Register a company in Thailand – Shareholders

As in the West, shareholders play a huge part in any business in Thailand whether they are Thai owned or foreign owned.  But they are also important for register a company in Thailand if you are a foreigner looking to expand your business in the Asia region or are just wanting a start up to test if your new killer idea will be the next big thing.  As you would expect, because you are registering  a company in a foreign company then most of the shareholders need to actually be Thai.

Now what do you do if you do not have any real Thai friends as you are new to the country?  Well there are plenty of businesses out there that will assist you in performing this task and getting your business off the ground but it helps if you learn more about Thai business law and the roles shareholders play also.  For example there is what is called a nominee shareholder.  This is not someone who actually has any active shares in the company but instead is someone who is simply a shareholder in name only and thus would be a dummy shareholder if you wanted to be exact and this is an illegal practice in Thailand.

This means that they have no financial stake in your company and as said this is illegal and makes a lot of sense why it is as it would mean that the business exists on paper only.  If there are shareholders in a company and these shareholders do not exist then it says a lot about the company itself and the way it operates if they are not prepared to respect and abide by Thai law.  And following Thai law when registering a company in Thailand is exceedingly important.  The benefits of registering a company where the majority of shareholders are obvious.  It allows the business, providing over 50% of shareholders are Thai, to operate in areas or services that would usually be restricted to foreigners.  This essentially means that if your company dealt with land back in your own country then when you register company in Thailand you need to make sure over 50% of shareholders are Thai otherwise your company cannot work in areas that deal with land and thus your business would clearly suffer.

When you look at Thai law this makes sense as any foreigner who lives legally in Thailand cannot deal with land either.  It all has to be done by Thai people in their name and this is why, as said, there are many companies out there that are willing to help in this respect.  Registering a company in Thailand can be a time consuming process but it is definitely worth it if you meet the requirements and stay inside the law as the Thai police look down on businesses that are illegally operating in Thailand even if you have seen or heard differently as it can be seen as a sign that the laws and customs of Thailand are not being respected and Thai people are very proud of their heritage.

Company Registration in Thailand – What is BOI?

Many companies that are ran by foreign national in Thailand strive to get BOI status as this affords them many benefits that are otherwise unattainable but what are these benefits exactly and what does a company have to do or perform in order to get them?  Read on to find out.  A company can gain BOI status (granted by the government) if it is approved by the BOI which is a division of the Thai government who promote business startups and business projects in areas of industry and enterprise that are deemed desirable for the economic outlook of Thailand.

What this really means is that your company must be doing something that either Thai people are not very good at or are doing in a way that is better than how Thai companies in the same field do it and so an exchange of knowledge can take place meaning that Thais and Thailand can learn from new business practices, new technologies and such and this would clearly promote and improve the economic outlook of Thailand and would most certainly mean the company would be awarded BOI status.

But there are specific guidelines as with everything business related which means that not every company can attain BOI status and, as the usual with Thailand, there is a lot of requirements and regulations which must be met before a business can attain the coveted BOI status.  The BOI guidelines mean that the BOI looks towards long term sustainable growth industries with a good safety profile.  This means that a company with BOI status is likely to last in Thailand and shows good signs for future growth and companies that have attained BOI status usually cover specific industries such as high tech areas, manufacture and export businesses.  Thailand also provides investment incentives for other non-industrial projects such as nursing homes for the elderly or film related projects.

The benefits offered by the BOI include both tax and non-tax benefits.  These include features such as tax holidays, relief from import tax duties on machinery and materials that have been imported.  Deductions for transportation, electricity and water costs for a project which are all part of a projects infrastructure are all part of the benefits of being BOI approved also and can help many projects get off the ground and get started.

In order to get started with the BOI application process you obviously need an application form and because industries are categorized and specific for each industry it means that you need the correct form for the company you registered in Thailand and the application forms request detailed information in terms of the work process, capital investment and material requirements and the time frame for the project.

Once the application is completed it needs to be submitted to a BOI official who will review it and make recommendations and then a further BOI committee will then offer a proposal of BOI benefits or a package for how the BOI can benefit that particular company and that specific industry.

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Company registration in Thailand –FAQ 2

Following on from our previous FAQ about dealing with company registration in Thailand we will now discuss a few more issues that are involved in the entire process.  After all there are numerous laws in Thailand that will affect the company in Thailand as well as abroad and sadly company registration in Thailand cannot be achieved merely by filling out forms without having the knowledge of the application of law to guide you along your way also as without that serious problems and complications may occur.  Company registration is an exhaustive process but the benefits of doing it are worth it although sadly many people see it as having too many hoops to jump through but for establishing a legal company in Thailand it is all required and it should be followed to the letter also.

As said there is an entire business act dedicated to company registration for foreign naturals in Thailand.  It is lengthy and will not be discussed here but it needs to be adhered to and covers everything from shareholders to the number of staff the company can employ.  For example did you know that you are legally required, under this act, through registering a company in Thailand, to employ a certain number of Thai staff to every foreign national you employ.  This means that you have to be very particular in terms of the Thai staff you employ in terms of their skills and you also have to make sure that the foreign staff you employ are university educated so that they can legally be given a work permit which is one of the signs of legality in Thailand in terms of company registration and it also proves that the foreign national is also not a tourist which is a considerable boost also seeing as tourists are illegally not allowed to work in Thailand.

There was a time when a business could not be started in Thailand by less than 7 people but this was lowered to a much more respectable 3 which also meant that more and more foreign businesses sprung up which lead to more tightening of other rules.  After all it is easy to start a company on paper but the idea of the company registration process that Thailand offers is to prove that what is set out on paper actually exists in the real world which proves that the business is legitimate and can provide advancement for Thailand and its economy in the area of business it is dealing with.  This further means that the company has to provide, as part of the company registration process, evidence that it is viable and sustainable and can survive for a notable period of time (e.g. 3 – 4 years) as giving approval to a company registered in Thailand that only lasts six month is definitely what is known as bad business and this is why company registration in Thailand is such a strict and lengthy process but as with everything it is definitely worth it in the long run.

