JT Legal

Company Registration

Planning to set up a company in Thailand? Why not, stating the facts that for over the last four decades, Thailand has made remarkable progress in social and economic development, moving from a low-income country to an upper-income country in less than a generation plus it is the second-largest economy in Southeast Asia that has been recognized by the World Bank. The same very reasons why doing business in Thailand is one of the most attractive investment destinations in the world.

As such, Thailand has been one of the widely cited development success stories in social and development indicators, with sustained growth and impressive strategic location, thus business in Thailand continues to expand from time to time attracting a rising number of foreigners to invest or set up an enterprise. Foreigners not only invest in existing companies or put up its own establishment in Thailand, they also venture into the expansion of their own branches.

Starting a business in Thailand can be a daunting process but getting it all right can be a promising abundance of opportunity especially in the following sectors such as; import and export in general, industrials and service fields.

But before you even consider this venture, you need to arm yourself with the basic knowledge of Thai business law concerning all matters involved as well as to make your way to efficiently and effectively go through the process of obtaining all necessary procedures to put up your own business. If this is somehow gives you the feeling of dispiriting to start with, well don’t be because this is where our expertise can help you go through all that without the hassle and delays.

Here at JT Legal Consult we provide an efficient, cost effective and a fast track business set up in a matter of several working days, given the experience of being well familiarized on the procedures and process to the Department of Business and Development Office. in addition, these are all made possible with the vast professionalism of our Corporate and Civil Lawyers who have more than 30 years of experience in the said fields, in which comes handy to give our clients protection from incorrect assessment of tax liabilities, overcharging and other occurrences that can also be explained to clients in a more understandable and less complicated terms. Therefor JT Legal Consult can be your reliable ally that will give you a premium help and guidance to every step of the way in achieving your business goal in the Kingdom of Thailand.

What type of business can a foreigner own in Thailand?

There are several types of businesses that a foreigner can acquire in Thailand, among of which are as follows;

1.Company Limited – This kind of company is formed with a capital divided into equal shares, the liability of the shareholders being limited to the amount unpaid on the shares repeatedly held by them. It is the most popular being the Thai limited company, which is most likely to be your preference too, since it gives you the advantages of being able to operate in a category that is normally reserved for Thai locals, it requires lower registered capitals, and gives you the right to obtain a business visa.

Company’s name (both in Thai and English)

Office location/ House registration

Business objectives

Registered capital with divided shares in an equal value.

At least 1 Director, Auditor and a minimum of 3 promoters.

Gathering all of this documentation requires a certification of a corporate lawyer and could be a complicated process and may take several weeks to complete due to the registration procedures and the majority of the documents and forms are all written in Thai. That’s the reason why a service of a Lawyer is highly recommended. In JT Legal Consult we specialize(d) in the process of obtaining all this procedures through our years of experience in the field of business registration in the most cost effective and efficient way that meets and even surpasses all our client’s expectations.

2.Limited Partnerships – This type of Partnership is very different compared to a Thai Partnership given that in this, one partner’s liability is limited while the other partner’s liability is unlimited.

Limited partnership MUST be registered unlike any other Thai Partnership.

3.Representative Office – A Representative Office is the type that has limitation on activities as outlined below:

Reporting on business movement in Thailand

Providing advise related to products that are being sold to distributors or customers

Sourcing goods and services in Thailand

Inspecting and controlling the quality and quantity of goods purchased or order to be manufactured in Thailand

Introducing information regarding new products or services.

JT Legal is a full Thai Law firm. Our team of Thai lawyers and Business Advisers can provide you with an adequate walkthrough in registering a Representative Office in Thailand.

4.Branch Office – Compared to the Representative Office and Regional Office, Branch Offices under Thai Law are not limited to the “non-trading” activities. This is a type that allowed to earn income.

The Branch Office’s liabilities arising from the action of the business in Thailand will not be limited within Thailand but extends to the head office overseas.

Under Thai law, the branch office is also governed by the Foreign Business Act. If one of the office’s activities falls under Foreign Business Act, it will require a Foreign Business License (FBL) to conduct activities in Thailand.

If you require further more information our team of Corporate lawyers that can provide you with the most accurate information regarding business establishment.

FAMILY CASE

At JT Legal Consult, our attorneys offer expert legal services in family law, including divorce, asset division, and child custody matters. We understand the sensitive nature of family disputes and provide personalized legal advice tailored to your unique situation. Whether you are navigating a divorce, seeking a fair distribution of marital property, or fighting for parental rights, our experienced lawyers are committed to securing the best outcomes for you and your family.

