Thailand Law Blog

Legal Barriers to Escrow in Thailand

Finding escrow services in Thailand can be hard, but there are a few legal options. Some large international developers will cooperate with their buyers to use offshore escrow services in certain situations. However, the use of offshore financial institutions can add additional risk due to currency exchange issues. In some situations, the parties to a […]

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Practical Barriers to Escrow

In some countries, such as the US, the use of escrow services when executing a property purchase is widely accepted as a way to reduce the risk inherent in the transaction. However, any type of escrow arrangement in Thailand is very rare, for legal, cultural, and practical reasons. Even for buyers who want to use […]

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How to Make a Thai Will

Foreigners living in Thailand and those owning immovable property in Thailand usually need a Thai will. It is a good idea to work with an international law firm, such as Siam Legal, to ensure that your estate plan complies with Thai law. Thai law provides that if you are competent to draft a will in […]

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The Right of Habitation

In addition to lease in Thailand, usufructs and superficies, Thai law provides another specialized type of legal property rights that may be of interest to some foreigners living in Thailand. The right of habitation (arsai) entitles the recipient to live in a building rent free for a period of time up to 30 years or […]

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Hire of Immovable Property for Commerce and Industry

Foreign investors seeking to lease land in Thailand for business purposes may find themselves limited by the 30 year lease limit posed by the Civil and Commercial Code. Indeed, the 30 year limit is rather short in comparison to lease limits in other jurisdictions; such as Vietnam, which allows residential lease terms from 50 to […]

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Foreign Business Licenses

According to Section 17 of the Foreign Business Act, B.E. 2542 (1999), foreigners may apply for a license to operate businesses that would normally be prohibited to them under Lists 2 and 3 of the Act. Between March 3, 2000 to February 29, 2012, a total of 2,928 licenses were issued to foreigners (1,091 licenses […]

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Buying Off-Plan: The Sales and Purchase Agreement

Off-plan condominium projects are an attractive option for foreigners desiring to live in Thailand because they offer the prospect of purchasing something that is brand-new. However, several concerns will naturally arise if one should enter into an agreement to purchase a new home in a pre-constructed condominium. In the past, unscrupulous developers have been known […]

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Registering a Trademark in Thailand, Part 2

The previous article discussed Section 6 of the Trademark Act of of B.E. 2534 (1991), as amended until B.E. 2543 (2000), which listed the criteria for determining whether a trademark was registrable. In short, Thai law allows for a trademark to be registered if it is distinctive, not prohibited by law, and not the same […]

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Registering Trademarks in Thailand

The trademark is an important legal concept in the world of business and commerce. Trademarks allow companies to distinguish their goods and services from competitors and thereby enhance the goodwill of the public towards their particular brand. Accordingly, trademark law seeks to protect both consumers, by allowing them to identify the origin of products sold […]

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Condominium Ownership by Foreigners

Buying condominium in Thailand is a particularly attractive option for foreigners wishing to reside in Thailand since, unlike the ownership of land, Thai law does not prevent foreigners from gaining freehold ownership of condominium units. However, Thai law still restricts foreign ownership of condominium units to the extent that it prohibits foreigners from owning more […]

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