Chiang Mai Lawyer, formally known as Chiangmai Legal and Real Estate Consult Co. Ltd., was founded by Attorney Boonchai Nitibordeeborriruk, a licensed lawyer in Thailand who has been in business and the practice of law for many years.
The law firm has its corporate headquarters in the San Khampaeng district of Chiang Mai Province. Atty. Boonchai has assembled a staff of licensed Thai lawyers, English-speaking advisors and experienced paralegals familiar with the laws, regulations and procedures that pertain to a wide range of services requested by Thai and foreign residents of northern Thailand.
The law firm also brings together a team of experienced lawyers who can represent clients at court in civil, criminal, family law and other matters. The firm’s strength is its ability to offer specially-tailored solutions to the particular needs of its clients, many of whom have never before lived or invested in Thailand.
For this reason, the partners, Thai lawyers and legal team, have been chosen for their knowledge of Thai law and practice and their ability to convey important legal points in an easy-to-understand way. Communication in a cross-cultural setting is particularly difficult in a country for which English is not the primary language of business, such as Thailand.
For that reason, lawyers and advisers at Chiang Mai Lawyers make it a point to insure effective and timely communications with each of their clients, to include summary client updates e-mailed weekly.
Further, our English speaking lawyer is available by telephone to answer any questions or provide any clarifications. Chiang Mai Lawyers’ attorneys will make themselves available for urgent consultations on Saturdays if need be to accommodate their client’s travel plans.
Setting up a company in Thailand is relatively easy and can take place in a period as short as five to seven business days. There are various business structures available to suite the particular needs of clients, ranging from international firms wishing to establish branch offices in Thailand to small owner-operated companies providing services in major cities or resort towns in the Kingdom.
The most popular form of business in Thailand selected by foreign private investors is the Limited Company because it is easy to set up and maintain. There are limitations however in the types of businesses that can be majority-owned by foreigners under Thai law, and CNX Legal Consultant’s advisors and lawyers will guide you through the options to insure you choose the best business structure for your needs.
There are linkages that exist under Thai law between the structure of a business; the requirement for work permits for foreigners employed in a company; the minimum number of Thai employees needed; and compliance with Thai tax, accounting and social security laws and regulations.
For that reason, it is important to have a total overview of your business plan from the outset to insure all legal requirements are covered. CNX Legal Consultant’s advisors have years of experience in setting up and managing businesses in Thailand and will assist you at every step of the way to achieve the desired result.
American nationals, under a special Treaty concluded with Thailand in 1966, were granted special privileges to majority-own their own businesses in Thailand under certain circumstances. This privilege continues to be made available to all citizens of the United States of America, although Thailand has begun negotiations to revise terms of this agreement.
Until new terms have been agreed between the two countries, so-called “Amity” companies continue to be established allowing Americans to fully- or majority-own businesses without the need for Thai partners. Although there are some exceptions, most types of business qualify for this special privilege.
At CNX Legal Consultant, an American business advisor will meet with you to review your proposed ownership structure and business plan and advise whether you qualify for the privilege. If you do, CNX Legal Consultant will endeavor to obtain the US Embassy and Thai Ministry of Commerce approvals needed so you can set up your new company as soon as possible.
The ownership of land by foreign individuals or foreign companies in Thailand is prohibited by law, with very few exceptions (among which are individuals investing over THB 40 Million in government bonds, and companies with Thailand Board of Investment privileges).
Generally-speaking, foreigners wishing to invest in buildings and/or land in Thailand must consider alternate structures or mechanisms available under the law, the most popular of which are the property holding company; leasehold ownership; and various modes of land occupancy, among others.
Since 2006, Thai governments of the day have reviewed current laws and regulations, made some proposals for statutory changes, and implemented some new regulations. This eventually led most law firms in Thailand to revise their recommendations to insure their clients were in compliance with not only the letter of the law but also its intent. New mechanisms evolved that meet Thai legal requirements, and these must be reviewed with any investor prior to signing an agreement to purchase Thai property.
The classification of land under Thai law is complex, and only some categories of land carry clear ownership rights. Land designated as forest or agricultural land frequently does not carry freehold status and cannot even be leased to individuals, be they Thai nationals or otherwise. So it is important that any foreign or Thai investor intending to make an investment in land or buildings consult with professional legal advisors before committing to any property purchase in Thailand
The classification of land under Thai law is complex, and only some categories of land carry clear ownership rights. Land designated as forest or agricultural land frequently does not carry freehold status and cannot even be leased to individuals, be they Thai nationals or otherwise. So it is important that any foreign or Thai investor intending to make an investment in land or buildings consult with professional legal advisors before committing to any property purchase in Thailand.
Our property lawyers at CNX Legal Consultant, with extensive knowledge of the real estate market in Thailand, is best placed to help any potential investor navigate his or her way through the complex issues of land title deeds, purchase agreements, mortgages and Land Office regulations and fees.
