SunbeltAsia

Woodstock in Nana, second floor or the right is good but beware the " bangkok burger " it is HOT .

I gather you haven't been to Bangkok in quite a long while......

About 4 months . Why is there something else you want to say ?

Woodstock has moved to 44 Soi Thonglor 13 and that location on the second floor of Nana, is now Rainbow 4 Go Go Bar. They moved out over a year ago.

Im no expert on burgers but O'Neills on Sukhumvit between Soi 3 +and 5 is pretty good for me

My wife says "Thanks." It is O'Brians though, next to Tony Roma’s Most days over 100 hamburgers are eaten, that and the spaghetti meatballs are very popular. Its all in the meat. For the hamburger, the bun as well. It is BIG.

You are able to get a one year visa based on retirement or support of a Thai national. Your mother on a retirement visa.

You'll never have to leave Thailand or your Mother as well, and you can spend the rest of your life in Thailand as long as you are married or applied for the retirement visa then.

The easiest way is for you to get a 90 day "O" visa and then this is extended inside Thailand to a non immigrant visa.

Your Mother would get asked for a 90 day "O' visa as well. If she got grief about a "O-A", she should then just ask for a 60 day tourist visa and this would be changed to a non immigrant visa inside Thailand.

www.lawyer.th.com

Thanks for the feedback! So if i can't have a call center position in Bangkok, well i can used my strong English communication skills to land a job then. Is that possible? even without teaching experience, i know i can teach Thai's how to speak good english.. in the American Accent way.

What is the best time or month to go and look for a job / work in Thailand?

Eek - it's impossible to teach good English in the American accent way! Teach American fine, but not English...

Too funny.

What is the best time or month to go and look for a job / work in Thailand?

Dianne_purple,

I like your attitude. can you please send me your resume. May have a job for you. Thanks.

G,

We have always preached not to use nominees. We have on file thousands of e-mails that state the same thing, not to use nominees. If you got a e-mail from us about setting up a company, we would of been stating the same. In a meeting you would of been told the same thing. Bkkmadness I’m sure if e-mailed us, got the same warning e-mail from us. Not to use nominees. Go back in our posts for the last 3 years on Thaivisa" Don't use nominees"

If you needed a shareholder to invest. Could they could of been a staff member? Yes. They are higher paid than most Thai lawyers in Thailand, because they work very hard. Because of this, they are not poor. Have they ever invested their own cash in even some of my own businesses. Yes with hard cold cash. Do friends of staff members invest? Yes. Do clients friends invest? Yes. Do clients friends of friends invest? Yes.

I myself have invested in clients businesses. In fact 14 of them I have my own money in the shares of clients companies. Do I invest in every company that comes, my way? No. Have I introduce a opportunity to a friend? Yes. Have some friends invested? Yes. Have clients invested? Yes

Have I myself, ever signed a loan agreement to invest in a business? Yes

Has my wife invested her own money in clients business? Yes. Has friends of hers invested? Yes. Has she ever signed a loan to invest? Yes She just borrow one million Baht the other day and will be doing another loan, next week to invest in a Italian restaurant with friends of hers. I myself had to co-sign two loans for her in the past month for a condo she is buying.

Has anybody ever invested but did not have cash at that point? Yes many times.

If you feel that your company was set up illegal and you in fact have used nominees. Then lets go down to the police station or the Ministry of Commerce and let them decide if you have nominees. If they felt it was, they will give you time period to find a shareholder that would not be a nominee.

For 2,500 Baht registration fee, and over 40 pieces of paper that have to be typed and filed, it would be pretty stupid to use nominees so everyone involved is sitting in a Thai prison for three years for that amount of work. If our staff thought or myself, prison was involved, they or we would NOT be a shareholder in any company for even 25 billion Baht. Over 5 years ago, we asked the Commercial Service if a loan can be involved for a Thai or a foreigner to acquire the shares and would they be considered a nominee? Two years ago I was in a seminar attended by a number of Legal firms and it was reiterated that a loan is allowed for a Thai or a foreigner to acquire the shares.

Is their a conflict of interest for a staff person or myself to invest in a clients project? No

As to over 1,000 Companies set up by our firm, that you state" staff members are shareholders." It, in fact, would be less than 5% of the companies, that anybody from our firm have ever acquired shares in a clients business!

Most clients that are foreigners have set up a company with their own shareholders( Most know at least one Thai and this is all they need) Amity Treaty companies, BOI companies, applied for the Alien Business License or do holding and operating companies.

For you continue this rant that Sunbelt staff was involved in something illegal. Believe me Thaivisa is not just read by foreigners. We could not be more in the spotlight, if we had the sun on us.

Government officials are aware of Thai visa and one zillion per cent about our firm. If in two years, the staff, and myself, our in prison by being a nominee for one company or 50 companies, it would make a lot of competitors happy. We were the first to lower professional fees charged in the industry over 80% lower. You would be happy as well, serves Sunbelt right with their pompous attitude with not being a nominee.

But being open and the forefront, it would be very stupid if we were doing something illegal for our clients. Loans are not illegal. It is not in the Civil Commercial code or the Foreign Business act, that a Thai cannot sign a loan agreement with a foreigner. A loan has to be done in with the spirit of the law, and not to circumvent the Foreign Business act. You were charged 3,00 baht for this documentation. Nobody pays this money without knowing or asking why do I have to loan money?