Divorce in Thailand - Contested Divorces

We already spoke about uncontested divorces and what they are and what is involved and their effects and so now it is time to talk about contested divorces and how they differ.  For starters this is all done in court which means that all the divorces you see on TV and in movies, where the parents go to court and with all the emotional and traumatic experience this entails means that they are most likely going through an uncontested divorce and this type of divorce is still the same in the West as the same kind of divorce in Thailand.

If both parties cannot agree on the divorce then it means that they need to go to court.  Specifically one party needs to file a petition in court but to do this there you need a cause.  This means that the person who files the petition needs to prove their motivation and reason for a divorce in Thailand.  There are several grounds for divorce in Thailand.  Many of them are the same as you would expect in the West and as always it helps to look up the laws and what will happen if you are entirely unsure as whilst these articles are there to provide guidance they can no mean replace a qualified lawyer.

The law also may not apply the same way for a divorce in Thailand when goods are also involved.  We have all heard of couples going to war over the custody of their assets and Thailand has a few legal statutes that help to stop this from happening.  Divorces in Thailand operate differently if goods are also involved and those involved are required to pay a deposit to the court for the goods in question and this will then be paid back if the person wins the case.  However if you lose then the deposit is not paid back which clearly makes sense.  Divorces are not pretty wherever they take place in the world and this also applies to divorces in Thailand also.

The list of laws for divorce is long and quite exhaustive and this is not a legal article in any way so it would pay to do some research before attempting to file for a divorce as we have all seen the devastation it can cause on TV and in movies but sadly in real life it is far more devastating to watch for all concerned.  Divorce in Thailand need not be hell but only if you pay proper attention to the laws and know your rights.  Remember that you are not in your home country and so the rules and laws that may have protected you may no longer apply and it is recommended that in any divorce situation or potential divorce situation to seek legal counsel before proceeding, this is to protect you and ensure that you survive the outcome as they say love is war so divorce, you could say, is the ultimate battle and it always helps to be prepared.

Company registration in Thailand – Is it for my business?

Company registration in Thailand can be a time consuming process and there are a lot of rules and regulations as you may have seen if you have followed this series of articles.   Running a business in Thailand is often harder than registering one depending on who you talk to but there are definite benefits to company registration in Thailand if you are serious and are in it for the long haul as the company registration process caters for two types of companies and you need to make sure you pick the correct one as part of the process.

The first is for businesses which are non-restricted.  This is when a business is registered which consists of a foreign majority in certain categories of business that are not restricted to foreigners.  This applies mainly to certain types of exporting and manufacturing businesses that are more foreign suited.

The second is for restricted businesses which mean that if a foreign based business has an alien business license then it means that they are not restricted in terms of the service they provide which is usually the case otherwise. If a business has an alien business license then a board of investments promotion or registration under the treaty of Amity (for US based companies) is also acceptable however exemptions cannot be obtained for some type of businesses dealing with land trading and such as foreigners are not permitted any activity of this nature.

In Thailand foreigners are referred to as ‘aliens’ (we knew they existed!) and you may need a license known as a business license as part of the company registration process in Thailand also.  This license is essentially the set of rules that your business agrees to operate within as part of being a company that is registered in Thailand.  After all if you register a company in Thailand you cannot still operate it as if it were still in your own country, which is not allowed in the sense that Thailand has its own business laws that you must abide in order to be registered and approved.

Many companies in Thailand that are foreign based attain BOI status which gives them several benefits over companies that are not granted this status and only select companies can qualify and so it means that it is best to work for a company with BOI status if you are a foreigner compared to working one that is not (if the company is foreign owned) as it shows the company is serious about doing business in Thailand and is in it for the long term.  There is nothing worse than being duped by a company that was not properly registered.  Make no mistake, company registration in Thailand is vitally important and failure to cooperate and follow the rules can have disastrous consequences for all concerned and that is not a pretty sight to see as I have been there from a personal perspective and it an experience I liken to divorce due to all the stress so when you perform company registration in Thailand make sure you do it right.

Tips on having a business in Thailand – Partnerships

Many foreign companies in Thailand who wish to conduct business aim to get their company BOI status.  This is different from doing business as just a foreign national and affords many privileges that otherwise would not be attainable.  Thai law also permits the operation of associations and foundations  but both these types of juristic person have limited usage in terms of what the business can and cannot do and so they are only mainly used for philanthropic companies.  Furthermore any foreign natural wanting to work in Thailand also requires that they have a work permit as a statement of their legality and qualifications for the job that they have been employed for.

A work permit is seen as something as a holy grail by many as it not only proves that the employee is qualified for what they have been employed for but that the company is also not cutting any corners in terms of their legal status as a bona fide company operating in Thailand under all the laws and regulations that come with it.  There are many businesses in Thailand that are more than willing to hire foreigners without a work permit but this puts both the company and employee at risk.  Why they do this is usually is because they need the work and the employee is in need of work also so they both cancel out each other.

Many businesses in Thailand, especially in large sectors such as education, simply do not have the time to check the credentials of every foreign national who wishes to teach English in Thailand which is why many unqualified teachers are sometimes hired in error but this is something the Thai government is always trying to crack down on as they are fully aware of it.  Partnerships are vital in terms of doing business in Thailand not only for the survival of the company but also for creating it also.  I know many businesses in Thailand that are both Thai owned and foreign owned that would not exist if it were not for partnerships.

After all the greatest companies are usually formed through a partnership of some kind such as HP, Apple or Microsoft and they go on to endure and thrive and often change the world.  But being in a partnership can be risky if the person you are in partnership with is not as business savvy as you are and does not know the rules and regulations that apply to having a business in Thailand or in any other country.  There are plenty of great reasons to have a business in Thailand but make sure you follow all the rules and have a successful partnership as the foundation of the business as that is usually a great sign of prosperity for the business in years to come.  After all, in life it takes two to tango and a successful partnership in terms of having a business in Thailand can help you navigate the path and pitfalls that can be strewn along the road as part of the process of having a business in Thailand.

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Company registration in Thailand – An FAQ

Starting up a company in Thailand can be an exciting challenge and very rewarding if done properly.  However many people stumble at the first hurdle which is part of the company registration in Thailand process as they do not research enough about what is involved, required and whether or not their particular business meets the criteria needed.  This article will act as a very brief FAQ in terms of doing business in Thailand.  It is only for reference and there are other websites out there which deal with company registration in Thailand or are more specialist (e.g. law firms) but this article and brief FAQ can serve people well who are just considering the option of having a business in Thailand.

