6 hours ago, webfact said:

...and use a common spoon while eating together to prevent themselves from contracting Rotavisus...

Can one presume that mean a spoon to move the food from the serving dish to the individual's own dishes..?
If so, I think that's going to be a difficult change in rural Thai life-style...

19 hours ago, evadgib said:

Did your receipt not explain?

(Serious question as they ARE given these days!) 

I'm trying to search my memory for Samui Immigration receipts...

–think it has happened once, a few years ago – perhaps I'm just dreaming? Shouldn't I had it framed and hanging on the wall in my study? – but last time in October I didn't get one...

Most of the times I paid 2,000 bath the 1,900 baht extension, never asked for change or receipt, was just happy to get my extension fast, and without any additional problems and questions; in the new office I'd surprisingly been gifted with 100 baht change...

10 hours ago, Wermland said:

She says she does't want anything but, of course gold I understand is nice. Since we have not been together for so long, a baht gold chain does not feel right, maybe 1/4 baht but is it too small, or should you exclude gold entirely?
appreciate some suggestions please

All Thai women like gold, it's age related; but you're right that 1/4 baht of gold may seem small.

For many, if not most, Thai women making face matters more than the actual gift – especially if she's on a social network and can share photos – a good alternative for a younger woman, and still make face, is a brand name parfume, which you can buy in airports when travelling to Thailand. For the equivalent of up to the price for 1/4 baht of gold, you should be able to buy a nice parfume, but choose a commonly well known brand, I have for example noticed that many thai women likes "Christian Dior"...

3 minutes ago, Russell17au said:

If the insurance and tax have not been paid by the rental company then the bike is unregistered and then the financial responsibility falls on the bike rental company and it is responsible to pay both the Thai girl and the Korean family the compensation that is owed to them. I think the police fined the rental company for not paying the tax and the insurance and if the families could get a copy of the infringement then they would stand a good chance even here in Thailand of being able to lodge a claim through the courts for compensation against the rental company. Being an unlicensed rider does not remove the third party cover of any insurance which is the mandatory insurance connected to the tax (registration) on the vehicle. The rider is the only person that is not covered by any of the insurance issues, the pillion rider and the pedestrian are covered by the third party insurance which is the renters responsibility to have not the bike rider. The family of the Thai girl and the Korean need to go and hire a good lawyer and lodge a claim through the court against the rental company

I don't know if the mandatory third party insurance covers a driver without valid license, I was referring to the driver's travel insurance.

Compensation is a civil case, and the mandatory third party insurance covers 50,000 baht only per person.

I was involved in a case 2 years ago – close friends lost their 1½ year old son in a traffic accident – where a motorbike was without insurance cover and unpaid tax. Even the victim's family (my friends) did not request compensation – as the mum said, it would not bring her son back to life – the police still asked the motorbike driver to compensate with 50,000 baht to the victim's relatives, as that was the amount a mandatory insurance would have paid; the driver's family paid the compensation. The police said they would raise charges against the motorbike driver, but we had no interest in following the case, so I don't know the outcome.

However, police may act different where I live (Koh Samui), compared to how police act where the accident with the Russian driver happened (Pattaya).

Yes, the owner of the motorbike should be responsible for the mandatory compensation, i.e. 50,000 baht to each third party victim, whilst the estate of the deceased driver – if he is at fault, as stated – could be sued for further compensation. However, I'm not familiar enough with the mandatory Thai insurance to know, if a passenger (or pillion rider) on the motorbike, the girl in this case, is considered as third party.

6 hours ago, evadgib said:

The 3km-ish stretch between Honda Maenam and the gas station after the Lompriah entrance (used to be ESSO) would make a good film set for the Clangers! 

 

 

Had to Google first, to understand this very British statement – yes.

3 hours ago, Russell17au said:

That is exactly my point, because the rental company had not renewed their mandatory third party insurance how did they re-register the bikes? Are all their bikes unregistered and uninsured? That rental company is responsible to meet those cost to those families of the Thai girl and the Korean man. If they do not or cannot pay up then the company owners should be sent to jail and their property confiscated and sold and the money given to those 2 families. 

The bikes still have the number plate, but the sticker – which shall be visible on the bike – with year and month for paid tax (and insurance) had not been renewed. It's not unusual that Thais drive on a motorbike without paid tax (and insurance), but should of course not be the case with a rental bike.