If you feel different that it is not stable , than by all means replace the shareholder you are unhappy with or apply for a Alien Business License. If you feel its illegal on a loan agreement, go with one of our lawyers to the government office and they will advise you, that a loan agreement is legal, to acquire shares. ( Even if it’s a staff member, the man in tenbucktoo or even myself who is holding the shares)

I am a US citizen, sent my passport and paperwork for a non-immigrant O visa request for the purpose of retirement to the Thai Embassy in Washington. They, in turn, sent me a medical certificate to filled out by a physician stating I am free of 5 diseases. I went to my HMO, a staff doctor filled it in, sent me the confirmation that I'm free of the diseases, but added a note that I have history of genital herpes, asymptomatic, and a history of cardiac murmur, asymtomatic. Now I don't what to do. Should I return the certificate to the Embassy, with the herpes and murmur noted on the bottom? I'm afraid that would deny me a visa, or worse deny me of ever going back to Thailand. Maybe I should change my visa request to that of a 60 day tourist visa, or even no visa, which I don't need anyway as US citizen for 30 days. Then, in Thailand get a new medical certificate from a doctor there who could fill it out, not adding my medical history. Follow up with a visit to a neighboring country, like Malaysia or Vietnam for the non-immigrant visa. Any advise would be appreciated.

Just ask them for a 60 day tourist visa. Lots less hassle and clearance to get the “O” visa now. In Thailand the medical certificate will take you 2 minutes and 300 Baht or less. As long as you have 21 days remaining on the tourist visa you will have no problem changing the tourist to a non O then do the extension of stay based on retirement here.

Not all neighboring Thai Embassies are issuing Non O visas for retirement as several will instruct you to return to your home country to do so. Just fill out a new application for tourist. Much easier.

www.lawyer.th.com

Thanks for the info, then we'll both see you on Monday or Tuesday. What are the hours of operation? We'll have to go to the university in the morning and just need to know what time are you closing.

Most of the time, opening from 8:30 a.m. and the closing time: most staff leave by 6:30p.m. with the office remaining open till 8 p.m. At the end of the month, its open till midnight or even later. ( Most of the accounting staff are working late until the night)

I'll Pm you the name of the staff that will help you, with their phone.

Alex, thanks for the opportunity to get this done for you. Feel free to report to the forum, how it went.

www.lawyer.th.com

Hi guys Im in the prosses

of getting a job in Bangkok

as the Manager of a wine shop

I was wondering if you can give

me ideas of salary and living expencies

since I'm used to london Prices now

Thanks alot for your help

Christos

50,000 Baht a month would be the norm for the salary of an expat as a Mgr of a retail shop.

Living costs.... From BOI

http://www.boi.go.th/english/how/selected_..._in_bangkok.asp

from Bell International

http://www.bell-centres.com/jobs/worldwide...ngInBangkok.pdf

From Teachers

http://www.ajarn.com/Banter/costofliving.htm

From Into Asia

http://www.into-asia.com/thailand/costs.php

From Stickman

http://www.stickmanbangkok.com/living.html

The Cost Of Living & Shopping

Thailand is a very easy place to live if you are earning a decent salary - and it needn't be that much. The figures I quote here are more relevant to English teachers than anyone else because that is the line of work that I am in. Some people can live here comfortably on less than 20,000 baht a month while I know of some other people who struggle to survive on $US 3,000 (about 120,000+ baht) or more a month! The latter may have been used to a rather decadent lifestyle in their own country before coming here or perhaps ant to live their life in Thailand like they are on one long holiday. Assuming you are single and do not spend too much on accommodation, monthly discretionary spending money of more than 50,000 baht will allow you some comforts. Over 60,000 will allow some fun and much more than that, well, you should be laughing! Let me re-iterate that it does all come back to your particular lifestyle. If you are eating in the restaurants or 5 star hotels often, wining and dining some of the lovely local ladies then things could become quite pricey. But if you eat at more standard restaurants, sometimes cook in your apartment and do not go out that often, you really could get by on not a lot of money. But just how much you need really is like asking how long a piece of string is.

If you are recruited in your home country and then move to Thailand and receive your same Western salary plus a per diem or hardship allowance, you may well be earning a phenomenal amount of money for Thailand and would have an extremely high standard of living. I know of such guys and they can earn well over half a million baht a month. This sort of income would allow you almost complete freedom to live how you wanted. You could have a fabulous apartment, a driver, could eat out anywhere you wanted, party anywhere you wanted, buy all of the flashest clothes, the latest books, basically do whatever you wanted and still have money left over at the end of the month.

Just to give you some sort of idea about costs from a personal perspective, I spend around 55,000 baht per month. I believe that this allows a pleasant lifestyle. We live in a one bedroom apartment (under 20,000 baht a month) in a very nice building just a couple of kilometres from the main business district. This 55K figure covers all expenses including all entertainment, transportation, all food, both eating in and out, new clothes, miscellaneous expenses - basically everything. I believe I have a nice lifestyle indeed, and one which would cost a whole lot more in my native New Zealand. I do NOT go out nearly as much as I used to and do not spend any time with ladies of the night, which can eat up money if you are not careful. However, this figure does not allow for major purchases, trips overseas, new computer or camera equipment or the all important pension planning, so if one wants to consider all of these things, you might want to plan to earn a fair bit more!

