SunbeltAsiaExpert

In Bangkok you can try http://www.woodltd.com/metal-gates.htm or if you are interested in something unique speak with Ashley Sutton the owner/blacksmith at http://www.theironfairies.com/ who creates many interesting works in metal at his shop/restaurant/Jazz club on Thong Lor (See http://www.cnngo.com/bangkok/shop/iron-fairies-bangkoks-latest-it-venue-958296 ).

www.sunbeltlegaladvisors.com

Non-Thai Nationals in Thailand cannot work legally without the proper visa and a valid Work Permit. Foreigners who call themselves “freelancers” are sometimes looking for work but do not have the proper visa or a Work Permit to do work legally in Thailand. They need to be employed by a company that is operating legally in Thailand and that means either for a registered Thai company that they own or one that operates here legally (i.e. A Thai Company Limited, an Treaty of Amity Company, or a licensed Representative Office of a foreign company). Paying someone to perform work while in Thailand without the person being eligible to work here is illegal. We do not give tax advice regarding foreign countries so you will need to discuss your companies home country’s tax laws with a licensed tax professional. When doing business with people/business in Thailand it is highly suggested that you perform due diligence on the company/individual’s legal status. If you would still like to work with foreign nationals living in Thailand have them set up a legal company to do so. It is safer for you as a company and safer for the individual(s) you seek to work with on projects.

www.sunbeltlegaladvisors.com

In the process of setting up a company, the initial shareholders, legally called “promoters”, are identified as owning shares in the company (the minimum number of shareholders/promoters required to form a company is 3 parties). By Thai law, the minimum paid up capital is 25%, which means that part of the investment should be at least 25% in the form of cash as a startup capital that must be issued or remitted to the company following the company’s registration. The amount per share will depend on the amount of Capital declared in the company’s Memorandum of Association and the number of shares issued (e.g. 2 million capital, 1000 shares issued = THB2,000 per share [officially known as “Par Value”]). While the other 75% of capital can be in any form of assets (i.e. furniture and fixture, equipment, inventory etc.), it must be remitted into the company as declared on the “Balance Sheet” of the company usually at the end of the accounting year. It should be noted that when paying up the registered capital via the use of assets that notice needs to be provided and indicated upon the company’s establishment and a full description of the item(s) must be provided. For example, if a party is paying for his/her shares in the form of a vehicle being owned/operated by the business, they must provide the car’s brand, model, chassis number, and engine number as well as proceed with the transfer of ownership from his/her name into the company’s name. The common accounting equation will apply to the business, that is Assets = Liabilities + Capital (Owner’s Equity).

Soon after registering the company, an official list of shareholders form (Bor Or Jor 5) shall be issued by the Ministry of Commerce reflecting the name of shareholders and the percentages of shares they hold, the total shares issued, the amount of capital and the amount of paid-up shares. These shares can never be forfeited unless you signed a share transfer form reassigning it to another shareholder. Such reassigning will not be officially recognized by the Ministry of Commerce until the Authorized Director files them with the Ministry. Moreover, all the shareholders must be notified by registered mail should there be any statutory meeting to be conducted or if they intend to make any substantive changes to the company. While it is the Managing Director who controls and manages the day-to-day affairs of the company, the shareholders have the supreme decision in approving such matters during the statutory meetings by means of voting (note that voting rights are also dependent on the type of shares and the amount of shares the party owns). As a shareholder in the company, you should have been issued a Share Certificate with your name written on it and showing the amount (and type) of shares you own. Lastly, each company should be equipped with Share Registration Book which is like a track record of all shares and transfers among shareholders which will also refer back to the original Share Certificate issued.

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You may employ any person who is legally allowed to work in Thailand. A Burmese citizen that is in Thailand on a valid visa (i.e. a non-immigrant visa and not a tourist, education or retirement visa) can be employed so long as your company has the requisite number of Thai nationals employed, made proper/timely payments into the Thai social fund for your employees, and have the required amount of registered capital to allow your company to sponsor a Work Permit for a foreigner to work in Thailand. In practice, employing citizens from Burma, Cambodia and Laos to work in "blue collar" or in manual labor jobs often also requires a potential employer to perform additional tasks to get the these foreign nationals eligible for employment in Thailand. The Labor Department will require the employer to confirm with the local District office about the status of these foreign nationals and they often check the areas quota of Burmese, Cambodian and Laotian workers. These additional tasks are a way to protect local Thai laborers from competition from foreign nationals from these nearby, poor countries as the Thai government doesn't want these nationalities to take away jobs that Thais could be doing.

Some companies do not need to perform these additional tasks to hire workers from Burma, Cambodia or Laos. These would be companies hiring nationals from such countries but hiring them to perform "white collar" professional or technological type jobs in Thailand.

www.sunbeltegaladvisors.com

By nature the deposit would be kept with the Lessor for the purpose to offset against any damages. Should there be any damages to the vehicle caused by the Lessee, the said deposit shall be utilize to restore and/or repair the vehicle. In the case if the vehicle was insured under the First Class insurance policy, the deposit would be apply to costs and expenses in making the claim with the insurance company (also known as “Except Fees”). But you should check the content the rental agreement executed. On the coverage and responsibility of each party.

