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SunbeltAsia

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Posts posted by SunbeltAsia

  1. All,

    We're interested to hear if anyone has any recommendations for property management companies in Bangkok.

    We're planning to rent out our house situated on the Summit Windmill Golf Course off Bangna Trad highway.

    We're looking for a company who can provide a full property management service and are already aware of CBRE and Knight Frank (if anyone has any comments on these two please feel free to chip in).

    Many thanks

    Simon & Phatcharee

    Our firm does property mgmt for our clients. Our professional fee is 5% of the monthly rent collected.

    please e-mail [email protected]

    www.sunbeltasiagroup.com

  2. 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

    From an e-mail back from Maria Del Rey

    Yes I wrote sang and recorded a demo of World of peace

    That was used at various peace rally functions about 2 years ago.

    Maria Del Rey

    Now asking her if she knows of Daniel and "Souls at Bay"

  3. I have a question concerning the change of shareholder in a limited company. Our current lawyer tells us that there is no way we can change the name (taking one name off and put a new one on) without the signature of the person who is getting out. The person to be taken off the company papers is British and has as far as we know left the country or is somewhere else in Thailand as he left the company in a hurry after causing us and several others problems (in other words, he did a runner). Our lawyer tells us we need this persons signature and passport as well as the Thai major shareholder's signature to take him off the papers. Is this true or is there a way around it? Then what's the point of having a Thai majority shareholder (except that it's required by law) if they don't have any power to "kick someone out"? :o Otherwise I guess we have to cancel the current company and start a new one, which would be a lot of hassle and quite expensive. Any suggestions anyone?

    All the Ministry of Commerce requires is the MD's signature. They never require the shareholders signature to replace a shareholder. The signature of the shareholder is only internally for your records (in case the shareholder sues for fraud that he did not authorize the transfer)

    www.lawyer.th.com

  4. Hi

    I have my own small consultancy company of which i am MD and through which i've had a work permit for the past 6 years.

    I've recently joined a company as a direct employee. Plan is for me to 'mothball' my company and use it maybe over the next few years if required, and for my current work permit to be 'transferred' to the new employer rather than cancel the current work permit and apply for new one in their name (reason is in order that i can use the past 6 years of holding the work permit to apply for residency this coming November).

    The HR department reckon that there could be a problem in transferring the work permit, in that their company is a BOI company, and they feel that there lies a complication in transferring a work permit from my company situation to a BOI company situation - i.e. not like to like.

    Does anybody know if there is a a problem in transferring the work permit as proposed above? Or is it just a simply an admin paperwork job at Din Daeng Labour Office as i hope?

    It is not a transfer issue, as you cannot transfer a work permit from one company to the next. Each employer is judged by its own merits.

    You have three options.

    You either need to apply for a second job at the BOI and maintain two jobs/locations on the same work permit.

    You need to cancel the work permit on the first job( your company) and apply for a new work permit with the second job.

    Have the BOI Company employ your firm with a contract and maintain the work permit with your company.

    Doing any of the three will not hurt your chances for a resident permit.

    www.lawyer.th.com

  5. Can a foreigner obtain a work permit, sponsored by a majority 51% owned Thai Limited Company, for activities on list one of the Foreign Business Act ?

    In other words is it just the company that is restricted by the FBA or even the foreign employees ?

    Thanks

    A foreigner can obtain a work permit for a company that is on List 1, 2 or 3 of the FBA.

    www.lawyer.th.com

  6. searched the forum and know that there is lots on whether to use a lwayer or not when buying a condo. i was quite surprised by the quote of 50K to approve the contract and do a title search. especially as far as i can see a title search should not be necessary when buying a condo from a developer.

    i know many people who have not bothered with a lawyer, and it seems most thais think they are superfluous, especially if buying a new condo from the developer.

    personally i don'e see how one would get more protection from using a lwayer. i'm considering buying a new condo from a couple who changed there mind, and it seems a straight forward thing to go in, change the names on the developers books, pay the money to them, pay the money to the developers, walk out with title in hand. is this the case or is it far less simple??? any constructive input would be appreciated.