But my lifestyle has not always been like this. If we go back a few years, my monthly spending was around 40,000 baht a month. I had a studio apartment in a very central area, just a few minutes walk from MBK which cost 10,000 baht a month. I used to eat most meals at street vendors, more for convenience than any other reason, and that cost around 30 baht a meal so my eating costs, apart from the odd splurge at the weekend was very low. I did used to go out at night too much and spent to much money on alcohol. Going out to the bars can add up if you are not careful especially with the price increases since mid 2001. I enjoyed my lifestyle back then, but then I would not want to go back to it now. The point here being that if you have 40K baht a month to spend, you should be able to have a pleasant, though certainly not luxurious, lifestyle. If you are on one of the expat fat pay packets, you will be laughing. Life could be very sweet indeed!

Following is a list of prices of various things in Bangkok. Note, there may well be differences here between what you read here and what you pay because prices do vary throughout Bangkok. Due to fluctuating exchange rates and quite simply the fact that this is Thailand and you pay in baht, all prices are quoted in Thai baht.

As at June 2006, $US 1 = about 38.5 baht

McDonalds Big Mac combo (incl. Coke + fries) 95 baht

KFC fillet burger combo (incl. Coke + fries) 79 baht

Burger King Whopper combo (incl. Coke + fries) 139 baht

Can of Coke / Pepsi in a supermarket 13 baht

5 km / 20 km metered taxi ride 50 / 125 baht

Plate of fried rice on the street / in a food hall 25 / 35 baht

950 ml bottle generic brand drinking water 5 baht

1.5 litre bottle of brand name drinking water 12 - 15 baht

Kodak gold 100 print film 36 shot 79 - 140 baht

Local call from phone box (every 2 minutes) 1 baht

Singha beer 330ml / 640ml in supermarket 30 / 50 baht

Heineken beer 330ml / 640ml in supermarket 35 / 65 baht

Jack Daniel's 700 ml bottle 899 baht

Portion of fruit from street vendor (see pic below) 10 baht

Bangkok Post / The Nation newspaper 25 baht

Packet of cheap / expensive noodles 5 / 14 baht

Cheap / Expensive men's haircut 50 / 350+ baht

Levis 501 jeans - genuine, not fake 2,350 baht

Paracetamol 500 mg 10 tablets generic brand 10 baht

New release English lang. paperback novels 300 - 450 baht

New release English lang. hardback novels 595 - 995 baht

New release movie ticket at cinema 100 - 140 baht

Nightly new release VHS video / DVD movie hire 30 - 50 baht

New release DVD (copied) 100 - 150 baht

New release DVD (original) 120 - 1,000+ baht

Local phone call (direct phone line / apartment line) 3 / 5 baht

Durex condoms, pack of three 50 baht

6 x 4 inch photograph print 3 - 5 baht

1 litre of 91 / 95 octane petrol 28.99 baht/ 29.79 baht

1 litre of diesel 27 baht

Basically, most things that one needs to survive in Thailand are reasonably priced. Food, transport, accommodation and all of the other necessities like toiletries etc are cheaper than in the West. The things that can be expensive tend to be luxury goods, cars and anything which is not made in Thailand and therefore must be imported - like decent beef or dairy products. Prices can vary dramatically. In the local supermarket, a roll of Kodak film may cost in excess of 150 baht whereas in a souvenir shop in a touristy area, exactly the same product is selling for 110 baht - which is opposite to what one would expect in the West. In a camera shop a roll can be bought for as little as 85 baht. Figure it out for yourself! Unlike neighbouring countries like Laos and Cambodia, all of the necessities of life can be easily found in stores and are very reasonably priced, more often than not, cheaper than the West, or at least the part of the West where I'm from. There are convenience stores all over the city and you'll be doing well if you can find a part of Bangkok that doesn't have a 24 hour minimart / convenience store in the neighbourhood. 7 Elevens have been popping up at a phenomenal rate over the past few years. In fact the range of products available is far better in Thailand than in many Western countries.

While things are generally a lot cheaper here than in the west, I still spend more in Thailand than in I did back home. There are just so many things to do, so many places to go and visit and the shopping is an absolute dream - huge variety and other than high end imported goods, the prices are low. It is so easy to buy all of the goodies that are available and before you know it, your spending is skyrocketing. You do need to be careful or your spending can get out of hand. There is something about this city that really seems to suck the money out of you. If you are coming here on a holiday and are using one of the guide books, such as Lonely Planet, you can get the impression that you can survive here on very little - you can read about hotels for 100 baht a night, plates of food for as little as 10 baht. While these prices are genuine and it is true that you could survive here on next to nothing, very few foreigners do. Most people end up spending far more than they anticipated - but they still get excellent value for money.