However, the story don't say anything about the rental company, apart from insurance (and tax) had not been renewed. A foreigner may not know what to look afor (the sticker) when renting a bike, and anyone can put a bike outside with a sign "For Rent".

Furthermore, if the renter and driver of the bike, don't have a legal license for motorbike, a travel insurance may not cover; and some travel insurances don't cover riding a motorbike, valid river's license or not.

OP, It's little unclear if you own a house on leased land; or you lease a property including a house.

Anyway, your lease cannot legally be any longer than one term of 30-years. For legally transferring the remaining period of the lease to another – i.e. sell the house with the remaining lease period for the land under the house; or sell the remaining period of the property lease – the lease agreement shall include a right to sub-lease to third party.

Blue House Book is for the house and it's Thai residents, but does not indicate any ownership. Yellow House Book is issued to alien resident(s) under the Blue House Book. However, a foreigner can have status as "Master of Household", which mean that no (Thai) names can be included in the Blue House Book, without the approval from the Master of Household.

You can probably find answer to your questions at this web-page, and the links to further informative sub-pages:
Thai Real Estate Lease Leasehold and Rent laws (Samui For Sale)...

Quote

Leasehold and re-sale of a lease agreement

Lease of Immovable property

THE RIGHT TO SUB-LEASE AND ASSIGNMENT OF A PROPERTY LEASE

Lease in the Civil and Commercial Code is placed under the rubric contracts and as a hire of property primarily a personal contract right of the lessee (termination upon death of the lessee) with aspects of a real property right. This is the reason why under Thai law the right to sub-rent or assignment of a residential lease agreement is only allowed if the lease agreement contains the right of the lessee to transfer his lease rights or transfer possession of the leased property to a third person (section 544 ). The right of the lessee to sublet or assignment of his lease must be included in the lease agreement or the lessee is under Thai laws not allowed to sublet or assign the lease to another person.

 Read more: Sub-rent, sub-let, assignment of a residential lease

Quote

Lease contract and lease term

THE TERM OF THE LEASE AGREEMENT CANNOT EXCEED 30 YEARS

The term of a real estate lease in Thailand may be fixed or periodic. The maximum lease term in Thailand is 30 years (section 540). Any lease of immovable property for a longer period than 30 years in Thailand may only be made by renewal of the lease contract upon its expiration. Based on supreme court judgment it is possible to say that a valid and enforceable renewal can only be made within a period of 3 years prior to the expiration of the first lease term (not 30 years prior to expiration). If for example the lessor and lessee have executed 2 or more consecutive 30-year lease agreements it shall by law be deemed as 1 lease and reduced to 30 years.

 Read more: Real Estate lease term and extensions

Quote

Options in a lease contract

TRANSFER OF OWNERSHIP DOES NOT BREAK RENT BUT BREAKS CONTRACT RIGHTS IN THE LEASE AGREEMENT

Contract rights vs real lease rights

The content of a registered lease agreement in Thailand can be divided into rights given under hire and property laws and rights based on general contract law and the freedom of contract between the parties. The practical importance of the two relates to the future enforceability of contract promises and obligations in a contract, especially in case ownership of the property is transferred during the term of the lease. Real lease rights in a lease agreement are enforceable against third parties and once given the promisor can't change his mind or take it back should the circumstances change. A simple promise by the lessor to do something in future (renew a lease in 30 years time) can be revoked or may turn out unenforceable under Thai contract law.

 Read more: Contract options in a lease agreement

Kindly recommend that you consult a lawyer for clarification of you actual lease agreement...

1 hour ago, spidermike007 said:

Police Sergeant-Major Kanthachat Nua-on can attest to that. 

At a speed trap he had set up on a stretch of elevated expressway outside Bangkok, he watched car after car pass him at speeds well in excess of the 80km/h (50 mph) limit. He did not bother to ticket them.

"If we strictly follow what the law says, and issue a ticket for people driving over the speed limit, then we will end up booking everyone."

 

It is called sloth. Incompetence. Indifference.

Yes, the authorities need to change the attitude of driver's behavior in traffic, and begin issuing speed fines – even it's for everybody – could be a start; or perhaps check if the 80km/h speed limit is correct at that particular place, or should be little higher for better traffic flow..?

Rules also needs to make sense, to be accepted and kept.