Initially the Lessor (Car owner) should contact the Lessee to resolve the issue.It would be difficult to track him (lessee), if he does not have a work permit or a long term visa. As such documentation requires his local address in Thailand (whether it’s the work place and/or the residential address). Otherwise file a lawsuit for the damages would be a lengthy process and the Thai court would have to serve the court order through the Ministry of Foreign Affairs of each country.

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Custody of a child is naturally borne by the mother unless there are substantial grounds that the mother is incapable of taking care of the child. Based on Thai Law, an unmarried father of a child has no parental rights whatsoever over the child even if the father’s name appears in the Birth Certificate of the child. There are two ways in obtaining parental rights over the child: 1) by marriage – this grants the father immediate rights over the child; 2) for an unmarried couple, by court order or affidavit at the District office. If the child is above 7 years old, you may simply obtain an affidavit of child custody at the District Office. This usually just takes a day or two. However, if the child is below 7 years old or is unable to recognize the father, then a court order must be obtained which usually takes 6 months or so. Disputes about parental rights and custody are also dependent on which jurisdiction of law is responsible. While Thai Law explicitly states that the unmarried father has no parental rights over the child this only has direct application in the courts of Thailand. Other courts in different countries have different views on this subject, hence, the local law will apply on that particular court where custody/visitation are being raised. Lastly, if you are married out of Thailand, you must obtain an affidavit at the District Office in order for the marriage abroad to be recognized. This document is called Kor ror 22 or commonly known as “Report of Marriage Abroad”. This then grants the father immediate parental rights under Thai Law.

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Each Bank has rules about what certifications are considered acceptable. Barclays Bank designates the following:

• a Barclays (or ABSA) branch member of staff, who should

use the office/branch stamp

• a member of staff at a major international bank

• a consular or embassy official from your consulate

or embassy

• a qualified lawyer who is a member of the National

Legal Association in a Financial Action Task Force (FATF)

Country(Argentina, Australia, Austria, Bahrain, Belgium, Brazil, Canada, Denmark, Finland, France, Germany, Greece, Hong Kong/China, Iceland, Ireland, Italy, Japan, Kuwait, Luxembourg, Mexico, The Netherlands, New Zealand, Norway, Oman, Qatar, Portugal, Russian Federation, Saudi Arabia, Singapore, South Africa, Spain, Sweden, Switzerland, Turkey, United Arab Emirates, United Kingdom, United States) or equivalent

• a notary public in Europe, USA or Canada

It would appear that those in Thailand would have the option of using their Embassy or possibly a senior staff member at a Bank of America, JP Morgan Chase, Bank of Tokyo-Mitsubishi, BNP Parisbas, CitiBank, or a HSBC Bank branch in Thailand. . We can liaise with senior international bank staff if you need our assistance.

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Not in all cases does a foreigner qualify for 100% ownership of a Thai corporation. It depends on the nationality of the foreign shareholder and on the business objective(s).

For a business objective of operating a guesthouse in Thailand you do not qualify for 100% foreign ownership without a Thai individual or corporation holding 50.01% of the shares.

BOI could be a option if you were investing in a 100+ room hotel in certain regions of Thailand. Such a project must start from scratch, which means that you cannot simply be investing in an existing hotel business and still qualify under BOI.

Unfortunately, there no Treaty between Thailand and England that is similar to the US-Thai Amity treaty.

You are looking for an option other then applying for the Foreign Business license.

If you plan on continuing to operate the guesthouse this is not a business objective which allows majority of foreign shares. You cannot own 50% of the shares as a foreigner in such a Thai corporation.

www.sunbeltlegaladvisors.com

Foreigners can easily get legally married in Thailand. We are happy to assist you in this matter and suggest that you act expeditiously if you only plan on being in Bangkok a few days. Thai marriage is considered legal in most countries of the world. Both parties will need to visit their respective embassies to obtain a "Affidavit of Freedom to Marry". This basically states they are not already married. They will need to provide divorce or death certificates if such is applicable.

We will then legally translate both affidavits and our lawyers will have the translation notarized, and the consul signature verified at the Ministry of Foreign Affairs. The government fee for this is 400 Baht per document. Translation, notary, and signature verification process is normally 2-3 days. A power of attorney (to verify the documents) could be given in the case if the Foreigners are not available to visit the said ministry.

After you have the completed documents you are eligible to marry in Thailand at any local District Office (also known as amphur). Please Note: If you are interested in a Pre-Nuptial agreement, it must to registered at this time. *

Our professional fees are 10,500 THB plus VAT and any traveling costs. Please call or email to set up an appointment.

www.sunbeltlegaladvisors.com

According to the Alcohol Beverage Control Act B.E.2551 (2008 A.D.), under section 28 it states that: “Sale of alcohol beverage is prohibited on the date or time announced by the Minister with consent of the Committee. In this regard, such announcement may indicate conditions and restrictions as deemed necessary.

The provision in Paragraph 1 above shall not apply to sale of alcohol beverage by manufacturer, importers or agents to the sellers authorized by the law governing liquor.”

Such act were based on the Announcement Number 253 (dated November 16, B.E. 2515) (1973 A.D.) made by the Council for National Security.

The recent announcement identified eligible hours for retail sales of alcoholic beverages to be between 11.00a.m. to 02.00p.m. and between 05.00p.m. to 00.00a.m.

