Posted by Patrick Moreau on December 28, 2022 in Legal
Lawyer support in Thailand from 3LawyersThailand today: Legally a long term lease or leasehold agreement can under Thai law best be described as a prepaid tenancy contract. Lease is in the Thailand Civil and Commercial Code placed under the chapter ‘specific contracts’, meaning that it is not a real property right (asset) or true leasehold but a personal contract right primarily attached to the lessee. Lease in Thailand is not a fixed asset. A lease agreement in Thailand can be terminated premature (breach of lease contract), cannot be mortgaged, is under rent of property laws not automatically inheritable and the lessee only has a legal right to sub-let and assign the remaining period left on a lease when this is agreed in the lease agreement. Assignment of the lease agreement always requires cooperation and approval of the owner of the property and registration at the Land Department (which can only be done by the Thai owner). Client consultant: A dedicated client consultant will be assigned to your case to help you find the best lawyer. Read more information at Click here to find a lawyer in Thailand.
In wanting to evade payment of legal fees, many resort to purchasing these “services” via online legal providers. Contracts and agreements are paid by templates and parties are merely required to fill-in their particulars to complete the instrument. This has proven to be enticing to many, the forethought of savings being their greatest consideration. However, consequences are realized much later, when unexpected twists surface and unpleasant results unfold. In the end, parties are left with no choice but to redo what has been done before, or to go to court for an unpleasant legal battle. This of course, translates to more expenses which should have been avoided from the beginning.
In order to apply for one standard foreign employee’s work permit in a limited company the employer/ foreigner is required to submit the documents as listed below: Application form signed by the employee; Letter of employment from your company signed by the authorized Director of the company; Company Affidavit/ Certificate of Incorporation and a copy of the list of shareholders (copies signed by authorized director); Audit report, balance sheet for 3 preceding years. If you do not have this, we have to provide an explanation letter stating that the company is less than 12 months old. The authorized Director is required to sign this letter; Employee’s personal income tax declaration form or withholding tax form. A failure to show that tax has been paid correctly will seriously prejudice the employee’s work permit application; A written report stating the employee’s activities and declaration that the activities comply with the conditions stipulated in the work permit booklet. The authorized Director is required to sign this report; Map of the location of the company signed by the authorized Director.
In case foreign freehold units in a condominium project are no longer available the remaining units may be leased to foreigners. Normal hire of property laws apply to the lease of a condo by foreigners. There is no separate law issued regulating the lease or rent of condominium units by foreigners as opposed to buying a condominium. Foreign ownership only exists in a condominium registered and licensed under the Thailand Condominium Act. Common in the tourist areas of Thailand are apartment buildings not registered and licensed as a condominium. These apartment buildings are basically like any other building and the owner can rent out parts of his building under his own terms and conditions. Unregistered apartment buildings could for example be sold as a kind of time sharing in which the units are sold through leases to many different parties each having a specified block of time during which they may use the apartment.
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