Specific for Samui a clean up in road signs is needed. I mentioned in an earlier post that there are numerous speed limit signs at the Maenam stretch of the main road, by locals known as the Ring Road. In general there's a 60km/h speed limit on the island, which is signed at the two car ferry harbors (might be other places also); but there are numerous local limits of 50km/h, 45km/h, 40km/h and the newer yellow pedestrian zone markers with 30km/h, and recently placed big temporary banners with 30km/h at places with many fatal or serious accidents. However, that many mixed signs with different speeds can be confusing.

At the stretch the Russian man was driving in direction from Bo Phuput towards Bang Por, crossing Maenam – and we don't know from the news story where he began driving, could be in Maenam, but presume he either drove though Maenam, or was familiar with that part of the Ring Road, if living in Maenam – he would see a mix of 40km/h and big 45km/h signs when passing school areas (there are three), and big end-markers of the 45km/h limit. The School signs are new; seem like someone decided to make very large signs, and extended road marks, and pedestrian zebra crossings, without checking that existing signs has other limits; i.e. 40 km/h. The last school with 45km/h before the spot of the accident in question, is actually inside a 30km/h pedestrian zone; which signs are repeated just after the place of the accident.

However, even the signs are confusing, and need a proper clean up, one should be aware that the area is not suited for fast driving or "speeding" – as it's reported in the news article to be said by the witness – that part of the Ring Road is also one of the few remaining parts with the old uneven cement paving, instead of even tarmac. The last unfortunately lead folks to drive faster than before the roads were upgraded.

Some Thai media stars that people look up to, could be banners for good driving, instead of the opposite, which unfortunately seem to be more like what hit the news...

4 hours ago, BigBadGeordie said:

I assume this prosecution will be lead by the "Department of Future Crimes" in association with the "Thought Police".

I don't dare to even think about that...

5 hours ago, Russell17au said:

When I register my car and my bikes I must produce an insurance policy.

Isn't that insurance to cover anyone that I injure or kill?

Where is that insurance which would be paid for by the rental company when they register that bike?

Was that bike registered?

That insurance is mandatory with the registration of any vehicles registration.

Yes, also in Thailand, and when the vehicle is one year old, you're going to pay road tax for the next and have a new registration slip on the vehicle, and to get that, you also need to show the mandatory third party insurance, covering up to 50,000 baht per person, for that coming year, you bay the insurance year-by-year. However, the news article stated that the renting company had no insurance on the motorbike, and therefore also cannot have renewed registration for another year, and paid tax.

3 hours ago, spidermike007 said:

As I have stated previously-

And why are these drivers speeding in the first place? The primary reason is the toy police force. Nobody, and I mean nobody takes these guys seriously. There is absolutely nothing in the way of a deterrent here, and both the local governments, the central government (weak Little P.) and the police do not take traffic safety seriously. Not even one iota. The safety of the public means less than zero to the small men in charge here. Nothing. They show that on a daily basis.

I would say that the main problem is those drivers that are driving too fast and/or in other ways not driving accordingly with local area and road conditions. If the drivers would act with just some reasonable level of common sense, there would be far less accidents. Blame the drivers – and also some pedestrians not looking out before crossing as a street – before blaming the government and police; numerous warning signs and street markings are already in place (many more since you, spidermike007, left the island), so just act accordingly.

However, I agree in that more road checks – for mainly drunk drivers, but also speeding – and better education of drivers might help, and that counts for both locals and foreigners. Some foreigners in Thai traffic states after an accident that they did something stupid, they would never dream about doing at home (quoting fx. a British lady recently after motorbike accident at Phuket); I'll save you for a long list of stupid foreigners I've experienced in Samui's traffic. In this case it was a foreign, Russian driver that, according to the witness statement reported in the news, was driving (too) fast.

1st February 2018: Registration opens for
10th June 2018: Samui Half Maraton...

7 minutes ago, South said:

Sorry KhunPer, you are wrong. The building on the left in the OP is in fact The Pink Mango bar. And where the car is stopped, it looks like it has come to a stop in the opposite lane to which it was going.

 

RIP Pete.

Yes, and sorry, I just realized and posted a correction...

1 hour ago, khunPer said:

One thing is the speed limit signs, another thing is the actual speed of vehicles – especially at this spot at night many cars drives (very) fast, and way too fast for view and road condition; and I talk from experience as being very familiar with that spot.

 

There are by the way no beer bars right there, but a soup street kitchen open late night on the opposite side of where the body lies on road, and on same side a small art gallery selling coffee and soft drinks, but I think they close early.