From this interpretation, only for Liquor Store Wholesalers would be eligible to sell (that is no less than 10 litres per transaction). If less than this, such shall be considered as retailing and a violation of the law. This includes sales of alcohol at a restaurant.

Exceptions were made for Hotel Businesses, airports, train stations, Terminal bus stations, piers (but they must obtain prior approval which can be made at the Local Police Station which is then to be forwarded to Commissioner of the National Police Office). There is no general exception for a restaurant just because they sell food with their alcoholic beverages as is often stated but not so under the actual law.

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Foreign nationals are unable to purchase shares directly on the Stock Exchange of Thailand (SET) but they can buy stock shares but only on the SET’s Foreign Board of the Thai Stock market (http://marketdata.set.or.th/mkt/stockquotation.do?symbol=THAI-F&language=en&country=US).

If you wanted to daytrade, you may think if you can handle the risk using the Set 50 index futures on the TFEX. http://www.tfex.co.th/en/index.html

Information on day trading in Asia is available at http://www.trirachmat.com/asian-penny-stocks.html.

www.sunbeltlegaladvisors.com

Signs that are liable for the “sign tax” are any signs that illustrate name, brand, trade name, trademark, or are intended for commercial purposes.

Signs that are exempted from the tax are signs that are displayed at the recreation facilities, specifically those within the recreation area which are for that specific recreational event, signs that are used on product packages, signs that are only temporarily displayed, signs that are displayed on human beings and/or animals, signs that are displayed in the indoor area of the business premises.

Sign taxes are calculated by the size of the sign, that is length x width using the basis of square centimeters.

The following are the rates of the sign tax per 500 Square centimeters

· 3 Baht for signs with Thai alphabet only

· 20 Baht for signs with mixture of Thai alphabet and foreign alphabet / pictures / other signage

· 40 Baht for signs without Thai alphabet or

with Thai alphabet, but located under the foreign alphabet

An example of the calculation for a sign that has a mixture of the Thai alphabet and foreign alphabet (a size of 400 square centimeters by 200 square centimeters) – would have a rate of 20 Baht per 500 square centimeters. 80,000 Square centimeters divided by 500 then multiply by 20 = 3,200 Baht.

Sign tax must be file and submit at the local revenue office (using the form Phor Por 1)

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1. AMITY TREATY

Americans with a company can set up a treaty under the American-Thai Treaty of Amity. The origins came about allowing both Thais and Americans to have reciprocal same company basis in each other's country. Thus came about the Treaty of Amity and Economic Relations between the United States of America and the Kingdom of Thailand - or Treaty of Amity - May 29, 1968.

The Treaty allows American companies to maintain a majority shareholding or own its company 100%, branch office or representative office located in Thailand. They may engage in any business on the same basis as Thai companies in the USA, and are exempt from restrictions imposed by the Alien Business Law of 1972. There are still areas however, that an American-owned company may not engage in as follows:

1 Land ownership

2 Inland communications;

3 Inland transportation and communication industries:

4 Fiduciary functions;

5 Banking involving depository functions;

6 Domestic trade in indigenous agricultural products;

7 Exploiting land or other natural resources

Amity Treaty registration is still strongly advised as it allows a majority American-owned share company to operate in Thailand. There are currently no changes yet for Amity Treaty apart from what was imposed August of this year that you must register 3 Million baht per company objective. Same rules still apply.

2. INHERITANCE OF LAND

By technicality, you as a foreigner, can still own a house or a building in Thailand as an immovable property. But as far as inheritance of land to foreigners is concerned, the following provisions of law applies:

Section 93 of the Land Code Act states that "A foreigner who acquires land by inheritance as statutory heir can have an ownership in such

land upon a permission of the Minister of Interior. However, the total plots of land shall not be exceeding of those specified in Section 87"

You as a foreigner who is married to a Thai national is considered a statutory heir under the Inheritance laws of Thailand and therefore,

you can apply for ownership according to section 93 of the Thailand Land Code Act. However, as a foreign national, ownership of such

land will not be allowed. It is highly recommended to read Section 93 of the Land Code in combination with ownership under a treaty clause:

Section 86 of the Land Code Act states that "aliens may acquire land by virtue of the provisions of a treaty giving the right to own

immovable properties and subject to the provisions of this Code"

As of the moment, Thailand has no outstanding treaty with any country to allow a foreigner to acquire land and no minister will allow a

foreigner to inherit land in Thailand. The last treaty was terminated in year 1970. Under present laws, any foreigner who acquires land by

inheritance must dispose of the land within a reasonable period (up to 1 year) to a Thai national. If the foreigner fails to dispose of the

land the Director-General of the Land Department is authorized to dispose of the land and retain a fee of 5% of the sale price before

any deductions or taxes. Proceeds from the sale of such land is then inherited by you as part of the will.

Exceptions can be made and the foreigner can be gifted with land ownership of up to 1 Rai, but in practice, we never see that happen as

it has to go through the Ministry of Interior and Land Office (the provincial branch and the head quarter).

The most possible and likely outcome would be for the foreign inheritance to sell the land.