Over the last few years Bangkok has got a lot more expensive particularly for Westerners. I say this because the sorts of things that the average Thai person buys or consumes have stayed largely the same. Fried rice, noodle soup and the like still can be found for 25 baht, an you can still get a pair of rubber flip flops for under 50 baht. But for Westerners prices have moved. The cost of renting an apartment has gone up due to a much higher occupancy rate. I am talking about apartments in the 10,000 - 100,000 baht bracket here. Cheap places remain much the same prices as they were many years ago. Restaurants where Westerners like to go have seen numerous prices rises over the last few years. I could rattle off the names of at least half a dozen of the most popular restaurants with Westerners in Bangkok where prices have basically doubled since 2000. And don't think this is all due to the soaring fuel prices the whole world is experiencing. A lot of other things have gone up too. Alcohol prices have gone up a lot, and while I am loathe to include it, the fees charged by ladies of the night have gone up a lot too. Prices were moving a lot well before fuel prices started going up. Bangkok remains affordable but it is nowhere near as cheap as it used to be.

Extend the loan agreement? Can that be done unilaterly or should the borrower be involved and sign as well? If so, the lender is practically at the mercy of the borrower, or otherwise he has to keep switching shareholders every 60 days.

It is done unilaterally, in that it is the decision of the lender to extend the loan.

And what happens, legally, if he does none of the above? Who do the shares belong to? I assume they just float in space??

The shares belong to the shareholders, who are registered at the Ministry of Commerce.

Will be there on Monday or Tuesday and hope everything will work fine.

Good to hear Alex. It will go smooth as long as you have the paperwork. Wait till you amaze the University. You should get extra credit for thinking outside the box, and not taking everything they told you as gospel.

Is this advice also standing for my friend who is here on a tourist visa? Thanks, Alex

A tad different. He needs to change his tourist visa to a non immigrant visa and then apply for the extension of stay based on education.

He will have to have at least 21 days left on the tourist visa to change it to a non immigrant visa.

We of course have had experience in the change of a tourist visa to a non immigrant visa and can help your friend as well.

My visa at present is a Non-Imm ED had renewed it twice "yearly" done by my university.

What is your purpose to stay in Thailand after July 15th?

You have 3 million Baht you can put in a bank acct or invest in a codo? This would be one solution, if you did.

Are you looking to get a job?

I really did not understand the 15 days part can you please elaborate becoz I heard it could be 30days or 90 days.

VISA ON ARRIVAL

- According to the Interior Ministerial Announcements, passport holders from 20 countries may apply for visas at the immigration checkpoints for the purpose of tourism for the period of not exceeding 15 days.

- The applicant must possess means of living expenses at the amount of 10,000 Baht per person and 20,000 Baht per family accordingly.

- The applicant must present full paid ticket which is usable within 15 days since the date of entry

- Visa on arrival is provided at 23 designated international checkpoints and applicants should submit the application form duly filled out and to which his/her recent photograph (2 ½ inches) is attached. The application fee is 1,000 Baht.

- Visitors who enter the Kingdom with Visa on Arrival generally cannot file an application for extension of stay except in special cases such as illness which prevents them from travelling, etc. They can submit an application at the Office of Immigration Bureau , Immigration Division 1, Soi Suan Plu, South Sathorn Road, Bangkok 10120. Tel. 02 287-3127 or 02 287-3101-10 ext. 2264-5 or at website http://www.immigration.go.th

List of 20 countries is as follows :

1. Bhutan : Kingdom of Bhutan

2. China : People’s Republic of China (including Taiwan)

3. Cyprus : Republic of Cyprus

4. Czech : Czech Republic

5. Estonia : Republic of Estonia

6. Hungary : Republic of Hungary

7. India : Republic of India

8. Kazakhstan : Republic of Kazakhstan

9. Latvia : Republic of Latvia

10. Liechtenstein : Principality of Liechtenstein

11. Lithuania : Republic of Lithuania

12. Maldives : Republic of Maldives

13. Mauritius : Republic of Mauritius

14. Oman : Sultanate of Oman

15. Poland : Republic of Poland

16. Russian Federation

17. Saudi Arabia : Kingdom of Saudi Arabia

18. Slovakia : Slovak Republic

19. Slovenia : Republic of Slovenia

20. Ukraine

Hi all...I have recently completed my masters in Bngkok and my visa is valid till 15th of July. I would like to know if there is any way of extending my visa further to a year. Secondly, I would also want to know what is the period i will be allowed to stay if i do a visa run to Cambodia, Lao or Burma. I am an Indian National.

Kindly help by doing the needful.

Thanking u in advance

Sunny

What was your visa based on now?

Secondly, I would also want to know what is the period i will be allowed to stay if i do a visa run to Cambodia, Lao or Burma. I am an Indian National.

15 days

Hi ! Have just bought a guesthouse in Chiang Mai and move there in Aug. I know there are a lot of info about this but i need all help i can get. We are gonna run the guesthouse like a family business and that is ok by the real estate owners since it´s a small place. I think i will start with a 3 months tourist visa ? Then what, i don´t want to pass the border every month, every third sounds better.

Thanks

Lars

Lars,

Why a tourist visa? You are going to be working in the business, no? You need a non immigrant "B" visa and then apply for the work permit. Have you set up a Thai company to acquire the assets yet in August?

