Sunbelt Asia
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There are different type of patent that you can consider:
- Patent
- Invention
- Product design
There is also the Petty Patent - when your product (invention or design) does not qualify for the PatentThis process is open to all nationalities and countries that have enlisted themselves in the PCT (Patent Corporation Treaty). Basic and brief requirements are:1. Petition form (for PCT)2. Detail of the desired patent product (Thai and English).The time frame around 30 months and the fee to the patent authority is 1330 Swiss Francs (because you are registering your patent with a global authority) plus our fees for filling.To be able to use the words “Thai Technology” or “Made in Thailand” does not relate to the patent issue. It will be more involve in the production (manufacturing) process [i.e. place of origin]If you do not manufacture this product in large amounts and do not market them the a work permit will not be required. But once you start manufacturing them large scale and selling them a work permit is required but you do not need one to simply apply for the patent.[sunbeltlegal][/sunbeltlegal]
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My apologies for the delay, we were closed for Songran
I am assuming you have a work permit as the Managing Director of you own company (it is required). As such you will need a second work permit for the new employer and a letter of permission from the original employing company for this second work permit.
You will need to take into account any conflict of interest that could arise between your original employer (your company) and the second company that employs you.
[sunbeltlegal][/sunbeltlegal]
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It is possible to have a Thai Limited Company that is 51% owned by a Thai partner and 49% owned by foreign partners where the foreign partners are directors. However, if this company is being set up to purchase land then Sunbelt Asia recommends that it be an actively trading company, that is a company that is doing business in Thailand that purchases the land for the purpose of its business as there have been noises being made by the Land Department that inactive companies set up solely to purchase land will bescrutinized.Also it is important to note that the Thai side would need to show funding in his/her personal bank account (amount equivalent to or greater than the amount of share) i.e.if the Thai shareholder is about to own 51% of a 2 Million Baht company (which is worth 1,020,000 Baht). he or she will need to show this amount in their personal bank account to eliminate the doubt of being a nominee shareholder rather than a valid investor in the business[sunbeltlegal][/sunbeltlegal]
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I am afraid the answer here is no, you are not necessarily entitled to any bonus (including paid vacation) if they choose to exercise the termination before the distribution of bonuses.
And since it is a government school if you want to make a claim it will need to go through normal Civil Court (not the usual Labor Court). Employees of government schools do not use the Labor Court or their severance or compensation scale. The chances of successfully claiming on your bonus will depend on what is written in your employment agreement, how you present your case and how they (the school) defend their side.[sunbeltlegal][/sunbeltlegal] -
Currently they count by the total number of shares owned rather than by voting power.So for instance if you have a company with 100,000 shares in total and you had 51% (51,000 shares) held by Thais and the other 49% (49,000 shares) held by non-Thais and even if the shares that the Thais are holding are preferential share (diluted to 10 share equal to 1 vote) and the shares that the Non-Thais are holding are common/ordinary share (1 share equals to 1 vote) the company would still be considered as a Thai company based solely on the number of shares held by Thais.In this case Company B would be 51% Thai owned as Company A is still a Thai Limited Company based on the fact that it s a majority Thai owned.[sunbeltlegal][/sunbeltlegal]
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Should your boss decide to terminate your employement as an employee you are entitled to the following rights:1. To be paid up to the date of your employment. i.e. if the last day that you work is on the 20th date of the month, you are to be paid up to that date.2. The employer has a duty to provide a written notification of no less than 1 month. Failure to comply, the employer will need to provide compensation for the advance notice.3. The employer will need to provide severance to the terminating employee.
- a. You have worked consecutively for 120 day or more but less than 1 year; the severance paid to the employee will be for 30 days
- b. You have worked consecutively for more than 1 year but less than 3 years, the severance paid to the employee will be for 90 days
- c. You have worked consecutively for more than 3 years but less than 6 years, the severance paid to the employee will be for 180 days
- d. You have worked consecutively for more than 6 years but less than 10 years, the severance paid to the employee will be for 240 days
- e. You have worked consecutively for more than 10 years, the severance paid to the employee will be for 300 days
However, if you have been warned for committing the same offense in both writing and verbally so that the Employer feels forced to terminate the employment and the cause of termination has been provided then no severance is due.If you were never warned and terminated without cause then the best course of action is to appeal to the Labour Court, they are employee friendly and it does not matter if either the employer or employee are not Thai.[sunbeltlegal][/sunbeltlegal]
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VAT is separate from personal income and corporate income tax and must be paid once her revenue reaches more than 1.8 million baht. If she does not have sales over this amount then she does not need to register for VAT but as soon as it does hit 1.8 million baht she must register for VAT.
Assuming she does not wish to hire you as an employee and provide you with a work permit then she can register a simple sole proprietorship at the District Office and then apply for an e-commmerce permit from the same office.
VAT is Value Added Tax. An example would be if say you opened a restaurant business.