    cheers

    dm

    Our professional fee is 6,500 Baht for the title deed search and to check the percentage of foreign ownership is not more than 49%. We check the details of the land with the Land Office to verify if the land for the project actually belongs to the developer as well as any mortgage on the land. We also do a due diligence search for the corporate and financial information of the company who is the developer of the project. In this regard, we check the corporate documents and balance sheets. We as well verify who are the shareholders and directors. If the development project has a loan with a bank or financial institution, we will point this out to discuss this with the bank or finance company concerned. We also check if the developer of the project has applied for the construction permits with the “Civil Works Office” and also check with the Office of the Environmental Protection, to check if these permits have already been granted to the developer.

    Our professional fee is 9,500 Baht for reviewing the purchase agreement and making comments. With the title deeds and the construction permits, we also check the clauses in reference to all the common areas and utilities to ensure that the developer will not use for its own commercial purposes, (recreation areas, parking lots, club houses and swimming pool, etc.) Some developers are charging for the use of the swimming pool or set up a market in the parking lot for the public. You’ll find some cases of selling the common areas to the 'mafia." Many contracts drafted by developers always contain clauses in favor of the developers for their non-liabilities for breach of contract.

    Our professional fee is 8,500 Baht for registration at the Land Dept. is legally complied with the proper transaction and the name of the new owner is properly recorded.

    Most people would never think of buying a house or condo, in their own country without legal advice. Some however have done this in a foreign country like Thailand and have had problems. Understandably as in Thailand all laws and official documents are in Thai language. What you understand is just what the other told you. What someone tells you about Thai laws should be carefully considered.

    This is the minimum due diligence you should have if you wish to avoid the legal issues in Thailand. ( WARNING: In this short post, I have not pointed out all the issues that the you the buyer needs to be aware of )

    www.lawyer.th.com

  7. Hi Sunbelt. The Parmarth site is where I first came across that name. When I googled it the only hit was to the eBay seller. The DVD is further confirmation that 'Jade' is connected to that name. Seems likely with the unusual name and the common link to Hawaii that the eBay site might be connected. What the heck, I will write the seller and ask him/her and let you know what I hear.

    I agree, the odds point to it being him is by the product he sells is a DVD, the seller is from Honolulu, Hawaii and the name.

    Wonder what his reply will be?

  8. What kind of visa do you get with a 3 million THB investment?

    Non immigrant based on investment

    Both my wife and I are US citizens over 50 but don't want a retirement visa because we'd like to work. We are willing to make an investment in Thailand, but it looks as if you need to invest 8 million baht ( + 6 million for spouse) to get an investment board visa.

    It would be a total of 3 million Baht required

    Also, if I invest 3 million and get a visa, does my spouse also need to invest another 3 million, or can she remain in Thailand on an O visa?

    She is a dependent of you and only 3 million Baht in total is required. Her extension of stay is "piggyback" off your extension of stay.

    How long is the visa issued for ?

    Lifetime if you wanted. It is renewed every year.

    Can you still work if you want to ?

    Yes with a work permit.

    How secure would the government bonds be ? Would this be considered a good investment ?

    I don't believe the Thai government has ever defaulted on their bonds yet. You can also put your funds in a fixed deposit in a Government state bank or invest in a condo from a developer.

    Can you leave Thailand if needed, either temporarily or permanently, during the 10 year period (but leave the investment in Thailand) ?

    Yes you can leave Thailand with a simple reentry permit. The investment visa is not for 10 years though. Can be if you want it to be.

    Anyone know how this would affect tax status for an Australian citizen ?

    Australia and Thailand have a double taxation treaty so if you pay here, you don't need to pay in Australia. The Government bonds are tax free.

    found some details here :

    INVESTOR VISAS. This is a new category of visa with issuance controlled by the Board of Investment. This visa can carry a residence permit for applicant and immediate family if a specified amount of capital is brought into Thailand for investment.Direct Investment:Applicable by aliens who bring into Thailand not less than Baht 10

    million for investment in a new project which benefits the country's economy or a project subject to the approval and conditions set forth by the Committee for Granting Permanent Residence; or

    Investment in Securities:Applicable to aliens who bring into Thailand money to buy special-type bonds prescribed by the Ministry of Finance and the Bank of Thailand. Persons granted visas must not transfer or redeem the bonds for a period of 10 years.