If you are not going to need 4 Thai employees for your Guesthouse. Get a one year multi entry non B visa. You'll do a visa run every 90 days with a valid work permit

If you are going to have more than 4 Thai employees and be paying yourself over 50,000 Baht per month then you can do a extension of stay based on business in Thailand, simply get a 90 day visa. In Thailand the extension will be done and no visa runs are required.

www.lawyer.th.com

I'm thinking of going for a 1-year non-B extension instead of continuing to make visa runs every 90 days or less.

My multiple-entry non-immigrant B visa states "enter before 10th July 2006" and since I made my final entry on it a few days ago I'm stamped until 16th September and my work permit has been renewed until 16th September.

At what time should I apply for the 1-year extension?

Also does anyone know the current cost? I know at one time it was something like 12,000 baht under the table here in Phuket but hopefully it's not so much these days.

I've been fine over the last 3 years with just one Thai employee. Might this be a problem if I go for the extension (e.g. need 4 employees)?

I also heard that some people got it extended just for a month a couple of times before finally getting the 1-year extension. Is this still a possibility?

Any other suprises to beware of?

Thanks

If you would like to apply for an extension of stay by business (because you are tired of visa runs) Ifyou are married or have a investment in a condo from a developer or 3 million Baht in a bank, then you as the employer must have 4 Thai employees per foreigner. ( Unless your companies objective is Consultant or Agent, than it is only 1 Thai employee required) Each Thai must be getting the minimum salary of 5,520 Baht per month and the foreigner must be getting the following salary

United States, Canada, Japan 60,000 baht/month

Europe, UK, Australia, NZ 50,000 baht/month

Singapore, Hong Kong, Taiwan, Korea 45,000 baht/month

India, Malaysia, Middle East 45,000 baht/month

China, Philippines, Indonesia 35,000 baht/month

Africa, Lao PDR, Cambodia, Myanmar, Vietnam 25,000 baht/month

Journalists working for Thailand newspapers 20,000 baht/month

If you travel to BKK for your work, Apply for the extension in BKk, it does not have to be in Phuket.

www.lawyer.th.com

First of all, I was referring to your advice of having real Thai investors as shareholders, not for the legal tricks to make people somehow qualify as investors-to-be, whose investment will be or not be received in some point in the future. If the company were to be investigated, the loan agreement itself might not be enough as evidence that this loan actually took place. Where is the money? hunfreds of thousands of baht just given in cash? Transferring the money to their account and then to the company's might do the trick, but then again, many of the companies don't actually pay-in all the capital at this stage anyway, right?

Our organization specialize in linking Thai investors and foreigners together. Some Thais have funds to invest and some do not at that point but have other benefits to the foreigner. Embassies commercial services and chambers of commerce may also assist in finding JV partners which one party may bring connections and sweat equity and the other party the know-how and funds.

There is no difference between a shareholder that invests or a shareholder that buys shares with a loan or pays for 75% of the shares with non-cash such as service. Just depends on the by-laws, what their rights are.

As for a nominee, it is clear this will not work, as we have always stated You must have proof then that it was a shareholder and not a nominee. Did they have the opportunity to invest? Did they do so and how? if it was a loan, was their an agreement? Was money paid by the Lender?

.

The % of paid up capital is a minimum of 25 percent of the company's registered capital, which must be paid by the shareholders within 60 days, however no proof of payment is required by the Commercial Registrar's Office. This usually becomes an issue at the time of the company's first audit. The remaining 75% of the shares can be paid in non cash.

Second, if the major difference is having a loan agreement, once the 60 days are over and the shareholders did not pay, where do the shares go? The foreigner cannot keep the shares because he will own over 49%. They can't keep them either, because it's against the agreement. According to company documents they are still shareholders. According to the loan agreement the shares are not theír's. Who owns the shares? Do you call that a stable arrangement? Or should the foregiener keep moving the shares, signing loan agreements again and again every 60 days?

When that happens, the Lender has the option to extend the loan agreement, call in the pledge and transfer the shares to another Thai national/ juristic person( These shares can be transferred at whatever price as they already were paid for) or work out another arrangement with the borrower to pay for the loan in labor. Just like the bank, the lender calls the shots what he wants to do with the default. The borrower is at the mercy of the Lender. Sometimes the shares are reassign and other times the loan is extended and the shareholder remains as one, as they still owe the funds to the Lender.

If your planning on bringing in a lot of cash then the tax break will be huge. I like not giving away 30% of my money for 8 years.

It is a good deal but so you know on non BOI companies, the tax rate for less than 5 million Baht registered capital is 15% on the 1st million, from 1 million to 3 million it is 25% and over 3 million Baht, it is 30%.

If a company has more than 5 million Baht registered capital, it is 30% flat tax.

So the 1 million goes into the company account, to be used for company expenses. So the "companys money" will always remain in the companys account and I would only be able to spend my salary? Please excuse my ignorance but this is all very new to me.

It can be spent on computers, deposit, leasehold improvement, salaries, any type of operating or capital expenses.

What is the total cost for setting up a BOI and how long does it usually take? Unless I am missing something - this looks like the best way to go about it.