The first, and perhaps most obvious question of all, is what actual sanctions are imposed on a business by the Thai government?  For the answer to this it relates to the Thai Foreign business act which was established in 1999 and regulates the business activities of foreigners in Thailand. The act classifies business activity into three categories and places restrictions of various degrees of severity on foreign ownership and operation of these businesses.

The second question is equally as important as the first.  Company registration in Thailand has many rules and regulations compared to what business owners may be used to and the main issue that many people have is just how much of the company they have registered in Thailand do they own once it has been successfully registered?  The answer this is quite simple.  The vast majority of foreigners can register a company in Thailand and go through the company registration process and the truth is that
the vast majority of foreigners in Thailand register a Thai majority company.  This is a company that has 51% or more of Thai shareholders.    This means that you cannot obviously register a company with no Thai staff or employees as this will not be allowed.

Furthermore there is a requirement that you must have a certain number of Thai staff to every foreigner who is also employed and also all foreigners must have a work permit also that can only be granted through more paperwork and the employee must also be university educated which proves also that they are capable of their role and are bringing knowledge in to Thailand whilst working for the business they are employed with.  There are many different factors that need to be considered for company registration in Thailand such as what to do if you are considering starting up a Thai branch of an already existing company compared to starting an entirely new business.  You need to decide what sort of business to establish and what kind of business will be created such as sole proprietorships, limited and unlimited partnerships, private limited companies, public limited companies, branch offices and representative and regional offices.  Suffice to say there is a lot of hard work involved in company registration in Thailand but the benefits of succeeding are far worth it.

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Marriage in Thailand – Customs and rituals

There is no doubt that getting married to somebody you love and who loves you is probably right up there with the best things life has to offer and Thailand is no exception in this.  There are many scary stories about marriage in Thailand and talks of dowries and other such things and whilst this may be off putting to most foreigners who seem alien to them compared to their own customs you need to remember that those who live in Thailand and want to experience a happy marriage in Thailand then you need to consider and follow the Thai customs and traditions surrounding marriage.

Marriage is just as sacred in Thailand as it is anywhere else but the marriage procedure and ceremony itself are quite different and unique.  For example there are two kinds of marriage ceremonies that can be performed and each one has its own benefits and advantages as well as disadvantages in terms of the law also.  The first is a Buddhist religious ceremony and this is the preferred method but many others, especially foreigners may go for the much simpler marriage registration which is very similar to going to a registry in the West and getting a marriage certificate but it just does not have the same sparkle or impact in signing a piece of paper.

Because Thailand is a Buddhist country marriage in Thailand is preferred being done as a traditional Buddhist ceremony but this is not actually recognised as an official marriage in Thailand.  This is preferred as it upholds the cultural and traditional heritage, most Thai girls (and especially the parents) would be very happy to have a marriage ceremony of traditional Thai wedding, albeit the fact that it is not legally recognised as a marriage.

The legal marriage in Thailand is effected in person at any Thai amphur (Civil Registry Office) countrywide, a governmental office that handles all registration matters regardless, be it a foreigner marrying Thai, a Thai or foreign couple. Marriage certificates issued in Thailand are recognized as such by the authorities of Britain, France, Germany, Italy, Spain, Russia, Australia, the USA, Canada and likely many other countries.

Marriage in Thailand and getting marriage registration can be a lengthy process though.   You need to produce all required documents, present them to the officer at amphur and shortly after, you'll have your marriage certificates.  This sounds simply and relatively easy, and, in all honesty it is but even the typical engagement period and ceremony that many Westerners are used to may seem quite unfamiliar if they are deciding upon marriage in Thailand and that will be discussed in the next article in this series so make sure you read that if you want to learn more about what is involved in terms of marriage in Thailand what you can expect.  Suffice to say that marriages in Thailand, whilst unique, are also very special occasions and the tradition and expectations of marriage are just the same, if not more important than it may be in the West.

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Thai Company Registration: Why US Businesses Need To Use The Treaty Of Amity

For US businesses seeking Thai company registration, the Treaty of Amity, which was signed in 1966 and ratified in 1968, gives them a tremendous economic advantage over rivals. The treaty was signed because the United States and Thailand were seeking to encourage mutually beneficial trade and friendly relations. The treaty allows American companies to own the majority of shares of the entire company or representative office located in Thailand. They are also free from many of the Alien Business Law restrictions placed on companies from other foreign nations in 1972. However, American companies are still restricted in certain fields including banking and communications.

Requirements
When seeking Thai company registration using the Treaty of Amity, your company must have at least 51% of its shares owned by American citizens and a minimum of 50% of directors must also be Americans. Although US companies looking for Thai company registration have some advantages, they are still expected to meet a minimum capital requirement. Businesses protected by the Treaty of Amity need to have minimum capital of 2 million baht. In contrast, companies looking for a foreign business license need to have 3 million baht as a minimum.

The Procedure
As you may expect, Thai company registration with the Treaty of Amity on your side still involves lots of paperwork. You are recommended to get in touch with an expert Thai legal team as soon as possible to speed up the process. The first phase involves getting documents that prove you have been registered in accordance with Thai law. After being certified by the commercial service office, you need to give the certification to the Department of Commercial Registration. This will prove that your business is American owned and managed which makes it eligible for protection under the Treaty of Amity. The relevant documents must then be presented to the Ministry of Commerce for final deliberation.

Do Not Avoid The Legal Formalities!
Never assume that your business can avoid the Thai company registration process. The penalties for giving false information or illegally operating a business in Thailand are quite severe and government agencies are extremely watchful. If caught operating illegally, you can expect a fine of around $30,000 with the potential for a 3 year prison sentence thrown in for good measure. Think you can get a Thai national to help you in such a scheme? Think again. Thais with shares in a company found operating illegally are also subject to the same harsh punishments so don’t expect help to be lining up around the block!