Our team has a comprehensive understanding of the best ways to plan for your family's future, and when necessary, our experiences and tenacity come forward to fight for you in the courtroom. The skilled attorneys at JT Legal Consult consistently offer expert guidance and exceptional counsel. No matter the legal challenge you and your family face, we are always in your corner.

VISA/WORK PERMIT

Dealing with Visa and Immigration matters is the heart of the firm that makes us who we are. Our highly efficient and cost effective international standard of service are the key factors why our clients are growing in

JT Legal Consult is an international full-service law firm offering a comprehensive range of legal services that provides professionalism through the high standard of service we deliver in a timely and accurate manner with a very reasonable and competitive rate.

Call us today for a free consultation or better yet drop by our office from 8:30am-5:30pm to discuss your issues over some coffee with our legal team of advisors.

Criminal Case

Whether you are facing a criminal charge or would like to file a criminal case to an offender you would need to engage to an experienced lawyer, in addition you may also need to place a significant trust in the lawyer that you choose to properly defend your rights, protect your reputation and ensure that your voice is heard.

The Thailand Criminal Code is the codified system of law, or body of laws concerning crimes and offenses against “the public” or against another person and prescribing a penalty for the one who violate it. Some of the most common offences that foreigners come across with are;

Offences relating to Counterfeit and Alteration

Offences against Life and Body

Offences against Liberty and Reputation

Offences against Property

Offences of Cheating and Fraud

These violations are punishable under the Thai Criminal code with certain degree of penalty depending on the gravity of the offence this can range from paying a fine to getting incarcerated or even the most worst death sentence.

If your circumstances fall under this situation, here are some guide lines of what to do;

The side of the Defendant

Initially, you may want to inform your local embassy and notify the consulate. The consulate may somehow take action to reduce your charges against you depending on the case, but the least they can do is to contact your relatives to inform your current situation, moreover the consulate will provide you with some of the basic Thai legal procedures, along with a list of attorneys’ you can contact with.

In an event that you do not have your own lawyer to represent your behalf in the court, The court is mandated to provide you with one but bear in mind that this lawyers are most likely to be in experience and most likely to have a limited proficiency in English, taking into consideration that your best interest is to let your lawyer review your case before deciding to take your next course of action to bring forth in the court proceeding.

Bail-out

If a warrant of arrest has been served to a suspected criminal law offender a motion of request to bail-out can be requested from by a Thai lawyer and will be subject for an approval depending on the gravity of offence by the court of law.

The side of the Complainant

There are two options if you are the plaintiff;

First, you may want to file a report to the police station within the same district where the incident took place, it is in your best interest to file the report as soon as possible right after the occurrence of the incident, in this case you may do this by yourself but it is more likely to be bit complicated due to the proper process given that you do not have any background of your situation.

Therefore, it is advisable to consider getting an advice or an assistance to a lawyer that you can speak to in your native language or better yet in English to express your complain more precise.

Secondly, the complainant may go directly to file a lawsuit to the court, wherein, it is highly advisable to get an assistance from a competent Thai Lawyer who has an experience representing both sides (Defendant and Complainant) to gather all necessary relevant evidence to protect your rights and make sure to that you get compensated according to your case and bring justice in the court of law.

Therefore, if you ever find yourself in this situation, you may seek for an experienced English speaking Thai Lawyers by contacting us at JT Legal Consult.

What is a trademark and how can someone register it under the Thai law?

A trademark is a sign that distinguishes the good and services of one trader from those in others. Typically, a trademark can be words including e.g.

Personal names

Indications

Designs

A combination or Separate Letters, Numerals and Characters

Shape of the goods or their packaging

(or any combination stated above)

A sign must be capable of being represented graphically in order for it to be registered as a trademark. However, like in most other countries trademark is registered under the Department of Intellectual Property, in Thailand it is almost the same adding only that it falls under the Thai Ministry of Commerce, in addition Thailand uses its own system to classify Goods and Services.

Registering a trademark in Thailand is subject to the following 3 criteria;

A Trademark must be distinctive

A Trademark must not be prohibited by the Thai Trademark Act

(This Act prohibits the registration of a trademark which contains any of the following)

Any royal or government emblems or seals

National or royal flags

Royal names or any representation or reference to the Monarchy

Symbols of any international organization

A Trademark must not be similar to any mark that already registered by other traders.

