Legal Services
Our legal services encompass a wide range of expertise, delivering support and guidance tailored to your specific legal needs.
About Thai Will Applications
An applicant MUST get a Last Will and Testament prepared in both of his / her home country and in Thailand. The property of an applicant in Thailand is likely to become more and more valuable as soon as she / he signs the contract and makes an initial payment. Consequently, even before the transfer of the property, an applicant MUST have an asset to consider for his / her estate planning.
01
The Will can be made at home privately or at the Family Law Office.
02
The Will can be made at District Office.
Types of Thai Wills
Applications must be submitted with required documents such as detailed list of an applicant’s assets in Thailand such as property, bank accounts, vehicle(s), and personal items.
Typically, upon the death of a foreign national in Thailand, governmental officers will ask the family for a copy of a Will or they will seek the deceased person’s lawyer for this document. Having a Will drafted in an applicant’s home country to cover assets in Thailand may be problematic to his / her family as documentation will need to be translated, notarized and approved by a governmental process. We recommended a separate Will for your assets in Thailand.
Drafting a Thai Will for properties in Thailand or abroad
The assets of an applicant MUST be distributed to relatives in the following order:
01.
Descendants
02.
Parents
03.
Brothers and sisters of full blood
04.
Brothers and sisters of half blood
05.
Grandfathers and grandmothers
06.
Aunts and uncles
Notary Public Service
As Thailand is not a signatory to the Hague Convention on Legalization of Foreign Public Documents, in some cases, parties who have engaged notarial services in Thailand are likely to need to have the notarized document authenticated or legalized further at the Ministry of Foreign Affairs of Thailand, or at the Embassy of the country to which the document is to be presented.
Star Visa Service has lawyers who have certified licenses to do the Notary Public service. A notarial attorney will do as follows:
Verifying the authenticity of signatures in documentation
Administrating of oaths and affirmations
Being witness to the signing of parties to documentation
Certifying the identification of parties to an agreement
Attesting and certifying certain classes of documentation
Prenuptial Agreement
Thailand’s prenuptial agreement means a written contract created by two parties before getting married. A Thai prenuptial agreement typically lists all of the property each person owns (as well as any debts) and specifies what each person’s property rights will be after the marriage. Thai Prenuptial Agreement is governed by the Thai Civil and Commercial Code. It is so important that you seek counsel from a registered Thai family lawyer, attorney or solicitor familiar with the laws in your home country and in Thailand before preparing a prenuptial agreement with a Thai national fiancée.
Applications must be submitted with the requirements by follows:
Written Contract
Officially written contract and approved by two parties. Moreover, each of them MUST get separate legal counsel.
Thai Prenuptial Agreement
Next, each of the parties MUST sign the Thai prenuptial agreement in the presence of TWO witnesses prior to the marriage registration.
Registration
The Thai prenuptial agreement MUST be registered at the local district where the parties decide to register their marriage.
Land
Purchasing
After deciding which land an applicant is going to purchase, it is highly recommended that he / she consult his / her officially appointed lawyer before signing any documentation. A foreign national is NOT likely to own any piece of land in his / her name. His / her Thai registered company, nonetheless, may.
After deciding which land an applicant is going to purchase, it is highly recommended that he / she consult his / her officially appointed lawyer before signing any documentation. A foreign national is NOT likely to own any piece of land in his / her name. His / her Thai registered company, nonetheless, may.
If a foreign national marries a Thai spouse and would like to purchase some pieces of land within Thailand, there MIGHT be some limitations by follows:
- As a non-Thai spouse, a foreign applicant needs to state that he / she has NO rights over the land; effectively waiving her / his rights to claim the property.
- The property purchased by an applicant, will NOT be in his / her name but in his / her spouse’s.
- The married couple may be asked to sign declarations at the Land Department stating that the funds used are the separate property of the Thai spouse.
- Problems may still arise during a divorce case. Proving that the land is marital property will be difficult.
Note
A Thai spouse can live together on his / her whole life and holds the benefit their whole life.
Condominium
Purchasing
If a retired foreign national would like to purchase condominiums within Thailand, there MIGHT be some considerations by follows:
- Foreigners can be condominium owners in Thailand.
- Star Visa Service helps you to buy a condominium, advising the applicant on what property he / she has the right to be the owner.
Note &
Requirements
The condominium’s owner has nothing to do with his / her visa’s right in Thailand. If the condominium’s owner needs to sell his / her owner’s right that can be done by transfer the owner’s right to the new one. There are some criteria an applicant should consider before any decision.
01
Verifying whether there is also some transferring OR tax charge for the condominium.
02
Seeking legal advice before considering investing in pre-construction projects.
03
Reviewing all the contracts needed before signing.
Registering a house in Thailand
A Foreign national’s documentation showing the record of residing is so-called “Foreigner’s House Registration” OR “Yellow Book.” For a foreigner, this is to identify his / her residence which cannot be a householder or a tenant. It is only a record that identifies the person or persons who are residing or have resided in the house.
In order to obtain this, a person with Thai citizenship living in the house must provide consent. The application must be submitted to the Local District Office where the house is located, with some requirements as follows:
- Foreign national’s resident certificate from his / her Embassy or Thai immigration
- House photos
- Passport and visa with their Thai translation
- Personal documentation of a Thai homeowner
- Witnesses
As a house book proves a person’s domicile, it is his / her benefit in doing the official registration procedures such as the transference of ownership of a car or real estate, opening a bank account OR when applying for a new electricity or telephone line connection. A foreign national is NOT registered in a Thai house one, with a non-immigrant visa, he / she requires address proof showing a “Letter of Residence” issued by the Local Immigration Office.
Business registration
in Thailand
The foreigner who wants to run a business in Thailand is required to provide:
- Company’s name and Seal
- Company's objectives
- Address of a Head Office and Address of a Branch Office (if any)
Registration Requirements
Registration requirements in Thailand is made straightforward. Our team assists you in fulfilling all necessary procedures, ensuring compliance with local regulations for a smooth and efficient registration process.
Passport
Passports of foreign national shareholders
ID & Registration
Thai ID and Housing Registration of Thai shareholders
Registered Capital
Any foreign national who wishes to run business in Thailand MUST own at least 2,000,000 THB or above as registered capital.
Registered Partnership
He / she MUST share a registered partnership with at least 3 persons or more and one of those MUST be of Thai nationality.
Regulation of Registered Capital
The registered capital MUST be shared; no greater than 49% for foreign shareholders, and 51% or higher for Thai nationals.
Accounting and Tax
After trade registration and supporting business launching in Thailand, we are proud to provide you with fully-systematic accounting plans and balance sheet management, to support business growth in Thailand.
We will provide you with Tax advice and solutions for any Corporate or Personal income tax problems. We will assist you in finding the best and most economical solutions with our Tax lawyers.
Planning set up as follows:
Monthly reports (Balance Sheet, P&L)
Withholding Tax (PND 3, 53)
Value Added Tax (PP 30)
Withholding Tax Return (PND 54)
Mid-Year Tax Return (PND 51)
Annual Tax Return (PND 50)
Annual Financial Statement submission to Thai government
Check preparation
Record accounting transactions