the following steps:

1. Pre-registration Preparation:

  • Research and select the appropriate BOI promotion scheme: Analyze and choose the BOI promotion scheme best suited to your company’s activity and location.
  • Prepare a detailed project proposal: This document outlines the company’s proposed project, investment plan, technology transfer, and expected economic benefits for Thailand.
  • Gather necessary documents: Compile required documents such as the company’s registration certificate, financial statements, and feasibility study.

2. Application Submission:

  • Submit the completed application form and supporting documents to the BOI.
  • Pay the application fee.

3. BOI Review and Approval:

  • The BOI Committee reviews the application and project proposal.
  • If the application is accepted, the BOI issues a Promotion Certificate, outlining the specific privileges and conditions granted to the company.

Additional Considerations:

  • Seeking professional guidance: Consulting with an experienced BOI consultant or lawyer can significantly enhance your chances of successful application and ensure compliance with all regulations.
  • Meeting local content requirements: Depending on the promoted activity, certain projects may need to fulfill specific local content requirements regarding sourcing materials or employing Thai personnel.
  • Maintaining compliance: Adhering to the terms and conditions of the BOI promotion throughout the project’s duration is crucial to retain the granted privileges.

Conclusion:

Registering a company under the Thailand Board of Investment presents a strategic advantage for foreign investors seeking to establish a competitive presence in the Thai market. By understanding the benefits, eligibility criteria, and comprehensive approach to the registration process, you can position your company to leverage BOI incentives and contribute to Thailand’s economic development while maximizing your investment potential. Remember, thorough research, meticulous preparation, and professional guidance are crucial for navigating the BOI application process and unlocking the full potential of your business venture in Thailand.

Set Up a Representative Office in Thailand

Posted by Phuket AttorneysLeave a comment on Set Up a Representative Office in Thailand

For foreign companies seeking to establish a presence in Thailand without the complexities of full legal entity formation, a Representative Office (RO) presents a viable option. This guide delves into the key aspects involved in setting up a Representative Office in Thailand, outlining the process, benefits, and essential considerations for a smooth and successful establishment.

Understanding Representative Offices in Thailand

A Representative Office is a non-trading entity authorized to perform limited activities on behalf of its parent company located abroad. It serves as a liaison office for the parent company, enabling them to:

  • Market research and business development: Conduct market research, identify potential business partners, and develop new business opportunities.
  • Promote and advertise the parent company: Promote the parent company’s products and services within Thailand, excluding direct sales activities.
  • Liaise with local authorities and clients: Facilitate communication and relations with Thai government agencies and potential clients.
  • Coordinating logistics and support: Coordinate logistics and support activities related to the parent company’s operations in Thailand.

Benefits of Establishing a Representative Office

Choosing to set up a Representative Office offers several advantages for foreign companies:

  • Reduced Costs: Establishing an RO is generally less expensive and time-consuming compared to setting up a Thai Limited Company (Ltd.).
  • Market Entry and Exploration: ROs provide a cost-effective way to explore the Thai market, assess its potential, and establish a local presence before committing to a full-fledged legal entity.
  • Minimal Legal and Regulatory Burdens: Compared to Ltd.s, ROs operate under less stringent regulations and do not require adherence to complex corporate governance structures.
  • Flexibility: ROs offer flexibility in scaling up operations. If the market proves promising, the parent company can transition to a full-fledged Ltd. in the future.

The RO Establishment Process:

The process of setting up a Representative Office in Thailand typically involves the following steps:

1. Pre-registration Preparation:

  • Decide on the scope of activities: Clearly define the activities the RO will undertake, ensuring they comply with the limitations of a non-trading entity.
  • Appoint a representative: Identify a representative who will act as the legal head of the RO, either a Thai national or a foreigner with a valid work permit.
  • Secure an office space: Secure a physical office space to serve as the registered address for the RO.

2. Application Submission:

  • Prepare and submit an application form to the Department of Business Development (DBD) along with:
    • Company affidavit of the parent company
    • Letter of appointment for the RO representative
    • Lease agreement or proof of ownership of the office space
    • Business plan outlining the RO’s activities
  • Pay the required registration fees.

3. Approval and Registration:

  • The DBD reviews the application and supporting documents.
  • Upon approval, the DBD issues a Certificate of Establishment, signifying the official registration of the Representative Office.

Additional Considerations:

  • Capitalization Requirements: While not required for daily operations, the RO needs a minimum capitalization of 3 million baht (approximately $82,000 USD) at the time of registration. This capital can be gradually injected over a three-year period.
  • Work Permits: Foreign nationals acting as the RO representative or working within the office require appropriate work permits obtained through the Ministry of Labor.
  • Limited Scope of Activities: Remember that ROs are strictly prohibited from engaging in direct sales, revenue generation, or any activity deemed “doing business” in Thailand.

Conclusion:

For foreign companies seeking to explore the business potential of Thailand without the immediate commitment of establishing a full-fledged subsidiary, setting up a Representative Office offers a suitable and strategic option. By understanding the benefits, limitations, and following the outlined steps, you can navigate the establishment process efficiently and establish a valuable bridgehead for your company’s future expansion into the Thai market.

Facebook Twitter Youtube

Copyright © 2024 Attorneys in Phuket. All rights reserved.