The Treaty of Amity provides American companies looking for Thai company registration with the opportunity of a lifetime. Imagine being able to operate in an economy where there are potentially millions of customers. This is what happens when you set up a company in Thailand. As an American business, your only requirements are to follow the correct procedure and ensure your company is majority owned and controlled by American citizens. You can still hire local employees and benefit from their skills and experience.

Uncontested Divorce In Thailand - FAQ

Although getting a divorce in Thailand is as unpleasant as going through the procedure anywhere else, the speed with which uncontested divorce proceedings are carried out may relieve some of the stress. The alternative is to contest the divorce and this leads to court proceedings and an average of 6 months for all the details to be ironed out. If you are looking for a divorce in Thailand and have no issues with property or child custody, an uncontested divorce is probably the right decision.

What Happens With An Uncontested Divorce?
First of all, you need to be aware that an uncontested divorce in Thailand can only take place between couples who had their marriage registered in Thailand to begin with. It is a non-confrontational type of proceeding and causes significantly less stress than its contested counterpart. What happens is that the husband and wife go to their local registry office, submit the necessary legal documents and make a personal declaration that they intend to have a divorce. Having grounds of divorce is unnecessary if both parties agree to end the marriage. Please remember that you can’t ask your lawyer to appear on your behalf. To end the marriage, both parties must appear in person.

What Is Contained In The Divorce Agreement?
It is still possible to avail of an uncontested divorce in Thailand if there are a couple of outstanding issues between the couple. First of all, they need to settle their differences privately and present a written agreement to end the marriage. This agreement must outline the rights which will be enjoyed by both parties after the divorce. When it comes to financial issues, property, alimony and child custody, the divorce agreement must clearly outline the conditions that have been agreed upon.

If a pre-nuptial agreement was made before the marriage, the terms must be considered during divorce proceedings. The agreement must be signed by both parties after the divorce, these signatures have to be witnessed by two capable adults and it needs to be registered at the amphur.

How Long Does An Uncontested Divorce In Thailand Take?
This depends entirely on how prepared both parties are. If all documentation is in order, the divorce can be completed and registered on the day. The marriage certificate must be presented along with passport ID if one or both of the parties are foreign. If one or both of the parties is Thai, it is necessary to produce the Thai national ID card and household registration certificate. The foreign party must also have his/her passport certified at the requisite Embassy. The Ministry of Foreign Affairs in Thailand then receives a translated copy of the divorce agreement and legalises it. Expect 4-5 working days to pass before this is completed.

A word for warning for those looking for an uncontested divorce in Thailand: It is possible that your home country will not recognise the divorce. As a result, you should talk to a Thai legal team and find out more before following through with the divorce proceedings.

Why The Treaty Of Amity Makes Company Registration In Thailand So Easy

Company registration in Thailand is seen as a fantastic method of getting in on the growing Thai economy. Although there is a pronounced global recession, the Thai economy has not been affected nearly as much as other nations. Proof of this can be seen in the property market which continues to thrive while that of American and the UK continues to struggle. It helps that Thailand is part of ASEAN, a $2 trillion economy that rules South-East Asia. For foreign businesses, company registration in Thailand comes at a price. In order to do business in Thailand, they need to cede control of the company to Thai nationals. American companies don’t have this problem and you’re about to find out why.

A Treaty Of Convenience
In 1966, a treaty was signed between America and Thailand in Bangkok. It allowed American businesses in Thailand to maintain a majority shareholding or own their entire company. It may not have seemed like a big deal at the time because foreign businesses didn’t have a great deal of restrictions placed on them back then. This all changed with the advent of the Alien Business Law of 1972 which was designed to protect Thai business. From that point on, foreign businesses looking for company registration in Thailand had to agree to allow Thai nationals to have a majority shareholding of their company. American businesses had no such issues because of the Treaty of Amity.

This treaty is almost the reverse of what normally happens when foreign businesses look to avail of company registration in Thailand. Usually, at least 51% of a company’s shareholdings must be owned by a Thai but for businesses looking to benefit from Amity, at least 51% of the company’s shareholdings must be owned by an American citizen. Additionally, at least 50% of the company’s directors must be Americans.

Restrictions
The Treaty of Amity does not allow American businesses seeking company registration in Thailand to have everything their own way however. There are a total of six sectors which remain protected: Fiduciary functions, inland communication, inland transportation, natural resource exploitation, trading Thai agricultural products and banking. It is obvious that these sectors must remain under the control of Thais if the nation wishes to continue its growth.

Utilising the Treaty of Amity during company registration in Thailand takes approximately 5-6 weeks and involves registering the business and obtaining an alien business license. Obviously, the sooner you have your documentation in order the faster things will proceed. To this end, you need to have a Thai legal team in your corner to help circumnavigate any potential issues.

Don’t settle for anything less than the benefits provided by the Treaty of Amity if you are an American business looking for company registration in Thailand. The process is relatively simple and the process can yield rich rewards in the form of increased business in the lucrative South-East Asian market. While you can certainly hire Thai expertise to help get your business accustomed to the regional market, you get to pick and choose who controls your company.

The Reality Of Divorce In Thailand

No one ever really wants to think about splitting up but divorce in Thailand is an uncomfortable reality. While divorce proceedings in other nations can be long drawn out affairs, it can be a relatively quick process in Thailand depending on the circumstances and if a competent legal team is used. If it happens to be a contested divorce, things could get very costly whereas an uncontested divorce has the potential to be done and dusted rather quickly. Divorce in Thailand is also a very different process depending on whether the couple are two foreigners, two Thais or a mix of one Thai and one foreigner. We will discuss all of these issues below.

Contested Divorce
A contested divorce in Thailand is one that all parties would like to avoid because it involves court hearings and potentially great expense. There are a number of grounds for divorce in Thailand and if one party believes he/she has the right, a court hearing can be set. The grounds for divorce in the kingdom of Thailand include adultery, if one party has deserted for over 12 months, if a spouse has been suffering from a mental illness for more than years and if a spouse is guilty of causing serious harm to their partner.

Uncontested Divorce
This is a relatively straightforward form of divorce in Thailand. It is an administrative divorce and neither party needs to have grounds. This occurs when the couple are in mutual agreement that their marriage is over. In order to successfully follow through with this form of divorce, both parties need to be present. It occurs at the local register, otherwise known as the khet or amphur.

