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SunbeltAsia

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Posts posted by SunbeltAsia

  1. I want to set the record straight right now as there are so many inaccuracies it what has been described on this thread that I must interject as to clarify. Firstly, Sunbelt Asia stands behind all of its work and we ALWAYS try to satisfy each and every one of clients to the highest degree. Secondly, from day one there has been a fundamental misunderstanding with this client in that the disclaimer that was included in this contract simply stated that we at Sunbelt can not be held responsible if either of the parties breach the contract and that we are responsible for the legality and valid of the contract but not its execution. Please be aware that we had no part in the negotiation of the lease and our lawyers were only hired to draft a contract that was more favorable for our client, the tenant. There is not a law firm on the planet that would draft a lease and then take on the legal responsibility of executing the lease as that firm would be on the hook if either party caused a breach of contract meaning the law firm would be responsible for everything from the collection of rent to the condition of the property.

    In regard to the fact that Sunbelt has been evasive in even the slightest bit I take extreme offense to this as I have personally written numerous emails to this client over the last week and prior to that I have records of no less than 10 emails from the weeks prior between this client and our legal staff. In my opinion this client is simply trying to get something for nothing as he has the lease agreement in his hand EXACTLY the way he wanted it.

  2. I'm curious. Might we inquire as to what prompted this question? Is this a proposal to the government? A newly found loop-hole? Something in the works at the DFA?

    Because...

    The Thai government has just announced a 115 billion stimulus package to help the economy.

    The government needs to look at ways to help pay for this.

    If money that “ Long term tourists” was giving to visa run companies or the expenses they had of flying to another country for a visa, instead went into the coffers of the Thai government. Then this is one small way that is being explored to help pay for the stimulus package.If you look in the archives, some posters on Thai visa in the past even suggested that the government was over looking this revenue stream.

    Unlike the Thai elite card, this is a one off payment for ONE 5 year visa stamp. You are paying for a visa. No future Thai government should ever be able to take it away from you without giving back your money. (One exception exists if you committed a criminal act and needed to be deported. You would then lose the right to a refund on the visa stamp) Possible changes to this proposed plan could happen, such as you may get a big visa stamp that says 5 years, however you still need to get a annual extension of stay permit for 1,900 Baht but you would not need to leave Thailand. As long as you had not been convicted of a criminal act in Thailand it would be extended for another year.

    Survey is being done to see if it’s commercially viable.

    Thanks for all those that are voting.

    www.sunbeltasiagroup.com

  3. Greetings,

    Has anyone been to the Royal Thai Embassy in New York to apply for non-immigrant visa lately? Are they issuing multiple-entry, or only single entry? And can visa be obtained by mail, without going to the embassy?

    Thanks peops!

    Reports we have been getting is single 90 day entry. It can be done by mail.

    Does the single 90 day entry apply even if I'm married with children?

    EDH :o

    In one case like this where they were married with children, in NY they only received one single entry. They were told to do the extension in BKk. Every Embassy/Consulate has their own guidelines and why some give a multiple entry and others single.

    If you cannot qualify for the extension. Best to go with a more liberal Consulate in the USA. The only other Embassy/Consulate that is known to give just a single entry is the LA Embassy.

  4. Hi,

    I want to create my company here in thailand in the category of international business

    I need to know what kind of status should I have to run a business for purchase /sale (overseas) of products made in Thailand,

    can I do this as a free land?

    the main problem is to issue an invoice to my clients? to do this is necessary to create a company or can I do it without this step. :o

    thanks for your help

    :D

    It would be a exporting company which you as a foreigner can own 99.994% The other .006% can be foreigners as well. You can ship your product with a import export license and issue invoices.

    Some people export small pkgs as a individual and then send it to a distribution channel of friends in another country. Depends on how frequent they did this before red flags were raised.

    Others use the mfg company to export, but the problem then is your buyer can bypass you the second go round and go direct to the mfg.

  5. If you have a real tourist visa issued from a Royal Thai Consulate (and believe 3 weeks or more remaining on your permitted to stay stamp is also required) you may be able to convert to a non immigrant visa at Immigration and then extend your stay per the below process. If not you will have to exit Thailand and obtain a visa.

    lopburi3 is correct... at least 21 days needs to be remaining on your entry stamp.