In Thailand a registered trademark has a validity of ten years starting from the date of filling the application, the renewal of trademark rights will require an applicant or their agent to file an application for the extension within 90 days prior to its expiration date. Registering a trademark in Thailand will require an applicant or their agent to have a permanent business address in Thailand. Foreign traders are advised to appoint a Thai agent through a power of attorney to register the trademark on their behalf.

In addition, trademark registration application must also be completed in Thai language, this is where our team of professional legal assistance at JT Legal Consult can help you walkthrough this process in the convenience of your preference, simply give us a call or visit our office for a free consultation.

What is the advantage of drafting a Thai Will?

A last will and testament is a legal documents that lets you as the testator (person making the will) designate individuals to receive your properties and possession or any other assets such as bank accounts, vehicle and personal valuable items when you passed away, this can either be done in your home country or in Thailand,  the only thing you need keep in mind is if you decide to do your will in another country is that all the documentation must be translated into Thai, notarized and may cause other legal procedures, but then of course you would not want to cause additional stress to your family during the time of your demise, therefore it is strongly advise to draft your Thai will for your properties in Thailand.

In a very common situation upon the death of a foreigner in Thailand, the government officer will ask the family for a copy of a Will or they will seek the deceased person’s lawyer for this document, given the facts that there are a lot of things that can happen to your property if you are not aware of your legal rights in Thailand upon your passing. Therefore, it is imperative to anticipate all these given factors and seek for the assistance of someone who are extremely familiar of the system and process for the benefits of all parties involved.

JT Legal Consult experienced lawyers can help you draft your Thai Will ensuring that your properties in Thailand will be going to your chosen beneficiaries in an event of the unexpected occur. Make an appointment to us for an initial consultation on drafting your will in Thailand.

Who are the governing bodies that protect the rights of the employees under the Thai Labor Act? 

In Thailand the legal rights of the workers or employees are covered by several labor legislations, among of which predominantly are the Labor Protection Act BE 2541. In the branches of the matter includes in some cases the Labor Relation Act, the Social Security Act, the Provident Fund Act, Workmen’s compensation Act, and the Alien Working Act of 2008 that covers with foreigners working in Thailand. Administering the laws and the rights with regard to labor issues are all directly under the jurisdiction of The Ministry of Labor and Social Welfare via Department of Labor Protection and Welfare What are the employees’ rights under these laws? Labor Protection Act BE 2541, the above laws enumerate the employees’ limited rights such as; Allowable Vacations, Sick Leaves and Holidays Compensation Privileges Welfare Funding Working Hours Workmen Securities Work Restrictions Labor Protection Act BE 2541 also provide the grounds for the dismissal/termination of employees, including the provision of severance compensation of employees.

 How can a worker be entitled for a severance pay? 

Any violation on the guidelines provided by law is a cause for the worker to file a labor case against his/her employer. However, the most common case brought before the labor authorities is illegal dismissal or unlawful termination. Complaints regarding this matter should first be resolve through a diplomatic settlement between the employee and the employer with the assistance of a lawyer. If the settlement of the issue is impossible to be made provided with some probable cause against the offending party only then it may be recommended to file an appropriate labor lawsuit.

Exemptions to Severance Pay Under the Labor Protection Act

Under Section 119 of the Labor Protection Act BE 2541, an employer may refuse to pay severance pay to an employee under the following specific circumstances:

Dishonesty or Offenses Against the Employer: If the employee performs their duties dishonestly or deliberately commits an offense that harms the employer, such as fraud or theft.

Willfully Causing Damage: If the employee intentionally causes damage to the employer’s property, business, or interests.

Negligence Causing Serious Damage: If the employee’s actions or negligence result in significant damage to the employer, such as loss of business, financial harm, or reputation damage.

Violation of Work Rules: If the employee violates a lawful and just work rule, regulation, or order issued by the employer, after receiving a written warning.

Absenteeism: If the employee is absent from work without a valid reason for three consecutive days, even if public holidays fall within the period.

Imprisonment by Final Court Judgment: If the employee is sentenced to imprisonment by a final court judgment, meaning they have been convicted and cannot continue their employment due to the incarceration.

Legal Advice and Representation

While an employee may file a claim or labor lawsuit without a lawyer, seeking legal assistance is highly recommended, especially in cases involving complex issues like exemptions to severance pay. The proceedings and documentation for labor cases in Thailand are conducted in Thai, so having a Thai lawyer will ensure that all legal aspects are properly managed. A lawyer will help protect the employee’s rights and provide expert representation in court, maximizing the chances of securing compensation and other claims. A Thai lawyer will also ensure that all relevant claims are presented in the most effective manner, safeguarding the employee's interests.