For a company this size it takes 2 months for approval. The professional fees are 69,000 Baht. You can apply before you set up a Thai company or set the company up and then apply. I would wait till you were approved and then set up the company. Remember the one million Baht is “ IT elated type business”. If you are looking to invest in a bigger or different type project you need to invest more, your debt/equity ratio can be no more than 3/1

The cost of Thai company set up can be found here.

http://www.lawyer.th.com/fees.asp

By the way, you can not use a Limited Partnership for a BOI company.

I have a non-immigration b visa ( 9 months) that is nearing its end and need some advise on how or what requirements i need to meet in order to get another re-issued, i do not have a work permit and have no-intentions of leaving thailand to return home, so will need to get a new one issued within Thailand....any help would be great

many thanks

The only way you can get it extended inside Thailand, Here is the short list with no detail on the criteria. To be provided if you meet one of these.

!. employment. you have a work permit.

2. you are married to a Thai.

3/ You are studying at a school

4. You invest 3 million Baht in Thailand.

5. Retirement: You are over 50 years old.

Otherwise you will need to go to a Thai Embassy/ Consulate outside Thailand to obtain a new one year multi entry visa..

www.lawyer.th.com

Can you confirm if you can obtain a new visa from any country outside Thailand or does it have to be from your country that issued your passport

Nationals of Algeria, Bangladesh, Egypt, India, Iran, Iraq, Lebanon, Libya, Nepal, Nigeria, Pakistan, Palestine, Sri Lanka, Sudan, Syrian Arab Republic and Yemen must apply in theior own country.

For the retirement visa, some countries will not issue a Non "O" for retirement. They will instruct you to apply in your home country. Cambodia Thai Embassy is one example and does not matter what nationality you are.

www.lawyer.th.com

can anyone tell me ..my father is renewing a retirement visa..have to show 800,000 in thai bank account..doctors cert..anything else..also did the first one in usa..what does he do now..we are only 35kg from the cambodian boarder..do you go to cambodia to do this ..or imergration before cambodia in thailand?..does he have to be their? can i just pay someone to do this for him in cambodia if he has to go? also anything i need for marriage visa renewal? i know the 400,000 is their anything else..

Extension of stay based on retirement.

This is done inside Thailand. No need to travel to Cambodia. In fact at the Embassy in Cambodia, they will not issue a 90 day ")" visa stating your father must return to the USA to apply.

this is what he will need.

Immigration form 7 (Tor Mor 7)

Copy of passport

4 cm. X 6 cm. Photograph

1,900 baht application fee

Financial Evidence:

Bank account pass-book, bank statement

Evidence showing reception of pension accompanied with Thai translation certified by the embassy or consulate of the country paying the pension

Evidence presenting other sources of income or evidence of money transferred from overseas

In cases of having dependents (husband / wife, children), the applicant must provide evidence indicating their relationship. Evidence must be translated into Thai and be certified by the embassy or consulate of the non-Thai citizens.

Health Certificate for those who apply for further stay after Nov. 14, 2002.

The officials reserve the rights to examine or ask for additional documents, if necessary

Applications Consideration

A foreign national must be older than 50 years old.

Financial documents state one of the following

A deposit of 800,000 baht at least , or

A minimum income of 65,000 baht a month , or

A deposit plus (monthly income x 12) not less than 800,000 baht.

The Health Certificate must indicate that the applicant does not have the following serious conditions:

Leprosy

Turberculosis, TB

Elephantiasis, Filariasis

Drug addiction

Alcoholism

Syphilis

Extension of stay based on support of a Thai wife ( marriage)

Immigration Form 7

Copy of passport

A 4 cm. X 6 cm. Photograph

A 1,900 baht application fee

Marriage Certificate

Birth Certificate of any children between you and your wife(if any)

Financial evidence showing financial status of the husband

Bank account pass-book, personal bank statement of the account owner.

Evidence indicating income along with related documents. If receiving pension, a document of pension payment certified by the embassy or consulate of the country that pays pension is needed.

Financial documentation:

- Bank statement and copy of bank account showing at least 400,000.- Baht deposit

- Employment evidence, work permit, and tax documentation showing an income of at least 40,000.- Baht.

In case of working in Thailand, Work permit and evidence of tax payment are required.

Documents indicating Thai nationality or permanent residence of the wife such as identification card (ID), census registration address / residence identification, or passport (in case that the wife is a permanent resident)

A record of interviewing the applicant and his wife.

Applicant must accompany his wife to the Immigration Bureau office to certify of all the documents.

The couple will be able to confirm that they are still husband and wife.

If you like to do this in Bangkok. Our professional fees are 6,500 for the extension of stay and 3,900 Baht for a renewal.

www.lawyer.th.com

Can i still have the main address for the company in my house i rent ?

If it is a Individual landlord

You will need to get a letter of consent to operate a business from the Landlord. Most will not want to do this as it then is a commercial lease which they will havce to pay 12.5% tax on the lease as they are in the system.

The Landlords personal ID.

The Landlords personal House Hold registration.

The Buildings House Hold registration

Map

Picture of the business from the outside with the address shown. Must have a sign with the name of the company.

Pictures inside the business

If it is a company that owns the building.