    • Investor Baht 8 million

    • Spouse Baht 6 million

    • Per minor, unmarried child Baht 2 million

    http://www.asiatradingonline.com/nonimmigrant.htm

    This program is no longer valid. The format that has replaced it, is the investment visa that I'm talking about. It is only 3 million and your spouse and child would be zero additional Baht required.

    www.lawyer.th.com

  9. Was there a credit to "Maria Del Rey" for the song “World of Peace” that she supposedly wrote for the film ?

    (Reminds me of that Eddy Murphy/Steve Martin movie Bowfinger)

    Yes she is given credit. Says it was written and performed for this film. She is interviewed but she talks about "this conference" She does not mention "Souls at Bay" or her singing the song.

    A number of music artist including Enigma with Sadeness is also given credit.

    The Music Rights Consultant is Rik Lawrence

    I would be curious to know if there is any link between the jadeavassociates trading on e-Bay since April 2004 selling make-up CDs and Jon Onuma. Jadeavassociates is a pretty strange name.

    http://www.parmarth.com/updates/aprilmay2003/index.html

    "The film, made by Daniel and his company RindonMagic together with Jade Yoshino of Jadeavassociates"

  10. This is a plea for anyone out there to help me get in touch with FELICIA. I am know as Kari Dubie, but my name is Karen Davis. My daughter is Calista, your half sister. my e-mail is [email protected] and phone is 360 3522587. We love and miss you very much. I miss your mom more than you could know. Now is the time to reconnect. Love, Karen

    Felicia Dubie is in this film "Souls at Bay" She is listed as the U.S. Delegate-Peace Child International and also a Delegate for the Millennium Young People's Congress USA

    You may want to check with

    Master Mentak Chia

    Founder/Director-

    Universal Tao Center, Thailand

    www.tao-garden.com

    www.universal-tao.com

    Out of over 100 interviews, only with these two interviews, you’ll find the same background/stage area in the film. The flowers used on the set are very unique. That’s why I notice.

    Also it was mention before that Daniel owned a spa. Was this it? If so, they may know where Felicia is.

  11. When you do, could you also include who produced, directed and edited the "film" and a pic of the cover ?

    Be interesting to see if this is a professional job, or a hand-held video camera, home-movie type cheapie production.

    The DVD can be summed up in two words “World Peace” It’s simply about people setting aside their religious differences and be at peace. The celebrities Ted Turner, Linda Gray, Linda Evans etc were at the United Nations Conferences and Summits or at the World Council of Religious Leaders in Bangkok in 2002. They all talked about World peace. The reason the celebrities did not put the video as a credit, I got the sense they were just doing a interview at the convention. It may have been as an interview for the video but no questions were asked, it was just a 30 second interview of the celebrity speaking.

    '

    The quality of the film was good. The editing was moderate to some sections even below par

    The DVD states

    Rindon Production

    in Association with

    Jade Audio Video Associates

    Presents

    A Jadez/Dubie

    Production of

    A Daniel Dubie Film

    Director

    Daniel Dubie

    Producer

    Daniel Dubie

    Co-Producer

    Jade Z. ( aka Jon Onuma a suspect in the Kristen Modafferi disappearance)

    http://66.102.7.104/search?q=cache:T94QaPQ...ss&ct=clnk&cd=4 scroll down to chapter 14

    Associate Producer

    Jeana Hart ( alias of the alleged shooter)

    Interviewers

    Daniel Dubie

    Jade Z.

    Joshua Green

    Jeana Hart

    At the end of the DVD, credits are given to hundreds of groups and individuals.

    Funny thing about this Jade Z. How many Co-Producers have a name like Jade Z.? Wonder if he is still in Thailand?