I need to stand corrected – not being a regular bar customer – that there actually is a bar there, in the house with lit windows in the background of the image. For info, here's the spot a Google Street View.

There are numerous speed limit sign along the road through Maenam Bay and village (today same-same), with 40 km/hr.; and new ones with 45 km/hr. in the pedestrian crossing areas (yes confusing), and yellow signs reminding one of "City Limit, reduce speed", and fairly new yellow signs with pedestrians and 30 km/hr. as it's close to the markets (between morning market and evening market). However, cars often speed up at night.

2 minutes ago, richard_smith237 said:

 

Without being an expert it would appear that IF the speed limit was signed at 30 kmh the impact damage may imply that the speed limit was being exceeded.

 

With that said - model vehicles are designed to 'cushion' upon impact with a pedestrian and the damage would appear far more severe and suggest a higher impact speed to laymen such as ourselves.

One thing is the speed limit signs, another thing is the actual speed of vehicles – especially at this spot at night many cars drives (very) fast, and way too fast for view and road condition; and I talk from experience as being very familiar with that spot.

There are by the way no beer bars right there, but a soup street kitchen open late night on the opposite side of where the body lies on road, and on same side a small art gallery selling coffee and soft drinks, but I think they close early.

13 minutes ago, Cranky said:

If THE car stopped after impact exactly where it is in THE  photo he was driving on THE wrong side of THE road.  Always in Thailand look left, look right, look left and right again, look up and down, look left......

Well spotted.

8 hours ago, robblok said:

Yes its unacceptable, but not being insured is not a police matter they can fine the guy, but the families need to go in civil court to claim damages. Its not much different in other parts of the world. At least not in my country, its not like the police is going to start a civil case for the victims. The police can only fine them for not having insurance (as has been done) and then its up to the families to do the rest. 

 

It sucks but its normal procedure, however i expect the guy to move all his possessions to someone else. It seems that all the crooks do that here once they get in trouble. 

If not changed recently, in my home country the previous insurance company should still cover third party – i.e. not the Russian driver – and the insurance company could then claim compensation from the owner of the vehicle (or perhaps driver), that has not keep the vehicle insured as stated by Law. The police would (at least) fine the owner of the vehicle.

If the Russian tourist had a travel insurance, it might include a third party liability.

If any of the victims had a PA insurance, that would probably cover, or cover some (riding a motorbike may be reduced coverage). The Korean tourist maybe also had that included in a travel insurance, or home country family-insurance.

Agree in that "it sucks" – I hope the families will get some better compensation.

1 hour ago, lust said:

The photo is kind of strange. It appears the body is blurred beside the car, yet the car is in the middle of the road. I’m assuming the driver stopped his car in the middle of the road after striking the pedestrian. Unless someone moved the car parallel to the body to get a photo of it. 

 

I just don’t understand how he was hit if he was waiting to cross the road. 

 

No conspiracy theories. Just interesting.

If the body is thrown 25 meter, as a witness said, the speed of the car might have that high, that the car needs 25-30 meter to stop. I'm by the way familiar with the area, and it's signs says "30 km/hr. pedestrian zone"; however some of the street lamps are malfunctioning at the moment, as also stated in the news article that it dark (at night).

21 hours ago, robsamui said:

Thanks for this. So can anyone answer my question please?
What is the monthly cost of running a small company?

Service fee for accounting is often 1,000 baht a month, i.e. 12,000 baht a year;

Annual audit 18,500 baht, i.e. 1,542 baht a month.
Numbers are from Koh Samui 2018-accounting, presumably quite typical for that island, and might be different in other areas. If you have no other activities in the company – i.e. no employees – the annual cost is 30,000 baht, i.e. 2,500 baht a month.

Adding an employee you'll need to pay Social Security of 10% of the salary, min. 500 baht and max. 1,500 baht a month (if min./max. has not changed); count ca. 850 baht to 1,000 baht a month to cover a minimum Thai salary, where normally half (5%) is paid by the employee, and half (5%) by the employer (i.e. 400 baht to 500 baht a month); furthermore you shall pay 157 baht a year (2018) to Social Fund.

There's no minimum salary for alien workers on Work Permit, but Immigration will not allow extension of stay based on Work Permit without a certain income and corresponding income tax paid; the size of income is depending of the alien's home country; in average you shall count minimum 50,000 baht a month. An alien worker is not mandatory in Social Security, but can join and receive similar benefits, herunder health benefits, as Thai employees.

