Thailand Law Blog

Eligibility and Rights of a Patent Holder in Thailand

Who are eligible to apply for a patent application in Thailand? The following classes of persons are eligible to apply: 1) Thai nationals; and 2) foreign nationals under the reciprocity rule. This rule allows foreign nationals of those countries who confer the same privilege to Thai nationals to file a patent application in Thailand. So […]

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Will marriage and divorce in Thailand be recognized in Australia?

Will a marriage in Thailand be recognized in Australia? Generally speaking, Thai marriages will be recognized under Australian law provided the parties to the marriage meet certain conditions. For the marriage in Thailand to be recognized it must have been compliant with Australian law in the following ways: Neither party at the time of the […]

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Will a Thai prenuptial be recognized in Australia?

Prenuptial agreements in Australia are referred to by Australian legislation as “binding financial agreements” rather than prenuptials in Thai law. Financial agreements have been introduced into Australian law relatively recently comparative to other Australian family law legislation, through Part 90 of the Family Law Act in 2000. This sets out the various conditions under which […]

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Property Lease in Thailand

Considerations for Lease Agreements in Thailand Given the substantial issues relating to foreigners owning a freehold interest in Thai land, a more viable option for people wanting to have a legal and long term interest in the property is done through lease agreements. There are however a number of pitfalls to be aware of, much […]

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Utilizing the Thailand-Australia Free Trade Agreement (Continuation…)

What criteria must companies fulfill in order to be eligible to use the TAFTA? In order to enjoy the special privileges enabled by the TAFTA, the company in question must be eligible to apply for a Business Operations Certificate Section 10 of the Foreign Business Act. Within Section 10 is an outline for the criteria […]

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Utilizing the Thailand-Australia Free Trade Agreement

Pursuant to the Thailand-Australia Free Trade Agreement, Australians are subject to special privileges which non-Australian foreigners in Thailand may not otherwise be granted. What is the Thai-Australia Free Trade Agreement? In 2003, Australia and Thailand announced intentions to enter into a free trade agreement, which resulted in the Thailand-Australia Free Trade Agreement (TAFTA) becoming operational […]

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Hotel Business in Thailand

Most of the time, starting a hotel as a business in Thailand is a very profitable undertaking; however it is subject to quite a significant amount of regulation. Step 1: Business registration and Ownership While a Thai national may register any form of business entity, a private company limited is the most suitable form of […]

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After I Purchase Property in Thailand, Should I make a Thai Will?

If you purchase property in Thailand, including a condominium, long term lease or shares in a Thai registered corporation, be sure that your estate plan takes your new property into account. Thai law provides that the succession to your immovable property in Thailand is governed by Thai law, so if you own a condo or […]

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Due Diligence Process for Thai Property

If you decide to invest in real property in Thailand, you will want to have all the information about the property you are interested in buying that you can. Researching your potential investment is sometimes called doing your due diligence. The due diligence process begins before you sign a contract or make any payment and […]

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US-Thai Treaty of Amity Company

The U.S.-Thailand Amity Treaty has promoted U.S. Thai trade relations since 1966. The treaty requires the Thai government to give businesses owned and run by American investors national treatment. This exempts American businesses from most of the regulations mandated by the Alien Business Law of 1972. For a company to be eligible for Amity Treaty Status, […]

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