  12. Some speculation on my part. My research shows that the only movie that might possibly have been made and shown is 'Souls at Bay.' However, the claim that Ted Turner, Linda Gray, etc. were involved is almost certainly false as I have not been able to find a single shred of evidence of their being involved in such a project. Also, the only mention of the movie on the Web is the article on the Indian guru site. That site claims the movie was screened there. If that is the case perhaps Dubie stole some footage with the above people and others and created his 'documentary.' As I mentioned earlier, it is hard to believe that 'Souls at Bay' does not register a trace on the Web, unless it was released under another name. Even then you would expect to find mention in the CVs of Linda Gray, etc. There is also no record of the recording artist creating the song for the film as claimed on the guru site.

    I was just given a copy of a DVD which I have not seen yet. It says on the cover SOULS AT BAY, A Documentary Film by Daniel Dubie At the bottom of the DVD it says Region 5 Indonesia. Will watch it tonight and report back tomorrow.

  13. Thanks. If I have a WP and visa already, when I finish my work, what is the process of changing to a non-immB using the Sunbelt service. I don't have an immediate job lined up, would I have to leave the country, what is the process starting from the point of already working in thailand with visa and WP?

    If you don't have another job lined up, you will not qualify for a extension on a "B" visa. You must leave the country when this job is finished. Either that or get married to a Thai Lady or invest 3 million Baht in Thailand.

    Otherwise, you will need to go to a Thai Consulate/Embassy and apply for a new non immigrant visa.

    www.lawyer.th.com

  14. Thanks - My previous TV search was on 'multiple work permits' and only turned up info wrt a teacher etc.

    ...but ...

    Having read that previous thread, the scenario was where the OP wanted to do 2 similar part-time jobs, ie teaching at a school and teaching at a language centre.

    In my case, I want to do 2 completely different jobs:

    1 - Pouring a cup of coffee at my hotel (Hotel Manager)

    2 - Designing/manufacturing complex electronics equipments (Boffin)

    And in both cases, the employer is my own company or companies.....

    This starts to get a little complex! If I want to do both these jobs (part-time), then my ltd company has to have both types of business detailed in their registration papers. But how can one person have 2 completely different jobs with the same employer?

    One solution is to set up 2 different ltd companies, one for the hotel business and one for the techie business. But then that sounds like double the cost and double the paperwork!!!

    I suppose the best thing is to try to set up the ltd company with aims/business sector which covers both skillsets - and then only have a single job working for that company as a 'consultant' or whatever.

    (Or maybe I just refuse to pour coffee and sit by the swimming pool doing techie things.....)

    But seriously - is there a legal solution to this type of scenario?

    Simon

    Only one work permit required and you can be the General Manager of both as it is the same company.

    Both objectives will be on your Vat registration and both on your work permit.

    www.lawyer.th.com

  15. So, Can I own the guest house at 100% and what can of visa I can get?. thank you.

    What nationality are you?

    10 million bahts or $250,000 for a guest house makes it one really luxurious hangout for your lucky guests.An investment visa requires only 3 million baht in an approved bank account or condo purchase.Can't see spending a quarter million dollars for a guest house unless you're Oprah or Gates

    It is a like a hotel, but less than 12 rooms rented to guests.

    So what are the qualifications for an investment visa - I havent heard of this type of immigartion document before

    One or several of the following cases:

    Deposit the money in a fixed account of a state bank (Krung Thai Bank, Government Savings Bank, Bank for Agriculture and Cooperative, Ratanasin Bank, Srinakhorn Bank, Nakhornluang Thai Bank, Housing Bank)

    Buy bonds issued by a state agency or government enterprise. The bonds must be purchased directly from a state agency or government enterprise or an authorised dealer.

    Buy an apartment or condominium at the price set and registered by the Land Department. Must be from a developer and not third hand.

    www.lawyer.th.com

  16. Your company name and the business "label" should not neccesarily be the same; There are many cases that the known business name is one, while the company name is another. For example, jobthai.com's company name is "Thinknet co., ltd". Bangkok Post's company name is "The Post Publishing public Co., Ltd".

    I don't think there is a legal problem with you using a Hotel name unrelated to the company name, but if it's not registered as a trademark you don't own it. Anyone can use it and more than that, might register it themselves and stop you from using it.

    Regsitering a trademark is a long procedure, to do it properly better seek professional legal advice.