But prior to that stage, an executor of the estate must be establish. If that executor is not the party who would be inheriting the land

(such as the relatives), then the executor can act on the foreign inheritance’s behalf in liquidating the land and pass on the funds to

the foreigner. (matter about trust and faith in the executor)

3. BOI – BOARD OF INVESTMENTS EXEMPTIONS

A Thai registered company (that qualifies for BOI certification) with majority foreign-owned shares may operate similarly as if a Thai Limited Company for as long as the promotion certificate has been issued. In order to receive the investment promotion certificate, the applicant must set up the company within six months of accepting the approval, and submit all of the following documents to the Office of the Board of Investments (OBOI):

– Application form for promotion certificate

– The memorandum of association

– The certificate of business registration

– A certificate stating the registered capital, a list of directors indicating those empowered to bind the company, and the address of the head office

– A list of the shareholders and their nationalities

– A document showing the transfer of funds from overseas, or a certificate of investment from overseas issued by the Bank of Thailand for foreign investors

– A joint venture contract, licensing agreement, technical assistance contract and/or technology transfer contract (if any)

– Form of utility and manpower requirements.

The BOI promotion certificate, once issued, entitles the BOI company with certain advantages and some exemptions. Exemptions vary per zone or area where the company was registered.

(example)

**Zone 1 : includes Bangkok, Samut Prakan, Samut Sakhon, Nakhon Pathom, Nonhtaburi and Pathum Thani

(Bangkok and 5 provinces)

a) 50 per cent reduction of import duty on machinery that is subject to import duty of not less than 10 percent

Corporate income tax exemption for 3 years for projects located within industrial estates or promoted industrial zones, provided that such a project with capital investment of 10 million baht or more (excluding cost of land and workng capital) obtains ISO 9000 or similar international standard certification within 2 years from its start-up date, otherwise the corporate income tax exemption will be reduced by 1 year.

c) Exemption of import duty on raw or essential materials used in the manufacturing of export products for 1 year.

**excerpt from http://www.boi.go.th. For a complete list of zones and exemptions, please visit http://www.boi.go.th/english/about/boi_privileges_by_location.asp

www.sunbeltlegaladvisors.com

There are numerous t-shirt manufacturers in Thailand. A comprehensive database of clothing manufacturers can be found on the website thailandexportguide.com. The web page that lists various clothing manufacturing companies in Thailand is http://www.thailandexportguide.com/showcompany.php?catigory_id=58#.

The website http://www.thaiwebsites.com/fashion.asp also provides useful links to clothing manufacturers. The website alibaba.com provides details of manufacturers who can produce t-shirts with unique designs based upon the requirements of the client. Please visit http://www.alibaba.com/countrysearch/TH/t-shirt.html for further details.

It may also be useful to visit the Jatujak weekend market, next to the Mo Chit skytrain station in Bangkok, where you will find a large number of t-shirt outlets and wholesalers. This market is open on Saturdays and Sundays and is renowned in Thailand for the variety of products on offer.

www.sunbeltasia.com

Sorry, but 20% is the normal percentage for a receivables factoring company. You may be able to find one with a better rate but not likely.

www.sunbeltlegaladvisors.com

You may also contact this firm as they are very reliable on installations and maintenance checks:

Clexpert (Thailand) Co., Ltd.

25/62, Moo 8, Rattana-Thibet Road,

Bangkrasor, Muang, Nonthaburi, 11000

Sales person: Khun A

Tel: 02-969-9200-4

Fax: 02-969-9205

Mobile: 08-5909-9052

Email: [email protected]

Prices range per software/hardware and volume depending on the firm. It can cost about THB 115,000 but you don't need to link it to a bank. If you are referring to credit card swipe machines, these can be obtained from the bank where you have your corporate bank account set up. Basic requirements includes your company affidavit and list of shareholders updated within 1 month and a corporate minutes of meeting request for the bank.

Do you have any questions about getting a Visa for travel/business/retiring/investing in Thailand? Please "ask the visa expert" from Sunbelt Asia here: Thaivisa.com - Ask the Visa Expert from Sunbelt Asia

This information has been provided by Sunbelt Asia Co., Ltd. Sunbelt Asia has been the main sponsor of Thaivisa.com since 2002.

You can contact Sunbelt Asia at (66)2-642-0213 or email us here. Please visit our website for more information on doing business, working, investing, travelling, owning real estate, or starting your own business in Thailand at www.sunbeltasiagroup.com. We are located at 1 Ratchadaphisek Rd., Floor 26, Bangkok, Thailand 10400 and can easily be reached by public transportation.

*This does not constitute legal advice or serve as a substitute for direct legal consultation with a licensed attorney. The information is provided for educational purposes only and it may not account for the specific facts and laws that may be applicable to each individual's situation. Also, there may be changes in the law that may affect your specific case so the answers provided here should not be considered to be applicable your personal situation.

Legal information is not the same as legal advice, which is the application of law by a licensed attorney to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend that you consult a lawyer if you want legal advice specific to the facts surrounding your case. This information does not take the place of discussions with a licensed lawyer and it does not create an attorney-client relationship between readers of the information and Sunbelt Asia, Co. Ltd. or any of its employees.