    If you would like a professional firm to help you. Our fee to do the change of the visa is 3,900 Baht

    www.lawyer.th.com

  6. and 3) Amity Treaty. (allowing Americans to own a majority share in a Thai business)

    I know there are limitations having to do with "exploitation of land and natural resources", but is it implicit that the Thai company may not own any land? If so, I did not know that.

    Some restrictions on American investment still exist. They include:

    Owning land;

    Engaging in the business of inland communication;

    Engaging in inland transportation and communication industries;

    Engaging in fiduciary functions;

    Engaging in banking involving depository functions;

    Engaging in domestic trade in indigenous agricultural products;

    Exploiting land or other natural resources

    www.lawyer.th.com

  7. Sunbelts owner is obviously no longer posting on here.

    Such a shame as he was very informatiive usually, and not dragged into these arguments.

    Hi Moonfruit,

    It is indeed me. :o

    Between meetings, calls from clients and 80 employees asking questions, I do post on Thai visa. As you can see not always, what I'm thinking is conveyed, while I’m doing this.

    My fault for the misunderstanding and sincerely apologize for any confusion of my opinion and what bar owners opinions are.

    The bottom line to sum this up.

    I don't feel any payment is made to any mafia involved in Bars.

    Every bar owner I have spoken to, have not been involved with any payment to any mafia.

    Payments are made to the police by bar owners. I do feel this is corruption.

    Any bar owner I ever talked to, felt this was not corruption, but it was "security" and had no problem with it.

    Payments for a beer bar is around 2,000 Baht to the Police.

    A regular bar can be from 2,000 Baht to 8,000 Baht per month.

    A nightclub can be much higher +++

    After hours bar is 100,000 Baht per month

    Greg Lange

    Managing Director

    Sunbelt Asia Co., Ltd

    www.sunbeltasiagroup.com

  8. From my studying the question, observations, and experience the best ways for a foreigner to "own" land in Thailand would be ranked in this order.

    1) Be married to a Thai national.

    Sorry this does not give you the right to own land.

    2) Be American and set up company under Amity Treaty rules (that is if it's still in effect)

    It is still in effect but does not give you the right to own land

    3) Do a 30 year lease while holding mortgage from lessor.

    30 year lease is fine; you have the rights to be on the land then. No need to have the mortgage with a lease and could be construed you were circumventing the land laws.

    4)Properly setup Thai company (most of the scary stories one reads are improperly setup companies.)

    Companies with a majority of shareholders being Thai are allowed to register land. The only thing that has changed, some Land officers are looking at the Thai shareholders to determine if they have income to purchase shares. Foreigners are indeed seeking more sophisticated advice and sound structured companies for them to get the land purchase approved by the Land Dept. The holding company structure is a simple routine registration.

    In one province, they are no longer looking at the income of any Thais, as of July 9th they are allowing any Thai company with a 49% foreign shareholder wanting to register land to do so, as long as that foreigner is only a shareholder of one Thai company that owns land and if that company is looking to buy no more than one rai of land with up to one house. This is the solution to cut down on foreign property developers and money launderers rather than causing problems for registration of land to Thai companies with individual investors.

    can I get more infos about buying on private farlang name, property (without using a company)

    Invest 40 million Baht in Thailand or inherit up to one rai per estate. (In certain cases, you may inherit land from other estates as well so in theory you could own more than 1 Rai.)

    www.lawyer.th.com

  9. This is the second issue.

    I will be very surprised if it is legal for police to be paid in order to avoid checking licenses. Their job is to check the licenses, not to avoid checking them. By skipping the check they act against the interest of their employer. Or do they give official receipts here as well? :o There is only one name for it and this is Corruption.

    I myself agree. In my opinion, its corruption but also stated that others may feel different. I've talked to a number of bar owners, of course they are justifying it but they do not feel it is corruption. "It is cheaper than a security guard"

    Just like when someone is stopped by the police and they did nothing wrong. They pay 100 Baht and feel this is a sucharge for driving on the streets in Thailand. They feel it is not corruption as the police are underpaid and have to eat. I feel though its corruption.