Thai & Non-Thai
Thailand is known worldwide as a centre or tourism and has attracted individuals from dozens of countries around the world. Many of these people settle, fall in love with a Thai national and marry. Unfortunately, the marriage sometimes doesn’t last and a divorce is necessary. If the marriage took place in Thailand, the Thai national will look for an uncontested divorce. It is important for foreigners to remember that an uncontested divorce in Thailand is not always recognised internationally.

Thai & Thai
Thai nationals prefer to have an uncontested divorce in order to preserve honour and avoid future conflict between the individuals in question. All issues relating to property and child custody are usually settled between the couple in private.

Two Non-Thais
It is important to contact a legal team in order to discover if a divorce in Thailand will be recognised by the home countries of the married couple. There are cases where the couple go through the legal process in Thailand only to find that it doesn’t count in their homeland.

If you are looking for a divorce in Thailand, you must know that the procedure may be radically different to what would happen in your home nation. Clearly, you will need the aid of a legal team to follow through with the divorce but before you make the decision, carefully go through all the rules and regulations pertaining to the process with your legal team.

Company Registration In Thailand & The Treaty Of Amity: Control 100% Of Your Company

When it comes to company registration in Thailand, many foreigners seem to be frustrated by the restrictions placed on them by the 1999 Foreign Business Act which superseded the 1972 Alien Business Law. These acts have been put in place to protect the national interests in Thailand. While foreign investment is always welcome, the Thai Government wishes to protect national businesses and ensure that Thai entrepreneurs have the advantage in their own country. If you are coming from overseas and wish to partake in company registration in Thailand, you must allow Thai partners to have the majority share. However, this is not the case when it comes to American businesses and the Treaty of Amity and Economic Relations.

Treaty of Amity
This was signed between Thailand and the United States in 1966 and eases the restrictions placed on American businesses looking for company registration in Thailand. This treaty enables US businesses to own up to 100% of the company, far removed from the maximum 49% allocated to companies from other nations. This may not have seemed like a clever deal at the time but since then, Thailand’s economy has grown and it is now part of the huge ASEAN economy in South-East Asian. Thanks to the Treaty of Amity, American businesses can get a slice of the multi-billion dollar pie and also benefit from low start up costs.

Company Registration In Thailand Using The Treaty Of Amity
If you wish to do business in Thailand are hoping to benefit from the treaty, at least 51% of your company’s shares must be held by US citizens. Additionally at least half the directors whose signature binds the company must be Americans. Once these steps have been met, you can use a Thai legal team to expedite the process of company registration in Thailand.

The first step is to register the company at the Thai Ministry of Commerce. You must also produce documents that prove your company has registered in accordance with Thai law. Expect this process to take around 5 business days. After this, you must provide paperwork which proves that your company meets the minimum 51% American shareholder requirement. Getting past this stage normally takes just 2 business days. Finally, you need to get your legal team to submit all the necessary paperwork in order for your company to receive the alien business license. The Department of Business Development completes this step. This is the longest wait of the whole process and normally takes up to a month.

Once you have successfully completed company registration in Thailand using the details contained within the Treaty of Amity, you have a huge advantage over rival companies from different nations. While they must allow their company to be majority controlled by Thai nationals, you can have an entirely American presence in Thailand. You can effectively move your office from New York to Bangkok with the minimum of disruption and take advantage of the growing South-East Asian market. The Treaty of Amity opened the door for US companies and now it is time for you to walk through it.

How To Gain A Retirement Visa In Thailand & Enjoy Life

For those that have spent their lives working, gaining a retirement visa in Thailand seems like a pleasant and realistic option. This is especially the case for individuals who are coming from a less than welcoming climate. Thailand offers an opportunity to enjoy a fantastic standard of living in your golden years. As well as having a world class health system that is affordable to the general public and a warm climate, Thailand has a remarkable array of sightseeing options that could take years to view. Those with a more adventurous streak can enjoy life in the many bars and nightclubs dotted all over the landscape. It is a nation known for enjoyment so it’s hardly surprising to learn that a retirement visa in Thailand is such a lusted after item.

Non-Immigrant ‘O’ Visa
The first step towards acquiring a retirement visa in Thailand is to obtain a non-immigrant visa. It is best to gain this visa before coming to Thailand which is why you should hire a local legal team that is familiar with Thai law. The best legal firms can get you a 90 day non-immigrant visa before you even enter the country and will get it extended to 12 months once you arrive.

Requirements
You must be over 50 years of age in order to be eligible for a retirement visa in Thailand. It is also necessary to have a passport that is valid for at least another year, proof that you are a native of the place where you are applying from, can prove you meet the financial requirements and have a bank letter that shows your funds or a pension statement. Other necessary documents include the aforementioned non-immigrant visa, Departure Card TM.6, a medical certificate, Thai bank book and letter from your Thai bank.

If you wish to be successful when it comes to applying for a retirement visa in Thailand, you need to have at least 800,000 baht in your bank account. At current exchange rates, this equates to around $26,000 though obviously this can change with the whims of the foreign currency exchange market. You can get past this requirement by showing you earn 65,000 baht a month however. This equates to a little over $2,000 a month.

Restrictions
When you arrive from overseas, you will need to pick up your retirement visa in Thailand from the Immigration office. You have to appear in person and present your passport before signing the requisite paperwork. Once you are approved, you receive a 12 month stay. When you are on this visa, you cannot engage in gainful employment. Additionally, you are required to visit the Immigration Office every 90 days to verify your current address.

While it is necessary to jump through some hoops in order to gain a retirement visa Thailand and it seems to be laden with inconvenience, your reward is a phenomenal standard of living for a price you can easily afford. There are few places in the world that offer such a combination of peace, excitement and climate to keep people entertained whether they are on vacation or planning to live there. When you retire in Thailand, you are taking the permanent holiday of your dreams.

Thailand Marriage Laws

What is marriage law? Why should you know about this thing? Before getting involved in marriages, you must know first the law of marriage. In case you would like to be married in Thailand, then Thailand marriage laws are the laws that you must know. In this article, you will know more about the Thailand marriage laws.

