Author Archive: Siam Legal International

Siam Legal is an international law firm with experienced lawyers, attorneys, and solicitors both in Thailand law and international law. This Thailand law firm offers comprehensive legal services in Thailand to both local and foreign clients for Litigation such as civil & criminal cases, labor disputes, commercial cases, divorce, adoption, extradition, fraud, and drug cases. Other legal expertise of the law firm varied in cases involving corporate law such as company registration & Thailand BOI, family law, property law, and private investigation.

Thai Criminal Procedure: Hearsay

As is the case in the criminal procedure laws of other jurisdictions, Thailand prohibits the use of hearsay evidence in criminal trials (Section 226/3 of the Criminal Procedure Code). Hearsay is generally defined as testimonial evidence of a statement not made before the Court which is meant to prove the assertion made in the statement […]

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Thai Labor Law: Legality of Non-Competition Contracts

A common feature in employment contracts, typically those of top-level executives, is the non-competition agreement. Such agreement normally requires that should the employment contract terminate, the employee is prohibited from engaging in a competing business for a fixed period of time. Specifically, a typical clause will define a certain period of time following the termination […]

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Withdrawal of Shareholder Meeting Resolutions

A basis for withdrawing a resolution passed by a shareholder meeting of a Thai limited company is that the resolution was passed through bad-faith. Section 5 of the Civil and Commercial Code provides that “Every person must, in the exercise of his rights and in the performance of his obligations, act in good faith.” Furthermore, […]

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Foreign Currency Requirements for Purchasing a Condo

The Condominium Act of 1979 is restrictive of foreign ownership of condominiums in Thailand, but generally allows it for foreigners who permanent residents, or those who have entered the country on an investment promotion visa, or for those who have fulfilled certain requirements related to the transfer or withdrawal of foreign currency. In regards to […]

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Acquisition of Land in Thailand by a Foreign Government

The acquisition of land or a condominium unit in Thailand by a foreign government for official use, such as for use as an embassy or consulate, is not covered by any specific legislation. Therefore, assuming that a foreign government intended to acquire land or other immovable property in Thailand for official use, such an acquisition […]

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Foreigner’s Right to Value of Land in Thailand

An important principle of Thai law regarding foreign investment in land is that where the foreigner has purchased land, but is not able to legally register ownership of the land, he or she is entitled to the monetary value of the land. This principle is demonstrated in the following Land Department Advisory Opinion: During litigation […]

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Disposal of Land Owned by a Foreigner

According to the Land Code of Thailand, it is unlawful for a Thai national to own land as the agent of a foreigner. The act of doing so entails criminal penalties for both the Thai national and the foreigner involved. Furthermore, one consequence of “nominee landownership” as it is called, is that the land that […]

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Acquiring Land with a Foreign Spouse

The primary concern behind Thai government regulations related to the acquisition of land by a Thai national married to a foreign spouse is the issue of nominee landownership. Under the Land Code of Thailand, the act of a Thai national owning land as an agent of a foreigner, which is to say, for the benefit […]

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Acquiring Land in Thailand with a Foreign Spouse

At this time, Thailand does not prohibit its citizens who are married to (or cohabiting with) foreign spouses from acquiring land. Nevertheless, the acquisition of land by Thai nationals who are married to foreign spouses is extensively covered by government regulation and it is conditioned on the legal principle that any land owned by the […]

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Income Tax Implications for Loans Between Private Companies

A Revenue Department Advisory Opinion issued on January 21, 2015 provided guidance regarding income tax implications for loans issued between private companies. The facts were that Company A was registered as a limited company, with an unspecified amount of registered capital, and with no branch offices. The accounting period of the company was April 1 […]

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