    Both cases I think the people take the view, its small money. 'Mai Pen Rai"

    A clear cut case of corruption an after hours barowner who paid 100,000 Baht per month. " I haven't killed anyone. I help the tourism in Thailand" was his feeling, why this was ok to pay the police this amount to stay open till 6 a.m. He of course helped himself as well by making a net million Baht a month.

    Some would say, yes and some would say no it’s not corruption as I would have to pay more to hire a security guard. Depends on your view.

    Nonsense. Again you are bringing in the first issue of Protection as an excuse for the second issue of Corruption. A security guard has nothing to do with Licenses that are required by the Thai law.

    It is quite embarassing that this needs to be spelled out.

    See above. My view is different than what some bar owners views are. Its corruption if they did not have the license is my view and it is corruption by the police. But I don’t own any bars so it don’t matter what my view is.

    I do feel though, if they have the license then it’s not corruption by the bar owner and its corruption by the police.

    That’s my own view for what its worth. Others feel different and have stated why in their mind, its not corruption. We both know that is justification so they can feel they are doing the right thing but try to convince the bar owner why their view is wrong and its not security.

  10. My mistake for the confusion. Sorry.

    We pay 2,000 Baht per month to the police. We have a red mail box, that the policeman must mark a timesheet when he stops by. The red mail box is at Suk 7/1 if anyone cares to see what it looks like. This of course is not corruption

    Is it corruption, for a beer bar owner to pay money? ( For the record, never heard of a open-air beer bar paying more than a couple thousand baht per month while regular bars( including go go bars) depending on the size pay around 5,000-8,000 per month) What do they get for their money? They do get security if a customer acts up. They also don't get every license scrutinized if they have it or not( most do not have every license). Some would say, yes and some would say no it’s not corruption as they would have to pay more to hire a security guard. Depends on your view.

    As a hypothetical example when MOS was still open and they had all the licenses. Is it corruption by the Police if the owner was asked to pay or they would get a drug raid on a Saturday night? Was it corruption by the disco owner to pay or just good business sense? By the way there is a big difference between a nightclub disco and a bar. A disco/nightclub is much more in the limelight and if you are going in this business, you must know this. I feel their is corruption by the police and no

    corruption by the owner.

    Is it corruption for an after-hours club to pay 100,000 Baht per month to stay open till 6 a.m.? This is point blank clear... corruption by both the police and the bar owner. Greed on both parties.

  11. And sometimes these licences are not obtainable at all! Overlooked until someone else is the 'big guy', or another 'crack down' is ordered or until more money is needed. When you start on this road it will never end. First it was 2000 max. (post #4). It already went up to 8000 baht a month.

    Where will it end? In my opinion not the best way to do business.

    One thing that most bar owners say "the police are good police' Heard this more than once. When I first question this " good police? " it was explained.. "They are not greedy."

    They don't go from 2K to 8K overnight. It takes them years to go from 2K to 3k. What the payment is set at, its what it stays at. Most Go Go Bars are around 8K.

    If you pay 2000 baht a month, you are part of the problem and actively supporting corruption and mafia like operations. I know this is Thailand and this is the way it works. I think paying a little bit more for a real security guard would be the proper way of doing it, or will you then have to pay both?. :o

    Let me explain. It's not under the table. It is an official receipt. We have an authorized red police box (looks like a mailbox) outside our back door. The policeman must fill out a timecard when they stopped by.

    It is similar to the US when you hire a policeman to work as a security guard. They have the police uniform and gun, the policeman is working thru the police dept overtime and you pay $40.00 an hour. That policeman is not corrupt who works in your store.

    A policeman has more credibility than a security guard. In Thailand in fact it is cheaper than a security guard to use the police in an official hire thru the headquarters.

    We had a problem, went to the police to ask for the cost of having someone check on the bathrooms. 2000 Bht( $50.00) for 24 hour security every hour, 7 days a week for one month. That’s the price for the last 3 years and we are happy to pay it.