Marriage laws mean having all the requirements for the marriage in order to determine if the marriage is valid or not. Different countries have different laws for marriage. However, in Thailand, the law for couples is that they should be married in the church or should follow religious ceremonies. Bear in mind that ceremonies are not enough because there must be legal documents in order for you to be registered. It is important that all the documents are translated into Thai language for the sake of understanding of all sides.

Being an alien to the country might affect your marriage because there is a law in Thailand that aliens are not allowed to marry their people unless when they submit their passports and proofs from the Government Organization about your marital status. They must also be certified by the Ministry of Foreign Affairs to make sure that everything will be on the right track.

Marriage means starting a new life. Well, you can't start you new life if you have previous problems, so before you get married in Thailand, you should first close or pay all your previous debts and fix all your present and previous problems. Then after that, show documents about your work and your salary. All these aspects are very important in marriage, so you need to abide by the law and submit the necessary requirements.

Lastly, when you have already completed all the requirements, you can already pursue your marriage plans. However, make sure that both of you are on legal marriage age, which is seventeen years of age, and with legal documents as proof. Marrying your siblings is not allowed, even if your brother or sister is adopted and even if both of you are adopted children and only know each other because of the same person who adopted you. Having the same parent even if you are adopted is considered incest. And the most important thing is that, both of you should not have a spouse if you want to be married to someone else because this is considered adultery.

Different countries have different laws when it comes to marriage, and Thailand has their own laws that must be followed when you want to have a marriage in their country. Following all the laws, rules and regulations is a must to prevent problems and to conduct your marriage successfully and legally.

These are just some of the things you need to bear in mind if you are planning to get married in Thailand. So, start making a move now to comply with them. Bear in mind that ignorance of the law excuses no one, so you need to be very careful with your moves in order to get married in Thailand happily.

Thailand Company Registration

In terms of registering a company in a specific place, particularly if it is international, there are a lot of things to consider. In relation to legal things, the numbers of process are so many. But as you follow properly these procedures, you can always have the outcomes be in your favor. These process and very detailed procedures should always be check and double check for the registration to be in a rapid mode as possible as it is. Guarded with reliable and dependable information, you can always be sure that you can finish the registration without having any hassle before, within, and after the process.

There are so many classifications of company registration. These classifications are used to determine the type of company that you would like to register and established. When you already know the different types of this business, you will now feel at ease in making some possible steps regarding the said process. As long as you know these things, the probability of accomplishing the things that you need to be done as soon as possible is totally thinkable. Sooner or later, you can now register your company and make it profitable enough in terms of popularity and income production.

One of the options that you can have in Thailand is the Thai Partnership. In this particular system of Thailand, a company is being worked by minimum of two people or businessmen. This Thailand, the Thai partnership, focuses on the system that is being presented by partners. Here are some points that will make you clarify in terms of information under this type of Thailand, the Thai Partnership.

The Thai Partnership is composed of joint partners that will share about the probable liabilities that a particular business can generate.

With this type of Thailand, businessmen should always think about the things that they will spend in relation to the said system. In regards to this statement, this Thailand focuses on the expenses that will be shared by the people who are involved in a certain company. They have to attend and follow the following obligation that assigned to them while in the process of Thailand company registration. As long as they implement this properly, and pay the expenditures that they need to pay, the assurance of registering their company in a most convenient way is indeed imaginable.

Each partner are Obliged the Liabilities and debts that are under the premises of the company.

Considering the liabilities and debts in order for a company to earn profitable income, in this way, you will no longer have problems under the Thailand registration. Both partners are liable to pay the debts of each other. Any expenses, liabilities, debts and assets that is being generated by the company should always shoulder by the partners, but in case of not obliging this terms, the Thailand company registration will result to a failed attempt.

Thai Company Registration: Getting The Foreign Business License

If you are interested in Thai company registration and wish to own more than 50% of the shares, it is necessary to invest in a Foreign Business License. The foreign business license is not popular with foreign investors. According to the Thai authorities, approximately 80% of foreign companies that apply for this license receive it. However, it should be noted that since the introduction of the Foreign Business Act, few companies have bothered to take on an application. Why? Because it is known to be an extremely long and arduous process. However, if you find the ideal legal team, you can speed up your Thai company registration process AND possibly gain a foreign business license.

How Do You Obtain The License?
Gaining the license could make the Thai company registration process easier but getting it is no easy task unless you hire the services of a top notch legal team. For starters, you need to convince Thai authorities that your proposed business couldn’t be carried out competently by a company that is owned by a Thai majority, that the business does not pose a threat to national security or stability and that it is beneficial to the Thai economy.

If you think carefully, the difficulties of proving all of the above are glaringly obvious. The most blatant culprit is the first issue: How can you prove that a bar or restaurant business can’t be competently managed by a majority Thai owned company? Simple answer, you can’t!

The Process
Unlike the Thai company registration process, obtaining the license seems simple in theory. All you have to do is send your application to the Ministry of Commerce before you start up your business. The Foreign Business Committee reviews the application and must make a decision within 60 days. However, the application itself is very complex and could take months to figure out. Assuming you file under your foreign company’s name, you need to have corporate documents certified by the local foreign minister, the Thai embassy and a public notary. In most cases, you are better off beginning the Thai company registration process as a Thai company and allow that company to fill in the application.

Rejection Or Acceptance
If you application is rejected, the Foreign Business Committee will inform you in writing within 15 days of their decision. This letter will explain the reason(s) for your rejection. You can appeal within 30 days of receiving the written notice. If your application is accepted, it will be subject to certain conditions including the minimum capital requirement and number of foreign directors who can reside in the country. Under the license, your business needs initial capital of at least 3 million baht or 25% of the annual spending projection over a 3 year period with the larger figure taken into account.

Are the rules of foreign business license and Thai company registration getting you down? If so, simply contact a Thai legal team as they successfully bypass all this legal tape and get you started.

What You Need To Know About Contested Divorce In Thailand

If you feel as if your marriage is over, it is necessary to think long and hard about divorce in Thailand if you currently live there. It is never a pleasant situation but once the resolution has been made by at least one of the married couple, the sooner it is settled, the better. If both parties are in agreement, an uncontested divorce in Thailand will save time, stress and money. However, if only one person wants the divorce, it will be necessary to enter into contested divorce proceedings which are decidedly less straightforward.