    Hi Simon,

    "G" is correct.

    As you are a client of ours, happy to do the trademark. Takes a year for the approval, but you are protected the day we apply for you.

    www.lawyer.th.com

  17. Can anyone tell me why you need a Business Registration Certificate that has been issued within 1 month in order to make corporate banking arrangements?

    My company already has 3 corporate accounts (savings, current, and fixed deposit) with Bangkok Bank. I would like to arrange direct debit for my payroll. The bank wants copies of all the documents they already possess. This isn't that big a deal (except for the environment), but the bank also wants a copy of the Business Registration Certificate issued by the Ministry of Commerce within the past month--which is a bit of a hassle.

    Anyone know why this would be? My existing Certificate is barely two months old, and the bank already has all my company's money!

    In case the directors have changed or the authority that the directors have changed or restrictions are now put on the Directors, etc.

    lawyer.th.com

  18. Man it just gets curiouser and curiouser. I am sure this will be a book and possibly a movie.

    I could find nothing under Dubie in the Internet Movie Database, which should have info on him if he was involved in documentaries.

    Judging from the photos of him--plastic surgery?

    This film he did for sure...

    Souls at Bay

    http://www.parmarth.com/updates/aprilmay2003/index.html

    These two films, did they happen or was it just talk?

    Bali Blast brought to Hollywood

    http://baliwww.com/news/bali_travel_news/d...002/12/387.html

    He is making a movie about Tsunami down in Phuket right now.

    http://human.payap.ac.th/webboard/show.php...gory=eng&No=171

    More twists and turns in this saga to come.

  19. Sunbelt,

    Could you clarify that a little more.

    How can you own a business and do zero work?

    Just buy shares of an existing business?

    Wouldn't talking to managers about the business be considered work?

    Owning shares in a private or public Limited Company does not require a work permit.

    An example, under the Amity Treaty, I own 99% of the shares in a company that owns a Chester Grill. Going on 18 months, I have not ever visited the location to even eat. I get the PL/ Balance sheets every month.

    Chester Grill employs a staff of professional managers. I have never talked to the mgr(s) and he or she would not know me as well. My wife is a director who goes to the franchise meetings and talks to the staff. She found out they are showing more Thai movies next to the Chester Grill and why the profits have skyrocketed recently. I was curious when I saw the sales jumping in the reports, but as I have no idea who the mgrs are, had no way to know even who to call. My wife signs the checks and the yearly audit. Do I need to get an additional work permit for this location because it is my business ? No as I’m not doing any work and am not getting a monthly salary.

  20. I turned 50 a couple of weeks ago and will pursue the O-A retirement visa. Currently I have the non-immigrant 'O' multi-entry visa.

    My question: If I get the retirement visa can I start a business? I'm pretty sure I can't be employed but can I own a business and employ Thais?

    Thanks. LDB :o

    Yes as long as you are not working in the business.

    www.lawyer.th.com

  21. The objective is to try and make the company a trading company. At the moment I only manage 4 months to 5 months of the year in Thailand. 3 or 4 trips with maximum stay 2 months then return to UK. So am not really worried about extension of stay.

    Sunbelt:

    The Articles (No. Sor Jor. Wor Bor (Special) do say to to engage in the business of providing consultancy and advisory pertaining to administration.........

    Can I achieve my objective by saying the gf (Director with less shares) earned the money thus eliminating my need to the WP at the moment.

    If I do get the WP what is the revalidate procedure and will this require time out of my limited stay in Thailand?

    Thanks

    They go by what the objective is listed on the Vat filing. If it is "Consultant" only 1 Thai employee is required to get a extension of stay based on business. ( I know you state this is not important to you but I bring it up for other readers)

    As for the work permit, nothing states you must have employees to get one. No matter what your objective is on the Vat application.

    If you are working than you must have a work permit, even if you do not get compensated for this. You simply get a one year multi entry visa . Every 90 days, you do the extension of the work permit. Our firms professional fee is 1,600 Baht to help you and if we are involved, you do not need to go to the Labor Dept for this procedure.

    www.lawyer.th.com

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