    5 years ago I was told by the CEO of CP Group, do everything by the book so you never have to look over your shoulder. Once they get a hook in you, it never ends. I have found this to be good advice to live by as we never had one problem.

    Still I have seen a number of bar owners pay a security fee, and it seems they have found this cost of the “hook” to be a very nominal price. Some have felt one baht to be too much. A guy that owned the "SharK" in Phuket, refused to pay one baht. He made net 70 million a year and was run out of town. If you have a disco, you must know you have to pay the "hook" or lose. That is the way it is. A dancing license is very hard to get since 1965( must be a hotel with over 100 rooms to obtain one now)

    Stickman as a reference. That is a good one.

    You might not like his writing but I have found him to be a straight shooter. The e-mails from bar owners opinions about no mafia were legit. I'll bet on it. My dealings with bar owners have been the same, zero mafia involved.

  12. Ok, now my confidence in the one who says this is gone. NEVER heard of it?

    Heard of it? Yes of course but not one time was it ever true. Always was just urban myth. I mean the "Russian" mafia, "Italian" mafia, 'Thai" mafia all was urban myth in Thailand in ref to bars.

    Stickman also did a report on this several years ago.

    http://www.stickmanbangkok.com/Weekly/weekly188.htm

    By the way the case he talked about in Ko Tao. I knew this guy, he had invested in a bar with a Thai guy. He had no lease, no company, no work permit, had paid no tax. Had gotten his money back and had doubled it over a 4 year period. He thought the Thai guy did no work and wanted to kick him out. Stupid move as he did not own anything in the bar. The people that showed up did not have guns but did point out, it was best that he left. He was lucky he had gotten his $ back a long time before. I don't know too many people in their own country would give $50,000 to someone with no agreement, no shares or no lease in their name. Only in Thailand! An American that could of own the bar 100% under Amity, but had no clue at that time.

    To who goes the 2000 baht protection money?

    Police

    Is it to protect you from jail, because running an illegal bar with prostitution? Or you can stay open a little later, or is it a necessity to stay open. If it is the last, you can call them mafia. The whole concept of protection money is mafia. If you do nothing wrong protect from WHAT?

    It can be to allow dancing, to allow perhaps a jukebox, to allow maybe a pool table, to allow longer hours, to allow hostess to sit with the men.

    All of these are licenses are required and with 2,000 Baht, they are overlooked for that month. Sometimes it can be 5,000 or 8,000 Baht. Just depends how many licenses were required and how big the place is.

    Try stop paying it and see what happens.

    Urban myth? It is almost the basic social structure of Thailand. They will not bother you, but if you bother them even in a very small way they will come out.

    Keep handing out money and free drinks if you want to stay open.

    Sure it not happens in all places, but to state it is an urban myth is just being ignorant.

    Kanchanaburi comes to mind....

    Police as being security.. yes we even pay 2,000 Baht at one of our subway shops to get 24 hour security. Its cheaper than paying a security guard. We have all the licenses required but rather than having someone getting a Bj in the restroom, it pays to have a policeman pull up on his bike to keep it a family restaurant.

    Mafia, no I have never seen it to be true in the bar business.

  13. ?...like local mafia and the cops? The sleaze element can break a well thought out business...she said that she could handle that aspect with her present contacts...

    This would be 2,000 Baht max for security. As for 'mafia" any bar owner I ever talked to, will laugh and say it is urban myth in Thailand. Never have heard one case of it happening.

    ....I'm not wanting to get rich, maybe just about USD1000 per month income...

    Your expectations are too high in my opinion. $1,000 per month would be a very high ROI for a $10,000 investment. Norm would be more like $350 per month and that would be a well manage bar.

    The odds of you losing money are high unless you have a good location. The top locations are making net 25,000 per month but they invested a good sum to get that location.

  14. I visited the Thai embassy in London today and spoke to a lady there.

    She tells me that you can't get a work permit on a non immigrant o visa and that I will have to change it to a 'b' if I require a work permit!

    I didn't see the point in arguing with her. I'll try immigration in Chiang Mai next week and let you know the score.