Contested Divorce In Thailand
Although Thailand has many things in its favour, swiftly dealing with a couple keen on contesting a bitter divorce is not one of them! Like with virtually every other country in the world, a contested divorce in Thailand involves a court date, time and potentially a great deal of expense. Such proceedings occur when one individual feels as if their spouse has broken the marriage agreement. While a couple may agree to divorce, things could become complicated when it comes to sharing property and in terms of child custody.

Grounds For Divorce In Thailand
There are a host of legal grounds for divorce including the usual issues relating to the poor behaviour of a spouse. Adultery and physical or mental abuse of a spouse are naturally automatic grounds for divorce. Interestingly, if a spouse has deserted for a year or has been jailed for more than 12 months, a divorce can be requested. Likewise, a divorce can be sought after if a spouse vanishes for 3 years or has been suffering from a mental illness for the same length of time. Other grounds include failure to provide adequate financial support, if a spouse has a physical disability or if a spouse suffers from a serious and potentially infectious disease.

The Court Case
This can be a long and drawn out affair depending on the parties. The average court divorce in Thailand takes 6 months to settle though it is not unusual for more complex cases to take years. Cases involving property and child custody are usually the lengthiest. If one of the divorcing parties is non-Thai, the divorce decree will be translated into English. Thereafter, it will be legalised by the Thai Ministry of Foreign Affairs. It is also important for the divorced party to check with his/her Foreign Embassy in Thailand to find out if the decree has to be submitted or reported there. Thai nationals have their decrees recorded at their local amphur.

It may dawn on both parties that a contested divorce in Thailand does not benefit either of them. In such cases, it is possible to make the switch to an uncontested divorce by initially withdrawing the contested divorce case and filing an uncontested one instead.

Whether it is decided that the marriage cannot work for cultural reasons or else one spouse is guilty of breaking the bond of marriage, a divorce in Thailand is the way to solve the issue. Choose between the complex contested divorce proceedings or speed things up with the fast and inexpensive uncontested option.

Company Registration In Thailand? Worry About Finding An Apartment First!

It goes without saying that if you wish to complete company registration in Thailand, you need to get your hands on property. What is often overlooked however is the purchase of a home or condominium. Companies focus so much attention on finding the best land for their business that living quarters becomes something of an afterthought. Unless you are planning on living on the streets or wish to sleep in your office, you need to put some effort into finding suitable living arrangements. Fortunately, Thailand offers plenty of affordable accommodation.

In a recent Global Property Guide report, it was found that Bangkok was one of the world’s cheapest cities when it came to finding a condo. This is great news for those seeking company registration in Thailand as it will be a welcome relief to have a high quality home to reside in once you are settled in the country. The average price per square meter for an apartment in Bangkok is slightly over $2,200. In terms of gross rental yield, Bangkok narrowly missed out on the world’s top 20 cities with an impressive yield of almost 8% per annum.

The Condo Market
There are a total of six different condo categories in the country and you thought company registration in Thailand was complicated! They are as follows:

- Economy: Less than $2,000 a square metre, these condos are found just outside the city of Bangkok.
- Middle: Less than $2,700 a square metre, this accommodation will be closer to the city.
- Upper: Less than $3,300 per square metre.
- High End: Less than $4,300 per square metre.
- Luxury: Below $6,000 per square metre.
- Super Luxury: This refers to anything over $6,000 per square metre and such condos are better described as being palaces!

Finding Information
It can certainly be difficult to find proper accommodation as you are unfamiliar with the place and have most of your energy focused on company registration in Thailand. A safe bet is to go to the website of the Real Estate Information Centre which has content in English. Raimon Land is another high quality site though it focuses mainly on the centre of Bangkok and Pattaya.

Handy Tips
Common sense dictates that you should be looking for an apartment before you come close to completing company registration in Thailand. Therefore, you need to take advantage of any quick tips you can to speed up the process. Most Thai property experts suggest that you look at a map of Thai schools and purchase property in the region. Why? Because you will be located close to a transit system and if you have kids, it will be easy to get them started in school. It really is a no lose situation because you will always find a willing buyers as parents are constantly searching for accommodation in close proximity to schools.

Although it is easy to get caught up in the excitement of company registration in Thailand as you get close to fulfilling a dream, you need to worry about living quarters too. Use the above information to speed up your search and find a luxurious yet affordable Thai home.

The Tax Benefits Of Company Registration In Thailand

The Thai government is keen to increase the nation’s competitiveness in relation to other countries in the region with the ASEAN Economic Community to be enforced in January 2015. As a result, the tax benefits of company registration Thailand are better than ever. For a start, the nation’s corporate tax rate was cut from 30% to 23% on 1 January 2012. From 1 January 2013, this rate will be cut again, this time to 20%. Small and medium enterprises (SME) will also benefit with a tax privilege afforded to them on their first 1 million baht of profits.

Thailand Company Registration For FDA Business

The Food and Drug Administration (FDA) of Thailand is responsible for protecting the health of the nation’s population. It has the power to control a myriad of products on the market which means specific Thailand company registration steps need to be taken by companies interested in making a splash within the nation’s borders. Overseas companies in particular need to be aware of the fact that the FDA controls food, drugs, medical devices, narcotics, cosmetics, volatile substances and much more. They have the final say when it comes to allowing products to be imported or manufactured on Thai shores.

Company Registration In Thailand Is The Easy Part… Why Foreign Investors Fail

Although company registration Thailand is certainly vital if you want to begin selling your goods and services to the Thai public and take advantage of the ASEAN economy, you can’t allow it to completely consume you to the point where it causes your business to falter. It is estimated that the failure rate of foreign businesses in Thailand during the first year is somewhere between 50-75%. When a company starts up in its own country, the failure rate in year one is around 25%.

BOI License: Another Tricky Element Of Company Registration In Thailand

The Thailand Board of Investment (BOI) was set up by the Thai Government to promote industry in the nation. Although the BOI allows you to apply to them before company registration in Thailand, there are a number of advantages available to you should you decide to register before application. First of all, if you decide to apply for a BOI promotion as a foreign company, it will be necessary to provide corporate documents along with a variety of other papers that will need to be translated.