[sunbeltlegal][/sunbeltlegal]

When setting up you company in Thailand it is very important that you list all the areas in which the company will operate. So long as the Company Objectives designate that your company will be involved in “Export, Import, Wholesale Supply and Retail” there will be no need to form several companies to perform these multiple jobs. Problems arise when individuals either start a new company in Thailand and then want to get into other business areas for which their company was not originally designated or when people buy an existing company and try to do a job wholly unrelated to the original objectives of the company they purchased. When this is the case you will need to simply change the company objectives to reflect what your new (or newly acquired) company will actually be doing. You will also need to have all the necessary licenses required for each objective that requires a license (e.g. manufacturing, running a restaurant, internet café) prior to getting a Work Permit issued.

This can be a cautionary note to all those that are setting up or purchasing existing companies…hire a firm with a history of business set-ups and company transfers so you will not later be forced to make costly changes to your company just to do work you always planned on doing.

Do you have any questions about getting a Visa for travel/business/retiring/investing in Thailand? Please “ask the visa expert” from Sunbelt Asia here: Thaivisa.com - Ask the Visa Expert from Sunbelt Asia

This information has been provided by Sunbelt Asia Co., Ltd. Sunbelt Asia has been the main sponsor of Thaivisa.com since 2002.

You can contact Sunbelt Asia at (66)2-642-0213 or email us here. Please visit our website for more information on doing business, working, investing, travelling, owning real estate, or starting your own business in Thailand at www.sunbeltasiagroup.com. We are located at 1 Ratchadaphisek Rd., Floor 26, Bangkok, Thailand 10400 and can easily be reached by public transportation.

*This does not constitute legal advice or serve as a substitute for direct legal consultation with a licensed attorney. The information is provided for educational purposes only and it may not account for the specific facts and laws that may be applicable to each individual’s situation. Also, there may be changes in the law that may affect your specific case so the answers provided here should not be considered to be applicable your personal situation.

Legal information is not the same as legal advice, which is the application of law by a licensed attorney to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend that you consult a lawyer if you want legal advice specific to the facts surrounding your case. This information does not take the place of discussions with a licensed lawyer and it does not create an attorney-client relationship between readers of the information and Sunbelt Asia, Co. Ltd. or any of its employees.

[sunbeltlegal][/sunbeltlegal]

Registering a company in Thailand based on BOI entitles you to certain benefits and incentives. Such incentives include but not limited to the following:

1) Basic Incentives

The BOI offers two kinds of incentives to promoted projects, regardless of location: tax incentives and non-tax incentives.

a) Tax-based incentives include exemption or reduction of import duties on machinery and raw materials, and corporate income tax exemptions.

Non-tax incentives include permission to bring in foreign workers, own land and take or remit foreign currency abroad.

2) BOI Privileges by location

(Example)

Zone 1 : includes Bangkok, Samut Prakan, Samut Sakhon, Nakhon Pathom, Nonhtaburi and Pathum Thani

(Bangkok and 5 provinces)

a) 50 per cent reduction of import duty on machinery that is subject to import duty of not less than 10 percent

Corporate income tax exemption for 3 years for projects located within industrial estates or promoted industrial zones, provided that such a project with capital investment of 10 million baht or more (excluding cost of land and workng capital) obtains ISO 9000 or similar international standard certification within 2 years from its start-up date, otherwise the corporate income tax exemption will be reduced by 1 year.

c) Exemption of import duty on raw or essential materials used in the manufacturing of export products for 1 year.

In order to receive the investment promotion certificate, the applicant must set up the company within six months of accepting the approval, and submit all of the following documents to the Office of the Board of Investments (OBOI):

– Application form for promotion certificate

– The memorandum of association

– The certificate of business registration

– A certificate stating the registered capital, a list of directors indicating those empowered to bind the company, and the address of the head office

– A list of the shareholders and their nationalities

– A document showing the transfer of funds from overseas, or a certificate of investment from overseas issued by the Bank of Thailand for foreign investors

– A joint venture contract, licensing agreement, technical assistance contract and/or technology transfer contract (if any)

– Form of utility and manpower requirements.

Registration of a company requires minimum 3 shareholders. You may register the company with majority foreign-owned shares (even as much as 100% foreign-owned) but it is only allowed to operate once the BOI investment promotion certificate has been issued. In a normal Thai limited company, the minimum capital in order to obtain a work permit is 2 million baht (1 million if you are married to a Thai national having a Non-immigrant O visa or an extension of stay based on marriage to a Thai national). As far as work permit is concerned, under a BOI approved application, the capital requirement is irrelevant. You may employ as many foreigners as your project requires according to the company’s BOI proposal. Furthermore, the requirement of Thai employees (ratio of Thai vs foreigners 4:1) is non-applicable. You may obtain a work permit as the Managing Directors of the company and enable work permit for other foreign employees depending on the number of foreigners required in BOI proposal.

(excerpt from http://www.boi.go.th/ more info in the website)

Do you have any questions about getting a Visa for travel/business/retiring/investing in Thailand? Please "ask the visa expert" from Sunbelt Asia here: Thaivisa.com - Ask the Visa Expert from Sunbelt Asia

This information has been provided by Sunbelt Asia Co., Ltd. Sunbelt Asia has been the main sponsor of Thaivisa.com since 2002.

You can contact Sunbelt Asia at (66)2-642-0213 or email us here. Please visit our website for more information on doing business, working, investing, travelling, owning real estate, or starting your own business in Thailand at www.sunbeltasiagroup.com. We are located at 1 Ratchadaphisek Rd., Floor 26, Bangkok, Thailand 10400 and can easily be reached by public transportation.