Normally you'll need 4 Thai employees plus a fully paid shareholder capital of 2 million baht for obtaining one alien Work Permit, but there might be lower limits of number of Thai workers depending of business requirements; consult an experienced business lawyer for specified information.

With four Thai employees and similar high activities with increased number of account records, your monthly accountant service fee will probably be higher than 1,000 baht.

3 hours ago, 3421abc said:

I have a very important question about creating a Thai company to own a home.

 

Let's say I buy a home and create a company so I can "legally" own it.

 

I have 49% of the shares and other(s) Thai hold 51%.

 

Now what happens if the Thai partner

1 -passes away

2- disappears (in case I want to sell later)

3- become liable in a law suit or in debt to a bank. Can they come after his shares on the "business"?

The Thai company limited is a shareholder company, and the 51% of the shares are held by one or two Thais – the minimum number of shareholders are three at foundation time; I presume it continue to be minimum three – so it'e merely what happen to a shareholder's shares.

To my knowledge (I'm a shareholder in a Co. ltd.):

1.

The shares will be inherited accordingly with a Last Will, or the Law if there's no Last Will. If the inheritor is one of the remaining two shareholders, some (minor amount of) shares will need to be sold or transferred to a new third shareholder.

(We are four shareholders in the Co. ltd. I'm shareholder in, so in case one passes away and the shares are inherited by one or more of the remaining shareholders, there will be no change in the names, apart from deleting the name of the one that passed away, and change the amount of shares by those that inherited some; i.e. no new shareholder need to be found.)

2.

The company can sell the property, as long as the directors (the board) has power to do it; but one shareholder cannot sell all the company's shares without the other shareholders accept. However, some lawyers will issue blank transfer agreements to be signed by one or two shareholders, so a third shareholder (legally) can dispose the sale of all the company's shares.

3.

You may need to ask a business lawyer specific about this.

In my home country we often added a clause in smaller limited companies that transfer of shares should be approved by the board of directors, and that the shares could not be used as security for debt, and that third party could not take mortgages in the shares for debt that do not relate to the company. Perhaps something similar may be legal in a Thai Co. ltd.

In the "Articles of Association" in the Co. ltd. I'm shareholder in – probably some basic clauses used in a majority of smaller limited companies – it says in the section about "Shares and Shareholders" only:

"The transfer of share shall be made in writing and signed with the name of the transferor and the transferee, by having two witnesses sign their names to certify and shall be able to use in the company and outsiders only when the company registers the announcement of such transfer to shareholders registration."

You might find some information here in Thailand Civil and Commercial Code (part II)...
 

Quote

Section 1132.

If by some event such as the death or bankruptcy of any shareholder, another person becomes entitled to a share, the company shall, on surrender of the share certificate when possible, and on proper evidence being produced, register such other person as a shareholder.

4 hours ago, simoh1490 said:

40 million baht for 1 Rai is the Thai BOI scheme.

 

You cannot separate the land from the house from a farang ownership perspective, you could try with a new build but the Land Office wont play ball.

 

Best you can do is to have a Thai own the land then take an usufruct on the house, that works well.

Superficies might be of more interest for a house, than Usufruct.

State in your Last Will – or similar valid document – that you don't wish any service, and that donate your body to science...

4 hours ago, everett kendall said:

You will need a minimum of 2 Thai in the company. These are members do not receive income from you. They can be Thai friends, relatives or clerks in the law firm between them they will own 51% of the company.

Nominee or proxy shareholders are not allowed anymore (changed years ago, when changing from minimum 7 shareholders to minimum 3 shareholders in a Co. ltd. The 51% Thai shareholder(s) may need (shall) to show proof of funds.

You only need one Thai shareholder – three shareholders in total – but the Thai national(s) shall own 51% of the company's shares.

An experienced property lawyer will know what way to make the right set-up accordingly with present Laws...

3 hours ago, Delight said:

   I read that in fact a foreigner can own 100% of a house.

They simply cannot own the land that the house sits on.

 

This sounds logical

 

Therefore -is there any benefit for the OP to organise the ownership of the land and the ownership of the house as seperate entities?

To my knowledge you cannot separate house ownership from land, if it's already registered together.

The way a foreigner can own a house – but not the land under it, which shall be leased and/or superficies agreement – is the either build the house with all permission and contracts in the foreigners name, or to buy a house that is already separated ownership from the land.

24th March 2018: Koh Samui Midnight Run...