Legal Information in Thailand

25/07/2017

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 itself. An example of hearsay would be testimony made by a witness in court that she was told by someone else that the defendant had committed the alleged crime and furthermore, the witness’ testimony of the statement is used to prove that the defendant in fact committed the crime. The reason that legal jurisdiction all around the world almost universally prohibit the use of hearsay evidence is due to the legal principle that the defendant has the right to cross-examine any testimony offered against him or her in a court of law. Since it is impossible for the defendant to cross-examine an out-of-court statement made against him or her, such evidence is therefore generally prohibited. The prohibition makes criminal trials more just in that it forces a party to bring the actual person who spoke the hearsay statement to offer the evidence himself or herself in Court. As it is used in the Thai legal jurisdiction, a few important points regarding the prohibition against hearsay.

read more: http://www.siam-legal.com/thailand-law/thai-criminal-procedure-hearsay/

Other jurisdictions of Thai criminal procedure laws for the use of hearsay evidence in criminal trials based on Section 226/3 of the Criminal Procedure Code.

20/07/2017

International Trade Without Distribution in Thailand

Aside from being a place to do business, foreign companies are also choosing Thailand as a jurisdiction to locate their businesses perhaps without actually doing business there. The reasons why a foreign company may want to locate themselves in Thailand while engaging in business somewhere else are varied and complex; it may have to to do with a preference with Thai business laws over that of other jurisdictions or simply because of Thailand’s central geographic location in the ASEAN region. The Department of Business Development (DBD), which oversees business registration and foreign business matters in Thailand issued an advisory opinion during September 2015 in which it addressed the issue of foreign businesses operating international trade operations. Specifically, it addressed the question of whether a foreign company required a Foreign Business License according to the Foreign Business Act of 1999 in order to engage in international trade whereby the goods distributed did not enter Thailand. Below were the details.

read more: http://www.siam-legal.com/thailand-law/international-trade-without-distribution-in-thailand/

Foreign Business Act addresses an issue whether a foreign company in Thailand engaged in international trade requires a Foreign Business License.

13/07/2017

What is required to open a company in Thailand?

There are many reasons why a foreign national would like to open a Thai company. Establishing a Thai company may assist a foreigner to purchase property, live in Thailand, or work in Thailand. The Thai government would like the primary intent of forming a company to be the building of a new business to earn income and contribute to the Thai economy. Whatever the reason, many foreigners want to form a company in Thailand.

The process is generalized in this article but it will provide an overview on how to form a Thai company. There are multiple steps with forms written in Thai that needs to be organized with supporting documentation and filed with multiple Thai government agencies. It is recommended that a foreigner who is going through this process to seek the assistance of an educated and experience English/Thai speaking attorney.

for more information about forming a company in Thailand http://www.siam-legal.com/Business-in-Thailand/thailand-company-all-structures.php

21/06/2017

Contracts for Buying and Selling a Thai Business

n order to buy and sell a business in Thailand, the buyer and seller will have to sign an agreement regarding the transaction. Furthermore, the particularities of the contract will vary depending on how the business is registered and what the assets of the business include. In this article, we will review some necessary elements of a sale and purchase agreement for a Thai business in a few different situations. First of all, it should be noted that there are many different legal procedures by which a business could be sold under Thai law. In this article, we will deal with the more common scenario whereby the business is registered as a limited company under Thai law and an outside investor purchased majority ownership of the existing company.

Contracts for buying and selling a Thai business and necessary elements of a sale and purchase agreement for a Thai business in a few different situations.

16/06/2017

Arbitration in Thailand

Resort to court action is a legitimate approach to the resolution of controversies in both the public and business sectors. With the influx of joint public and private investments, new businesses, and private property purchases, Thailand has also seen the inevitable rise in the number of litigations. These controversies lead to the clogging of court dockets. Because of the heavier workload of the judiciary, the resolution of cases necessarily takes longer to finish.

read more: http://www.siam-legal.com/litigation/arbitration-in-thailand.php

09/06/2017

Falsification of Company Accounts in Thailand

In Thailand, company law involves serious criminal penalties, which may be different from some foreign investors are used to in their home countries. For example, Section 42 of the Company and Partnerships Offenses Act of B.E. 2499 (1955), it’s unlawful for a company director to falsify company accounts and books as follows:

“In the case where a [managing partner or company director], acts or consents to act, with an intention to deceive [the] partnership, company, each partner of [the] partnership, or shareholders about their benefits, whereby such acts:
cause damage, destroy, change, cut off, or falsify of the accounts, documents, or securities of the partnership or company or in relating to the partnership or company;
make false statements or omit to record important substances in the accounts or documents of partnership or company or in relating to partnership or company, shall be liable to imprisonment for a term not exceeding seven years, or to a fine for not exceeding one hundred and forty thousand Baht, or to both.”

In Thailand, the falsification of company documents are nevertheless criminal offenses on the grounds of submitting false documents to the government and tax evasion.

29/05/2017

Fraud in Thailand

Under the Thai Criminal Code, the offense of cheating and fraud is committed if a person deceives another through assertion of any falsehood or by concealment of facts that should be disclosed or revealed in public. In order for the offender to obtain the property of the person so deceived or to cause the person deceived or a third person to execute, revoke or destroy an existing document that confers a right. Be aware of land scams in Thailand.

Under the Thai Criminal Code, the offense of cheating and fraud is punishable with imprisonment of not more than three years or a fine of not more than 6,000 Baht or may be both.

24/05/2017

Thai Work Permit

Premier international law firm in Thailand. Lawyers, Attorneys & Solicitors specializing in immigration, business registration, real estate, marriage & divorce, civil & criminal litigation, and general legal services

18/05/2017

Criminal Intent under Thai Law

Under Thai law, can religious belief serve as a defense to murder? The Thai Supreme Court addressed this issue in Decision No...

16/05/2017

Guidelines to Operate Professional Service Business in Thailand

Few guidelines to understand on how the laws interact to foreigners who operate professional service business in Thailand.

28/04/2017

Introduction to the Technology Transfer Plan

The technology transfer plan is one factor that is considered in granting the approval for the issuance of a Foreign Business License in Thailand.

21/04/2017

Thai-U.S. Treaty of Amity Frequently Asked Questions

Important issues surrounding the U.S. businesses seeking to invest in Thailand under the Treaty of Amity. Here are few frequently asked questions raised by clients regarding the Thai-U.S. Treaty of Amity.