*This does not constitute legal advice or serve as a substitute for direct legal consultation with a licensed attorney. The information is provided for educational purposes only and it may not account for the specific facts and laws that may be applicable to each individual's situation. Also, there may be changes in the law that may affect your specific case so the answers provided here should not be considered to be applicable your personal situation.

Legal information is not the same as legal advice, which is the application of law by a licensed attorney to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend that you consult a lawyer if you want legal advice specific to the facts surrounding your case. This information does not take the place of discussions with a licensed lawyer and it does not create an attorney-client relationship between readers of the information and Sunbelt Asia, Co. Ltd. or any of its employees.

[sunbeltlegal][/sunbeltlegal]

The Anti-Nominee Act was created to prevent foreigners from circumventing the law by merely appointing Thai shareholders as holder(s) of the 51% shares even if they are not actually participating in the business. They are often referred to as “ghosts” shareholders. Whenever there are Thai shareholders in a newly-setup company, the Department of Business Development, in coordination with the Ministry of Commerce, asks for a 6-month bank statement reflecting the actual percentage of investment in the company prior to registration. Should the Thai shareholder invests properties such as land, building, car or other tangible assets, they must show a copy of the registration documents, land title deed or an appraised value of the property. These must then be transferred later on under the name of the company.

Preferred shares on the other hand, limits the voting rights of its holders but does not limit the ownership of the shares in the company. It still must be minimum 51% to Thai nationals regardless of the type of shares owned.

Do you have any questions about getting a Visa for travel/business/retiring/investing in Thailand? Please "ask the visa expert" from Sunbelt Asia here: Thaivisa.com - Ask the Visa Expert from Sunbelt Asia

This information has been provided by Sunbelt Asia Co., Ltd. Sunbelt Asia has been the main sponsor of Thaivisa.com since 2002.

You can contact Sunbelt Asia at (66)2-642-0213 or email us here. Please visit our website for more information on doing business, working, investing, travelling, owning real estate, or starting your own business in Thailand at www.sunbeltasiagroup.com. We are located at 1 Ratchadaphisek Rd., Floor 26, Bangkok, Thailand 10400 and can easily be reached by public transportation.

*This does not constitute legal advice or serve as a substitute for direct legal consultation with a licensed attorney. The information is provided for educational purposes only and it may not account for the specific facts and laws that may be applicable to each individual's situation. Also, there may be changes in the law that may affect your specific case so the answers provided here should not be considered to be applicable your personal situation.

Legal information is not the same as legal advice, which is the application of law by a licensed attorney to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend that you consult a lawyer if you want legal advice specific to the facts surrounding your case. This information does not take the place of discussions with a licensed lawyer and it does not create an attorney-client relationship between readers of the information and Sunbelt Asia, Co. Ltd. or any of its employees.

[sunbeltlegal][/sunbeltlegal]

There are several good, free online sources for lists of companies

doing business in Thailand.

The American Chamber of Commerce in Thailand (http://www.amchamthailand.com/acct/asp/CorpList.asp?MenuCatID=3&MenuItemID=18&SponsorID=136,661),

German-Thai Chamber of Commerce

(http://thailand.ahk.de/index.php?id=117&L=15 ), Franco-Thai Chamber

of Commerce

(http://www.francothaicc.com/en/ftcc-membership/our-members/directory-of-members.html),

and British Chamber of Commerce Thailand

(http://members.bccthai.com/bcct/asp/loginfailed.asp?errcode=1&SponsorID=0)

all have directories of their members that do business in Thailand.

The Thailand Board of Investment also maintains a list of BOI

companies at http://www.boi.go.th/english/about/form_promoted_companies.asp.

The Department of Business Development also maintains a database of companies at http://knowledgebase.dbd.go.th/dbd/Main/login.aspx but you will need to register online at the website to log into the site.

Do you have any questions about getting a Visa for travel/business/retiring/investing in Thailand? Please "ask the visa expert" from Sunbelt Asia here: Thaivisa.com - Ask the Visa Expert from Sunbelt Asia

This information has been provided by Sunbelt Asia Co., Ltd. Sunbelt Asia has been the main sponsor of Thaivisa.com since 2002.

You can contact Sunbelt Asia at (66)2-642-0213 or email us here. Please visit our website for more information on doing business, working, investing, travelling, owning real estate, or starting your own business in Thailand at www.sunbeltasiagroup.com. We are located at 1 Ratchadaphisek Rd., Floor 26, Bangkok, Thailand 10400 and can easily be reached by public transportation.

*This does not constitute legal advice or serve as a substitute for direct legal consultation with a licensed attorney. The information is provided for educational purposes only and it may not account for the specific facts and laws that may be applicable to each individual's situation. Also, there may be changes in the law that may affect your specific case so the answers provided here should not be considered to be applicable your personal situation.

Legal information is not the same as legal advice, which is the application of law by a licensed attorney to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend that you consult a lawyer if you want legal advice specific to the facts surrounding your case. This information does not take the place of discussions with a licensed lawyer and it does not create an attorney-client relationship between readers of the information and Sunbelt Asia, Co. Ltd. or any of its employees.