    Madness. You can get a work permit with an "O" visa. Don't be surprised that Immigration doesn't tell you the same, because they don't know either.

    The Labor dept knows and will tell you, yes a work permit can be obtain with any non immigrant visa except if it is a "O-A" visa or extenstion of stay based on retirement. This is the Thai law!

    http://www.sunbeltasiagroup.com

  15. Can anyone tell me if its possible to apply for a Multiple Entry Type 'O' Visa while in Thailand on a Tourist Visa?

    Can you change it to a 'O" visa from a tourist visa inside Thailand? Yes.

    Then you must apply for the extension of stay and then get the multiple reentries. All done inside Thailand. This is called a one year extension of stay with multiple reentries and some people even call it a “multiple entry "O" visa.” which makes it confusing.

    The extenstion of stay is different than a "one year multiple entry visa" where you must travel outside Thailand, at least every 90 days. This visa can only be obtained at an Embassy/Consulate outside Thailand.

    Confused yet? :o

  16. Interesting again, as I searched Maria Del Rey's discography, and all she's ever done is some childrens music. No record of her ever doing a song named "World of Peace". Surprised she wouldn't have mentioned the song during her "interview". :o

    My e-mail to her

    Hi Maria,

    A film called "Souls at Bay" put that you wrote and performed it for

    that movie. You are in the credits of the documentary doing this.

    We are trying to understand if the director was a conman or legit.

    You are in fact in a interview in the documentary but talking about "the

    conference"

    From an e-mail back from Maria Del Rey now

    Every dealing I had was polite and clear

    I mostly dealt with a woman rep I actually don't remember her name.

    It was however not for pay.

    Are you an attorney?

    Has something happened?

    Maria

    So in this case, it looks like she did know about "Souls at Bay"

    Rinrada

    add this to the mix on the Geri connection... deleted but can be still found in the google cache

    http://66.102.7.104/search?q=cache:T94QaPQ...ss&ct=clnk&cd=4

    Aloha Mr. Mahon,

    I worked for Daniel Dubie and Geri Cvitanovich-Dubie from 12/01-9/02 as their Executive Assistant. About 6 months after I started, Daniel brought in "Jade" to work for Geri under the auspices that he was an IT genius. When that didn't pan out, Daniel made plans to document his travels to South America and Central America and take Jade with him. This required international booking using Jade's real name, Jon Onuma . When he overheard me making travel arrangements, he overreacted, yelling and screaming at me that his name not be known to ANYONE. He threatened me, my family and those that were in the office. I tried to call the police but Jade pulled the phone cord out of the wall. I made it clear to Daniel and Geri that I would not tolerate that behavior and insisted that Jade be barred from the office area (at that time, the office was part of their Lanikai estate. While I was employed there, I facilitated moving the office to a location in Kailua away from their home). During the short time that I worked there, there was an immense amount of upheaval and disruption, in large part due to Daniel Dubie and Jade. There was a persistent rumor that Geri's health has been in constant decline since her marriage to Daniel and Daniel was responsible. Due to Daniel's dislike of repellents, their estate, located on the beach, was overrun with rodents and bugs. In addition, Daniel being a raw foodist limited what Geri was allowed to eat. Jade would tag-team with Daniel to convince Geri that she was imagining things and/or she should doubt her business and personal decisions. On numerous occasions, while Geri was traveling to promote Herbalife, I walked in on Daniel and Jade in sexually compromising situations videotaping themselves and each other. Drug use was also rampant. I also worked there while Tracy worked there. Tracy is the accountant that Jade sexually harrassed. I was present during the harrassment and was a victim as well. In addition, while working there, Jade was accused of drugging a woman and taking her to a secluded "secret" house of Daniel and Geri's. There are very few people who have knowledge of this house. When Geri found out that, without her knowledge or consent, not only was Jade living there and taking men and women there for sexual trysts but that he was planning to hold his son's birthday party there and tell everyone via phone, invitation and word-of-mouth where the house was located, she blew a fuse and refused to speak with either Daniel or Jade for weeks. But in true Daniel fashion and with Jade's assistance, they somehow convinced Geri that she was to blame. Suffice to say, I could not leave the employ of Personal Prosperity fast enough.