The Company registration paperwork updated within the past 60 days.

Sales purchase contract of the building.

You will need to get a letter of consent to operate a business from the Landlord. Most will not want to do this as it then is a commercial lease which they will havce to pay 12.5% tax on the lease as they are in the system.

The Directors personal ID.

The Directors personal House Hold registration.

The Buildings House Hold registration

Condo

If it is a condo, the by-laws in most condo associations do not allow a business to operate as it has increase wear and tear on the building.

You must have a sign outside the door and most condos disallow this.

Other Potential Problems

When the Vat people come out to see your company, they will need to be convinced it is a real business and not a sham.

Some Labor Depts tends to treat home based companies as hobbies.

What would it cost to set up a Ltd company with me as a shareholder for this purpose?

http://www.lawyer.th.com/company-registration.asp

Does 2 Million baht capital have to be registered or are any other options available?

If you are married, then it only has to be register capital of 1 million Baht. This can be paid up capital of cash or non cash.

Is the Ltd company route still viable now that the spotlight is on it for land purchases?

Yes.

What are the other options available to me with regards to starting a company/business?

1. You could have a 49% foreign own company with preferred ordinary shares. The foreigner has more voting rights. You don't use nominees ( NEVER use nominees) but real Thai shareholders that are looking to invest/ JV. Under the Thai Civil Commercial Code, promoters can pay for the shares with cash or non cash such as service or equipment. This can be in the By-laws of the company how the shares will be paid for. If it is cash and you felt they would still bring something to the table then you could loan them the money to pay for the shares as well. You must have a loan share agreement and proof the loan was made with other documentation. You only need one Thai shareholder and the other 6 shareholders can be foreigners.

Other sophisticated strategies could be employed which will protect your interest, as long as it is in the by-laws and has been approved.

2. The holding company and operating company, works as well. The only negative is that it is under debate now, if it violates the Alien Business act and the other negative, its double bookkeeping. However in 1999, this was discussed in Parliament and after a number of days of debate, was allowed to stand. One company has 50,000 Baht register capital.

The Thai shareholder only needs 6,250 Baht or they need to provide service, equipment such as a computer to be a 51% shareholder.( 25% paid up capital of the 51% share for the registered capital of 50,000 Baht) This holding company then is a company holding the shares in the other operating company that is 2 million Baht. You funded the 50,000 baht company as a Director with a 350,000 Baht loan to invest in the 2 million Baht company. The 2 million Baht funding came from either equipment, inventory or service or cash. If it was cash for 25% of the shares. This would be 500,000 Baht. 255,000 Baht came from the Holding company and 245,000 Baht from the foreigner shareholders.

3. You could form a company with a American. Then you could have 100% of the shares under the Amity Treaty as long as the American(s) has 51% of the shares and the majority of the directors are American or Thai.

4. You could apply for the Foreign Business License as this on List 3 of restricted businesses for foreigners. If you are approved, you can own the shares 100%. You must invest and have registered capital of 3 million Baht ( to obtain the work permit as well, they will look at your companies bank account in this case) if you are approved, you may be subject to conditions such as minimum debt/equity ratio, as well possible number of alien directors resident in Thailand, period of nvestment, technology and assets.

www.lawyer.th.com

I have a non-immigration b visa ( 9 months) that is nearing its end and need some advise on how or what requirements i need to meet in order to get another re-issued, i do not have a work permit and have no-intentions of leaving thailand to return home, so will need to get a new one issued within Thailand....any help would be great

many thanks

The only way you can get it extended inside Thailand, Here is the short list with no detail on the criteria. To be provided if you meet one of these.

!. employment. you have a work permit.

2. you are married to a Thai.

3/ You are studying at a school

4. You invest 3 million Baht in Thailand.

5. Retirement: You are over 50 years old.

Otherwise you will need to go to a Thai Embassy/ Consulate outside Thailand to obtain a new one year multi entry visa..

www.lawyer.th.com

Ok, I have just applied for University in Thailand (I am currently in Thailand) and will need to change my NON-O visa into the student one. From the university, they told me that in order for this to be done, I should get back home and apply for the student visa from the Thai Embassy in my country? What should I do, I just came back to Thailand three weeks ago and the ideea of spending 14 hours in plane to go home and another 14 to come back is killing me

No need to change this visa. You simply apply for the extension of stay based on education on a "O" or "B" or whatever non immigrant visa you have. Get this paperwork.

Copy of passport

A 4 cm. X 6 cm. Photograph

A certified document from the President of the institution

The document must contain the following details of the Applicants:

Name Family name

Age

Nationality

Total academic years

Student code number (if any)

Level of education

Curriculum

Funding

Education transcript

A Permit to Establish Higher Education Institution

An approval document of President's Appointment

If you like us to help you, bring this to our office and we'll apply for you. Our Professional fee will be 6,500 Baht plus 7% Vat. No visa extension for one year, no charge.

www.lawyer.th.com

Sunbelt: When you talk about BOI you mention that I would need to invest 1 million baht, where does that 1 million baht actually go?

And 8 year tax break, meaning, NO taxes for 8 years?

Sounds like an ideal setup if you get aproved.

EDIT: Can you also buy land under this setup?