[sunbeltlegal][/sunbeltlegal]

Registering a company in Thailand solely for the purpose of exporting to other countries allows foreigners to own 100% shares in the company. However, same regulations apply in the sense that you will need 3 shareholders to register the company so yourself included, you need to appoint two other shareholders. We firmly believe that a 100% Export Company best suits your stated objectives but you will need a full consultation with a licensed attorney to confirm all the needs of your planned company are addressed. You may choose to re-package products at your own discretion so long as there are no substantive alterations or changes made to the actual products being shipped. Bear in mind that since it is a Thai registered company, Thailand taxation laws apply with an exemption of the sales tax (7%) for export companies, for as long as you can show the bill of lading and other proof of export documents to the Revenue Department, you need not charge your clients with the VAT but you will still have to file VAT to the Revenue Department (even if it is at 0%). Sunbelt Asia and its diligent lawyers and paralegals can assist you in registering this type of company for you. You may visit our website www.sunbeltlegaladvisors.com to learn more or contact us to discuss the matter in detail.*

Do you have any questions about getting a Visa for travel/business/retiring/investing in Thailand? Please “ask the visa expert” from Sunbelt Asia here: Thaivisa.com - Ask the Visa Expert from Sunbelt Asia

This information has been provided by Sunbelt Asia Co., Ltd. Sunbelt Asia has been the main sponsor of Thaivisa.com since 2002.

You can contact Sunbelt Asia at (66)2-642-0213 or email us here. Please visit our website for more information on doing business, working, investing, travelling, owning real estate, or starting your own business in Thailand at www.sunbeltasiagroup.com. We are located at 1 Ratchadaphisek Rd., Floor 26, Bangkok, Thailand 10400 and can easily be reached by public transportation.

*This does not constitute legal advice or serve as a substitute for direct legal consultation with a licensed attorney. The information is provided for educational purposes only and it may not account for the specific facts and laws that may be applicable to each individual’s situation. Also, there may be changes in the law that may affect your specific case so the answers provided here should not be considered to be applicable your personal situation.

Legal information is not the same as legal advice, which is the application of law by a licensed attorney to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend that you consult a lawyer if you want legal advice specific to the facts surrounding your case. This information does not take the place of discussions with a licensed lawyer and it does not create an attorney-client relationship between readers of the information and Sunbelt Asia, Co. Ltd. or any of its employees.

[sunbeltlegal][/sunbeltlegal]

The Royal Thai Embassy in London, England list the following firms in Udon Thani that you may want to consider:

UDON THANI LAWYERS :

DUSIT PROMSIT LAW OFFICE

30/11 Soi Benjang 1

Baan Nont Road

Tambon Mark Khaeng

Amphur Muang

Udon Thain 41000

Tel & Fax 042 247538

Mobile 01 8728010

MR DUSIT PROMSIT Attorney General Practice, Litigation both Civil and Criminal

May require a translator

RUENGSAK LAW & ACCOUNTING OFFICE

65/29 Pracharaksa Road

Soi Sanitwongchai

Tambon Mark Khaeng

Amphur Muang

Udon Thani 41000

Tel 042 246617, 042 240243

Fax 042 240243

Mobile 01 8731431

MR RUENGSAK THAOSANIT Attorney General Practice, Litigation both Civil and Criminal

May require a translator

(See http://www.thaiembassyuk.org.uk/lawyer.html#10)

We cannot vouch for these firms or the attorneys as we have not worked with them in the past. Our firm handles matters in Issan and throughout Thailand if you feel you need our assistance.

Do you have any questions about getting a Visa for travel/business/retiring/investing in Thailand? Please "ask the visa expert" from Sunbelt Asia here: Thaivisa.com - Ask the Visa Expert from Sunbelt Asia

This information has been provided by Sunbelt Asia Co., Ltd. Sunbelt Asia has been the main sponsor of Thaivisa.com since 2002.

You can contact Sunbelt Asia at (66)2-642-0213 or email us here. Please visit our website for more information on doing business, working, investing, travelling, owning real estate, or starting your own business in Thailand at www.sunbeltasiagroup.com. We are located at 1 Ratchadaphisek Rd., Floor 26, Bangkok, Thailand 10400 and can easily be reached by public transportation.

*This does not constitute legal advice or serve as a substitute for direct legal consultation with a licensed attorney. The information is provided for educational purposes only and it may not account for the specific facts and laws that may be applicable to each individual's situation. Also, there may be changes in the law that may affect your specific case so the answers provided here should not be considered to be applicable your personal situation.

Legal information is not the same as legal advice, which is the application of law by a licensed attorney to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend that you consult a lawyer if you want legal advice specific to the facts surrounding your case. This information does not take the place of discussions with a licensed lawyer and it does not create an attorney-client relationship between readers of the information and Sunbelt Asia, Co. Ltd. or any of its employees.

[sunbeltlegal][/sunbeltlegal]

Your obligations vis-à-vis you and your homeowners association (HA) are defined by the agreement you signed when you purchased a property in that development. If their demand falls outside the scope of the agreement that you signed you will still need to pay the amount that the HA is allowed to collect for the expenses related to common charges for the community.

If you do not like the manner in which the HA operates you will need to remove enough board members to effectuate such changes that you desire in the way the HA operates.

