Don Sornumpol

Author Archive: Don Sornumpol

Don was the senior associate handling the property and commercial sections of Siam Legal. He obtained his bachelor degree from the State University of New York at Binghamton and later his Juris Doctor from Pace University School of Law. Upon completion, he was duly admitted to the New York State Bar as an Attorney-at-Law. Don is a regular contributor and author to a number of legal articles regarding property and cross border transactions in several publications including international legal journals and periodicals.

Right of Rescission under Thai Law

Right of Rescission under Thai Law

Under Thai law, in what situations are you allowed to rescind contract? In other words, when are you allowed to terminate a legal agreement without being held to be in breach? The Civil and Commercial Code has certain rules regarding when you are allowed to exercise the right of rescission: First of all, you are […]

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New Amendments on Suretyship Law in Thailand

| January 9, 2015 | Civil Law, Litigation
New Amendments on Suretyship Law in Thailand

On November 13, 2014, important amendments to the Civil and Commercial Code, a foundational law of Thailand, were proclaimed in the Royal Thai Gazette. The amendments are aimed at protecting the rights of “indirect” debtors, such as guarantors and mortgagors. Legislative research revealed that creditors, largely financial institutions, are in a position that is too […]

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Reference Guide for Corporate Buyers of Land in Thailand

| December 26, 2014 | Land, Property
Reference Guide for Corporate Buyers of Land in Thailand

The requirements and legal procedures involved in buying land in Thailand as a company (particularly with foreign shareholders) is quite complex. Siam Legal has therefore compiled this reference guide to help its corporate clients prepare the necessary documents and evidence required in order to avoid needless mistakes and costly delays when appearing before the Land […]

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Proposed Foreign Business Act Amendments in Thailand

Proposed Foreign Business Act Amendments in Thailand

The headlines in Thai business news have been dominated recently by the new government’s proposals to reform the Foreign Business Act of 1999. However, rather than to liberalize business, the proposals are expected to make the law even stricter. This has caused much concern in the foreign business community whose members have voiced their opinions […]

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Inheritance Tax in Thailand

| November 12, 2014 | Property
Inheritance Tax in Thailand

On September 12, 2014, the new Prime Minister of Thailand, Prayuth Chanocha delivered his government’s policy statement to the National Legislative Assembly, which declared a new economic policy that shall instate an inheritance and property tax for Thailand within one year. A draft law for the new inheritance tax in Thailand has already been drafted […]

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Prenuptial agreement with clause that restricts certain behavior of the spouses during marriage

Prenuptial agreement with clause that restricts certain behavior of the spouses during marriage

Prenuptial agreements are normally meant for couples to agree on how to divide marital or separate property in the event of divorce. However, an interesting legal issue is whether a prenuptial agreement is allowed to have a clause that only restricts certain behavior of the spouses during marriage; for example, is a prenuptial agreement allowed […]

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Thai Permanent Residency Category: Employment

| January 31, 2014 | Immigration
Thai Permanent Residency Category: Employment

Aside from marriage to a Thai national, employment in Thailand is likely to be the most common grounds for a foreigner to be granted permanent resident status. Therefore, this subject is worth addressing in some detail. As with all permanent residency applicants, a person applying on the grounds of employment must satisfy the generally applicable […]

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Thai Permanent Residency Category: Investment

Thai Permanent Residency Category: Investment

There are several options open to foreigners in Thailand who wish to apply for permanent residency status. The first one is based on investment, which consists of two components: presenting proof of investment both before permanent residence is granted and after it is granted. Before the permanent resident status is granted, the applicant must have […]

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Thailand Permanent Residency: An Overview

| January 10, 2014 | Immigration
Thailand Permanent Residency: An Overview

Section 40 of the Immigration Act of 1979 allows foreigners who have been granted non-immigrant visas to apply for permanent residency in Thailand. Generally, the factors taken into account in granting permanent residency to a foreigner are his or her income, property, knowledge, professional skills, and family status in relationship to any Thai nationals. Furthermore, […]

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Validity of Marriage Under Thai Family Law

| December 20, 2013 | Divorce, Family Law, Marriage
Validity of Marriage Under Thai Family Law

According to Section 1495 of the Thai Civil and Commercial Code, any marriage that violates the conditions of marriage causes a marriage to be invalid. However, the Code provides that only a court judgment may determine a marriage to be invalid. Sections 1496, 1497. Therefore, an important issue that must be addressed concerns legal standing. […]

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