Our real estate lawyers and foreign advisors are available to meet with potential property investors concerning residential or commercial land and buildings. It is best to meet with an advisor prior to making any firm commitments to purchase or lease.
Foreigners wishing to remain in Thailand for an extended period of time may apply for any number of long-stay visas at Thai Embassies or Consulates abroad. In most cases, such visas will be granted for a period not exceeding 90 days following entry into Thailand. The visa can then be extended at a local Immigration Office for the maximum allowable period of extension, usually a year following the first date of entry.
The most popular long-term visas requested by foreigners:
to allow the applicant to work in Thailand (obtained in conjunction with a work permit)
to allow a foreigner married to a Thai national to live with his/her spouse in Thailand
to allow the married spouse of a foreigner holding a long-term visa to accompany his/her spouse for that same period of time; this visa also applies to children under the age of 20 accompanying parents with valid long-term visas in Thailand
to allow a parent to come to Thailand to take care of his/her Thai child or a foreign child enrolled in a recognized educational institution
to allow an individual to attend recognized academic courses in, for example, the Thai language
The registration of marriage in Thailand is a relatively straight-forward and simple process. The two parties appear at the registrar’s office in any district of Thailand with identification documents (Thai ID card in the case of local citizens, and passports in the case of foreigners).
The parties must also present documents to prove they are eligible to marry under Thai law, i.e. if previously married, that they are now divorced or widowed. In the case of foreigners, such documentation is obtainable from their country’s embassy in Bangkok.
An important element of Thai marriage registration is the statement of assets owned by the two applicants. This basic statement, called a pre-nuptial agreement, may be given verbally to the registrar at the time of registration; but it is highly recommended that it be presented in writing.
It will list the assets owned by both parties prior to their marriage, including bank accounts, property, vehicles, etc. wherever they may be around the world. These assets will not be considered “conjugal property” (co-owned by both spouses) and cannot be claimed by either spouse later should the marriage be dissolved.
If for any reason, the two parties in a Thai marriage decide at a later date to dissolve the arrangement, they may present themselves to the registrar at the same district office where they were married, and file for an uncontested divorce.
In such a case, the divorce will be granted immediately, but the Thai registrar will want to know how conjugal (marital) property is to be distributed; whether there is an agreement to provide support to the other spouse, and if there are children, whether there is an agreement on child support.
In the more difficult case of a dispute leading to a contested divorce, an effort will be made to achieve a mediated settlement, to include clauses about financial support to the spouse and any children, distribution of assets and any other matters requested by the parties. Such a settlement can be achieved within a week or two, provided no major issues interfere.
In the worst case scenario, an approach will be made to the Thai Family Court to achieve a court ruling about the terms of settlement. Given the importance of the marital–and parental–relationship and the legal issues surrounding the rights of spouses and children; and because of the financial implications of the ownership of cash assets and property, it is critical that two individuals contemplating marriage in Thailand—or divorce—get competent advice and assistance prior to entering into legally-binding arrangements.
CNX Legal Consultant’s professional team of family lawyers and advisors has many years’ experience dealing with marriage, divorce, child custody and marital property rights issues. Get the best professional advice prior to making important commitments that carry life-long implications by speaking with CNX Legal Consultant.
From time to time, disputes will arise between parties to any agreement, be it one that concerns a business partnership, a marriage relationship, property, etc.
The most efficient approach is to settle the dispute in an amicable way without having to resort to litigation in a Thai court of law. Such an out-of-court settlement is achieved through a process called mediation, and hopefully brings about a satisfactory result within a much shorter span of time than expected from lengthy court proceedings.
Mediation in Thailand is frequently employed in marital disputes concerning property or child custody, or disagreements arising among business partners. CNX Legal Consultant employs licensed Thai lawyers and experienced advisors to review the circumstances leading to the dispute and related documentation. Following this, a proposed strategy will be devised to achieve a settlement and be discussed separately with the two opposing parties.
In most cases, a final mediation agreement can be achieved in a matter of 2-4 weeks and not require any court action. In the few cases where a settlement cannot be achieved out of court, Chiang Mai Lawyers’ expert team of attorneys and licensed Thai barristers can take a dispute to a formal trial to obtain a decision by a court of law.
In some cases, the nature of the offense or dispute requires an immediate referral to police investigators or a court of law. This can be handled, on an expedited basis if need be, by CNX Legal Consultant’s lawyer team of civil and criminal litigators.
If a client’s case requires the immediate involvement of police investigators, CNX Legal Consultant’s lawyer can coordinate with the local police authorities and the courts to achieve an urgent resolution of the problem.
Whether your legal problem in Thailand is resolved by mediation or formal court action, CNX Legal Consultant’s lawyer will carefully explain the legal principles that underlie your case, propose options for moving forward, timelines and estimated costs.
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