    Mr. Mahon, I do not know what possessed me to "google" Daniel Dubie today but when I saw your website and Jade's picture, I felt I should contact you. In addition, I found the link and article below that mentions Daniel traveling with Jade Yoshino and Jade's company. The last time I saw Jade was about 9 months ago on Ward Avenue in Honolulu driving a yellow Mercedes convertible that looks like one Daniel used to drive. He was spotted by a friend about 5 months ago in downtown Honolulu driving an older Honda Civic.

    I wish you much luck in your search and wanted to tell you that what you are doing to help that poor family is very admirable and you should be commended.

    Second letter from this person

    Dear Mr. Mahon,

    I have been trying to recall where exactly they traveled to. I do recall Indonesia and Nicaragua but I'm sorry, I cannot remember the other destinations. While I am glad to share any information that might help you, I have no desire to discuss Jon Onuma or Daniel Dubie. They are both unsavory characters and should be held accountable. I fear for Daniel's wife Geri since her health has declined so much since she's been married to him and Daniel and Jon/Jade discussed quite openly in front of me what they planned to do with her money once she was "out of the picture". If there is anything else I can help with, please don't hesitate to e-mail me.

  17. thereby automatically cancel my holding of a work permit qualification (isn't it for 3 year period continously?) that i currently have with my current 6 year old visa and thereby hurt and cancel my chances of qualifying to apply for a resident permit this year or later?

    No. Granted when the work permit is cxl so is your extension of stay. However if in the 7 day period before leaving the country, you apply for the second job and the extension of stay the same day. This break does not count against you with Immigration/Royal Thai Police. You have in fact 30 days for the break between extensions of stay before it hurts you.

    With regards the first option "You either need to apply for a second job at the BOI and maintain two jobs/locations on the same work permit", if they agreed to do so, is it only necessary that i need to pay withholding / income tax on one of the two 'jobs' (i.e. though the BOI company job) and not through both 'i.e. no need to pay tax / social security through my MD job with my own company?

    With this option, you would have to get a salary at both jobs. The first company is because you are the MD and second company is because you are a employee ( BOI company) Remember the residence permit is all about the money. They want to see you love pay taxes to the Thai government. It better be a minimum of 75K salary per month or they won't even look at the application.

    One further complication to consider with regards to the last paragraph, my current work permit since the day it was issued, and presumably because we are such a small consultancy, states therein, that as a condition of the work permit we must employ 4 thai staff in conncetion with that work permit or words to that affect. As stated in my original posting, i was hoping to 'mothball my company' (i.e. and get rid of the staff), so can you see any problem if i lost the staff but had the BOI company / job added in to the current work permit book which includes the stated condition?

    Best is to cxl that work permit. Apply for a new work permit with the BOI company. You are under very old conditions with that work permit. If you reapply in the future, you would have a requirement of no Thai employees required for your company.

  18. 1. When time comes to go to Land Dept for title transfer, what happens to the TT3 after LD has verified that foreign funds have been used for this purchase? Does the LD keep the TT3, or do they mark the TT3 as having been used, in full or in part? And is the excess of baht 1 million noted on the TT3 that it is still available for use on another purchase? Do I get to keep the TT3 for future use?

    You give them a copy and still have the orginal copy. On the Foreign Exchange Cert it states it is used for this condo only. You cannot use the other million unless you state that condo location as well when you send the transfer.

    2. If after a few years, the condo unit is sold for let's say baht 3.5 million, does that TT3 permit me to repatriate the original baht 3 million out of Thailand?

    yes

    3. If after the sale of the first condo unit, a second condo unit is now purchased for let's say baht 4 million, what happens then? Can one apply the proceeds of the first sale, 3.5 million (assuming not repatriated), and have to show a new TT3 of 0.5 million, for the new purchase of 4 mil? Or must a new TT3 of 1 million import funds be used together with the original TT3 of 3 million? Or does a totally new TT3 of 4 million newly imported funds be arranged?

    New money has to be sent with that condo location on the wire transfer.

    www.lawyer.th.com

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