If the HA is doing things outside the scope of your agreement you may need to commence litigation to have them cease and desist such actions. Conversely, if the HA feels like your failure to pay is a breach of the agreement you signed they may commence actions effecting your privileges in the community and it is possible they may commence litigation themselves against you to enforce the contract. *

We have negotiate numerous disputed between Has and owners and are able to assist you if the matter warrants our participation. Please feel free to contact us if you feel you need any assistance.

Do you have any questions about getting a Visa for travel/business/retiring/investing in Thailand? Please “ask the visa expert” from Sunbelt Asia here: Thaivisa.com - Ask the Visa Expert from Sunbelt Asia

This information has been provided by Sunbelt Asia Co., Ltd. Sunbelt Asia has been the main sponsor of Thaivisa.com since 2002.

You can contact Sunbelt Asia at (66)2-642-0213 or email us here. Please visit our website for more information on doing business, working, investing, travelling, owning real estate, or starting your own business in Thailand at www.sunbeltasiagroup.com. We are located at 1 Ratchadaphisek Rd., Floor 26, Bangkok, Thailand 10400 and can easily be reached by public transportation.

*This does not constitute legal advice or serve as a substitute for direct legal consultation with a licensed attorney. The information is provided for educational purposes only and it may not account for the specific facts and laws that may be applicable to each individual’s situation. Also, there may be changes in the law that may affect your specific case so the answers provided here should not be considered to be applicable your personal situation.

Legal information is not the same as legal advice, which is the application of law by a licensed attorney to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend that you consult a lawyer if you want legal advice specific to the facts surrounding your case. This information does not take the place of discussions with a licensed lawyer and it does not create an attorney-client relationship between readers of the information and Sunbelt Asia, Co. Ltd. or any of its employees.

[sunbeltlegal][/sunbeltlegal]

Showing cable TV programs in a bar/restaurant in Thailand does not require a license. Cable provider True Visions (http://www.truevisio...t=1286435749582 ) says that such venues do not pay additional fees but they do usually pay a higher rate than residential cable users because they often have many more TVs and multiple boxes to show different programming at the same time. True Visions charges additional installation and monthly rates for each additional cable box you use. Bars/Restaurants that show copyrighted movies do need a license (See http://www.wlu.edu/x36055.xml and http://www.mplc.com/umbrella.php) . It is not legal to use a satellite dish with "pirated" content either in your home or place of business.*

Do you have any questions about getting a Visa for travel/business/retiring/investing in Thailand? Please "ask the visa expert" from Sunbelt Asia here: Thaivisa.com - Ask the Visa Expert from Sunbelt Asia

This information has been provided by Sunbelt Asia Co., Ltd. Sunbelt Asia has been the main sponsor of Thaivisa.com since 2002.

You can contact Sunbelt Asia at (66)2-642-0213 or email us here. Please visit our website for more information on doing business, working, investing, travelling, owning real estate, or starting your own business in Thailand at www.sunbeltasiagroup.com. We are located at 1 Ratchadaphisek Rd., Floor 26, Bangkok, Thailand 10400 and can easily be reached by public transportation.

*This does not constitute legal advice or serve as a substitute for direct legal consultation with a licensed attorney. The information is provided for educational purposes only and it may not account for the specific facts and laws that may be applicable to each individual's situation. Also, there may be changes in the law that may affect your specific case so the answers provided here should not be considered to be applicable your personal situation.

Legal information is not the same as legal advice, which is the application of law by a licensed attorney to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend that you consult a lawyer if you want legal advice specific to the facts surrounding your case. This information does not take the place of discussions with a licensed lawyer and it does not create an attorney-client relationship between readers of the information and Sunbelt Asia, Co. Ltd. or any of its employees.

[sunbeltlegal][/sunbeltlegal]

According to the Royal Thai Consulate in New York City's website (http://www.thaiconsu...glish/vfees.php ), the Tourist Visa fees have been waived by the Thai Government until March 31, 2011. That is always subject to change without notice and there are rumors that it may be further extended in an effort to promote tourism in the Kingdom.

Do you have any questions about getting a Visa for travel/business/retiring/investing in Thailand? Please "ask the visa expert" from Sunbelt Asia here: Thaivisa.com - Ask the Visa Expert from Sunbelt Asia

This information has been provided by Sunbelt Asia Co., Ltd. Sunbelt Asia has been the main sponsor of Thaivisa.com since 2002.

You can contact Sunbelt Asia at (66)2-642-0213 or email us here. Please visit our website for more information on doing business, working, investing, travelling, owning real estate, or starting your own business in Thailand at www.sunbeltasiagroup.com. We are located at 1 Ratchadaphisek Rd., Floor 26, Bangkok, Thailand 10400 and can easily be reached by public transportation.

*This does not constitute legal advice or serve as a substitute for direct legal consultation with a licensed attorney. The information is provided for educational purposes only and it may not account for the specific facts and laws that may be applicable to each individual's situation. Also, there may be changes in the law that may affect your specific case so the answers provided here should not be considered to be applicable your personal situation.

Legal information is not the same as legal advice, which is the application of law by a licensed attorney to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend that you consult a lawyer if you want legal advice specific to the facts surrounding your case. This information does not take the place of discussions with a licensed lawyer and it does not create an attorney-client relationship between readers of the information and Sunbelt Asia, Co. Ltd. or any of its employees.

[sunbeltlegal][/sunbeltlegal]