The million Baht goes into your companies bank account.

Correct no taxes for 8 years but it could stretch to 13 years.

If the company lost money in the first 3 years. Year 4 and year 5, you use those losses to offset profits. The BOI tax holiday can kick in year 6 to year 13.

You can buy land for your business and if approved, for the personal residence of the MD.

It would have been better if you just left the question unanswered. Alternatively, saying that you were wrong in the past, learned from your mistakes, and now give correct advice would have been honourable as well.

What mistake? We always have said no nominees. Our advice is 100% the same as it was 4 years ago. Nothing has changed one iota.

I know for a fact that your employees function as shareholders in companies you set up, without investing anything. You don't really want me to give names or upload documents, do you?

You better be glad it wasn't the case. If it was, you may have to pay a fine from 100,000 to 1,000,000 Baht and imprisonment of up to three years using a nominee, the same penalty as the Thai national. No Thai shareholder if it was someone we knew , ever was a nominee. You are confusing a shareholder versus a nominee. A nominee signs a share transfer and proxy votes. A shareholder buys the shares with cash or non cash such as service, equipment, inventory and has votes. If they don't have the funds on that date to invest, or had provided the service or equipment, they had 60 days to pay for the shares as it was a loan that was registered.

If you want a extra security step of protection, and if was cash the loan was based on, you as the foreigner should have a bank slip showing that 25% of the paid up capital had been transferred into the account of the borrower ( Thai national), who then transferred the funds into the company bank account. Rather than you transferring the money for the Thai national into the companies bank account yourself.

I don't know who you are, but if you set up a company with us. Go to our office on Friday, if in your file, the Thai national did not have the money and you do NOT find a loan agreement that the Thai National signed with the pledge of their shares as the security for the loan and their Id card, Sunbelt will owe you 100,000 baht. I'm that positive that every case, is told the same. Even if you have a copy of the agreement, it does not matter as three copies are signed with the pledge. One copy is not kept at the office for extra protection in case of natural disaster.

Go back to your retainer and check the professional fees and you'll see you were charged 3,000 Baht for this loan documentation. Go back to your notes and you'll remember it being explained not to use nominees and if you needed other possible shareholders, why they would not be nominees.

That's just nonsense. A person whos invests money or equivalent is entitled to be a shareholder with rights. A person who receives money to sign his name is not entitled to anything.

If they are a nominee and the company was set up with common shares. You'll find out you as the foreigner have no rights. The Thai nominee has all the rights and you can be kicked out as the MD and the company taken over. Cause that is how 90% of the Thai limited companies with Thai nominees were set up by other firms. Standard By-laws and no control for the foreigner except being the MD. The shareholders decide who the Directors are.

I invested myself over 2 million Baht for 5% of the shares in a Limited company. Do I have any rights? Not much according to the by-laws of the company. I knew that going in but took the shot because of trust. We'll see once the company sells, if my trust was justified. If I get screwed, nothing I can do.

Problem is that the BOI process is expensive and difficult. If you expect moderate income and don't want BOI, I just don't see other options then those that were described in this thread.

We have only briefly looked into the BOI path before, but it certainly looks to expensive and difficult for us. We are looking for something basic but secure and it seems to be hard to find. Will certainly look into the BOI route again though.

Expensive is a one time fee of professional fees of 69,000 Baht to apply for BOI approval? You only need to invest one million Baht if you are approved. Thats it with unlimted work permits, Tax Holiday for 8 years. Opportunity to own shares 100% Most folks would say this is not expensive. Perhaps you thought it cost more?

You don't want BOI, apply for the Alien Business License which means no Thai shareholders are required. The Thai government approves it.

Well its not only that, but what happens if your company gets dissolved for whatever reason or we decide to sell it. Those bylaws that protected our money before dissapear don't they?

No

If the company is sold then the money goes back to the investors doesn't it?

No.

It goes to whomever, the shareholder vote was is in the minutes of meeting, authorizing the sale and where those proceeds should be sent to.

And if thats the case we are legally entilted to only 49% of it!

No. This is not the law. You could be entitled to 99.99% of it. Depends how your company was structured in the by-laws on how many votes you had, surmising you voted in the meeting that your shareholding class would get the funds. Depends also on the investors in the company, how you want to reward them. But if set up right, you would have that control.

For that matter even if it was 100% common shares, nothing states in the Civil Code, you must get 49% of the funds, if you own 49% of the shares. Your company is set up wrong, you may get zero.

Well this is the thing, I contacted Sunbelt last year and they said they would provide the Thai people for me to act as 'shareholders', now correct me if I'm wrong but if I had gone with that advice and set up my company I would now be in charge of an illegaly set up company. Is that correct thinking?[

If it was by e-mail, it also stated not to use nominees and warned you not to do so. In my last post, I went to great detail explaining the difference between a nominee and a Thai shareholder.

So the thing is who exactly do we turn to when we want to set up our company? Should we just get our own independent lawyer and do it our own way?

[

Don't know what you mean by independent lawyer and doing it your own way? In your orginal post, you stated you had no way at this time and was looking at other countries to form the company. Did you read the 6 options given to you in this tread by us. Not one of them works for you?