Divorce in Thailand

This will explain the options for the divorce if one party is a Thai national. The main things to concern are location of the marriage, assets, and child custody.
Under the Thai Civil and Commercial Code, divorce is permitted in two categories:
Divorce by Mutual Consent:
Getting divorce in Thailand is as simple as registering your marriage. If you are married in Thailand at a local Registrar office you may register an administrative divorce. Divorce by mutual consent must be made in writing with at least two witnesses. This type of divorce is possible only if the couple has no disagreements over such issues as children or property. The divorce documents and a summary on completing the form are available from the local District Office. All documents are in Thai. A divorce certificate will be issued by the registrar office. The process can be completed in one day at the local district office.

Thai Legal Part Marriage

Thailand has two ways on how they conduct marriages. The first one is through ceremonies that don’t need to have government requirements before conducting the ceremony. And the other one is through the legal part marriage which is performed in the local office where the couples are registered and have all the documents in Thai language.
When you choose to have legal part marriage in Thailand, then you can save more money because there’s no need to invite lots of guests that only you and your fiance and your witnesses are needed to perform the marriage. But of course, there is still reception after the marriage for the celebration of newly wedding couples.

Thailand Wedding Ceremony

Choosing to have ceremonial wedding for your marriage in Thailand can be one of the happiest memories that you can treasure. It can be one of the most unforgettable experiences that both you and your fiance could ever have. If you want to know about this ceremony, then this article is for you.
For the preparations of the wedding, the future groom will ask the future’s brides hand for her father and then talk about how could he sustain the daughter’s needs and how can he make or give her successful future. This is often about money and gifts that the future groom will give to the family. After the father agreed and let her daughter marry the man, then invitations will be released for the marriage.

Thailand Marriage Services

Opposite attracts, so when you are attracted to your opposite gender, then that’s the thing that you can use to be your inspiration to court her or to make moves that will make her fall for you. Courtship follows marriage, so you need to make sure that everything will be on the right track. However, this is not as simple as that because you have lots of things to consider especially if you want to get married in Thailand. In this article, you will be able to know more about the Thailand marriage services.
Getting into marriage only means tying yourself with your spouse to start your new life and not depending on someone even your parents. You can seek help but not always. Deciding in getting involved in marriage also means leaving your old lifestyle free from any family problems.

retirement visa Thailand

Bangkok Retirement Visa Services
For foreigners who are looking for the best retirement destination, Thailand is one of the top choices. The start of your retiring in this beautiful place is your application for Thai retirement visa. But application for retirement visa Thailand might really be a difficult task. This is made more daunting by the numerous documentary requirements and the more complex procedure. Good thing, there are plenty of retirement visa services at the heart of the city, Bangkok.
Bangkok retirement visa services (TILA LEGAL) are being offered by a group of lawyers who have experiences in this field for so many years. They will be the one to sort out all the legal issues of your Thai retirement visa application. They will explain to you the necessity and how to comply on every requirement. They will also help you in obtaining the documents that you may have some difficulty getting in the regular course. You will also be assisted in attaining the strict financial requirement of the authorities.
Since, most embassies are situated in Bangkok, this make it easier for the processing of the application for Thailand retirement visa. Once all the documents are prepared, they will be the one to submit it to the proper authorities. They will be with you from the first day of application to the last day where you will be finally signing your visa at the immigration. They would still be there should there be any legal problems that may arise from the issuance of your Thai retirement visa.

See our Thailand Retirement Visa Package by click here

Bangkok retirement visa services (TILA LEGAL) is being offered to ensure that you will only get the most accurate and timely service. When you visit our office in Bangkok offering these services, a representative will sit with you to discuss every aspect of the procedure. Bangkok retirement visa services firms are highly recommended to be visited first before even going to the immigration bureaus. These firms have the best-trained lawyers and their knowledge is one major asset for the foreign client.

Get Your Thailand Retirement Visa & Live Life To Its Fullest

For individuals who have worked hard all of their lives, a Thailand retirement visa must feel like a golden ticket. Thailand is one of the most scenically beautiful nations on Earth and is known worldwide for its low cost of living, high quality medical centers and myriad of attractions. Once you retire in Thailand, you’ll find that your retirement savings go a long way. For example, retirees with a pension of only $1,200 USD a month can enjoy a standard of living that would never be possible back home. For that moderate amount of money, you will be able to afford a fantastic apartment, high quality food and drink, taxis and leisure activities and you better believe that few locations in the world do leisure quite like Thailand.

Thailand Retirement Visa

A retirement visa in Thailand is possible for anyone aged 50 or older provided they meet a set list of criteria. This visa is valid for 12 months and when you hold it, you are free to come in and out of the country as you wish. Once you have a Thailand retirement visa, you must report to a department of immigration branch in Thailand every 90 days to complete what is known as the ‘90 day report’. This the Thai government’s way of checking up on newcomers to their country and to ensure that the individual is safe. In the event that you wish to renew your visa, you have until one week before expiration to do so.

Eligibility

Of course, not everyone is allowed to avail of a retirement visa in Thailand. It’s also necessary to have a bank balance of at least 800,000 Thai Baht at least 2 months before application. This money must be in your name in a Thai bank account and you will have to provide a bank statement to this effect. If you don’t have this sum of money in your account, you are still eligible provided you can prove that you have a monthly income of 65,000 Thai Baht.

The Process

As getting a Thailand retirement visa is a vital matter, you are advised to consult a Thai legal team and they will help you apply successfully. This legal team will then send the requisite documents and an invitation letter from their company to your home address. These documents should then be brought to a Thai embassy where you can apply for the Non-Immigrant Visa which lasts for 90 days. Expect this process to last approximately 2 business days.

You then come to Thailand with the visa, go to the immigration office on Thai soil and have the visa upgraded to a Thailand retirement visa. You should have a lawyer with you to complete the process. If everything is in order, you should immediately have your retirement visa. This is how you apply if you currently live overseas. With the right legal team in your corner, retiring in Thailand and enjoying the wonders of this country is easier than ever so start preparing for a life of leisure.