You buy raw materials (rice, vegetable, poultry) there is no VAT added, but if you buy a stove then there is. If you buy a stove for 100,000 Baht, your supplier will impose a VAT of 7%. So you would be paying 107,000 BahtWhen you are selling your food at 100 Baht per plate, If you are listed in the VAT system, then you would eligible to add VAT of 7% so your customer pays 107 Baht per plate.Each month you will have to file your monthly VAT for the VAT that you paid (to your suppliers) and the VAT collected (collecting from your customer)They (VAT Paid and VAT Collected) could be used to offset each other. But if your collection is more than what you have paid, then the excess amount will need to be submitted to the Revenue Department. If you paid more than you collect, unfortunately it will be difficult to get the money back from the Revenue Department , it is normally kept as a creit on VAT with the Revenue Department.[sunbeltlegal][/sunbeltlegal] -
Should your boss decide to terminate your employement as an employee you are entitled to the following rights:1. To be paid up to the date of your employment. i.e. if the last day that you work is on the 20th date of the month, you are to be paid up to that date.2. The employer has a duty to provide a written notification of no less than 1 month. Failure to comply, the employer will need to provide compensation for the advance notice.3. The employer will need to provide severance to the terminating employee.
- a. You have worked consecutively for 120 day or more but less than 1 year; the severance paid to the employee will be for 30 days
- b. You have worked consecutively for more than 1 year but less than 3 years, the severance paid to the employee will be for 90 days
- c. You have worked consecutively for more than 3 years but less than 6 years, the severance paid to the employee will be for 180 days
- d. You have worked consecutively for more than 6 years but less than 10 years, the severance paid to the employee will be for 240 days
- e. You have worked consecutively for more than 10 years, the severance paid to the employee will be for 300 days
However, if you have been warned for committing the same offense in both writing and verbally so that the Employer feels forced to terminate the employment and the cause of termination has been provided then no severance is due.If you were never warned and terminated without cause then the best course of action is to appeal to the Labour Court, they are employee friendly and it does not matter if either the employer or employee are not Thai.[sunbeltlegal][/sunbeltlegal]
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Your wife can open a sole proprietorship which she registers at the local District Office, please be aware that if she goes this route she will not be able to provide you with a work permit since generally they will not issue work permits to sole proprietorships.
However, it is advisable that she does register her business at the District Office, there is no need for it to be a Thai Limited Company, the process for registering this kind of business is fairly straightforward.
She will still need to enroll her employees in the Social Fund and make the monthly payments to ensure they stay enrolled, this regulation is required for all employers.
[sunbeltlegal][/sunbeltlegal]
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Should your boss decide to terminate your employement as an employee you are entitled to the following rights:1. To be paid up to the date of your employment. i.e. if the last day that you work is on the 20th date of the month, you are to be paid up to that date.2. The employer has a duty to provide a written notification of no less than 1 month. Failure to comply, the employer will need to provide compensation for the advance notice.3. The employer will need to provide severance to the terminating employee.
- a. You have worked consecutively for 120 day or more but less than 1 year; the severance paid to the employee will be for 30 days
- b. You have worked consecutively for more than 1 year but less than 3 years, the severance paid to the employee will be for 90 days
- c. You have worked consecutively for more than 3 years but less than 6 years, the severance paid to the employee will be for 180 days
- d. You have worked consecutively for more than 6 years but less than 10 years, the severance paid to the employee will be for 240 days
- e. You have worked consecutively for more than 10 years, the severance paid to the employee will be for 300 days
However, if you have been warned for committing the same offense in both writing and verbally so that the Employer feels forced to terminate the employment and the cause of termination has been provided then no severance is due.If you were never warned and terminated without cause then the best course of action is to appeal to the Labour Court, they are employee friendly and it does not matter if either the employer or employee are not Thai.[sunbeltlegal][/sunbeltlegal]
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Hi Uwe
It is possible, first you will need to execute the Share Transfer form transferring the shares from the current Thai shareholder to your daughter, of course this must be done by the current Thai shareholder.
You need to be aware that you cannot represent your daughter in managing her assets, it must be her Thai parent. Finally, if you wish to sell your daughter's shares while she is still a minor then Court approval will be necessary.
If your company is located in Bangkok then Sunbelt Asia can assist you with the share transfer form and its filing.
[sunbeltlegal][/sunbeltlegal] -
Company A would be considered a Thai company, currently they are counting by the number of shares not the voting. So, let's say you have a company (100,000 shares in total) and you had 51% (51,000 shares) held by Thais and the other 49% (49,000 shares) held by non-Thais and the shares that the Thais are holding are preferential share (diluted to 10 share equal to 1 vote) while the shares that the Non-Thais are holding are common/ordinary share (1 share equals to 1 vote) this company will still be considered as a Thai company based on the number of shares held by Thais.
If you are the owner of Company A then you would need to ensure that your Thai shareholders would be willing to go along with your decisions as a minority shareholder.
[sunbeltlegal][/sunbeltlegal]
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Hi Alan
I am afraid it depends on the bylaws of your condominium. There should be a handbook of all the condo regulations and if it is in the condo's bylaws then it will be listed there. You can ask the juristic manager for the handbook if you do not have a copy. If it is not in there then at the next election you can show that the regulation is not there and request to watch the vote count.
[sunbeltlegal][/sunbeltlegal]
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If the company was not closed and no annual audits were filed then there will be fines levied on the company by the Department of Revenue. Sunbelt Asia can check the with the DBD to find out the status of the company and if there are outstanding fines levied on the company. You say you and your wife were both registered on the company so she would have received notifications from the DBD in regards to this.
Please feel free to contact Sunbelt Asia, we can assist you in finding out the status of your company, we would need the name of your company your full name and your wife's name.[sunbeltlegal][/sunbeltlegal]
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Technically you can register the franchise in your own name but difficulties could arise with that. Firstly would you be overseeing any of the operations or simply monitoring it? If overseeing then you would need a work permit. Also, it is important to note that you receiving royalties on a monthly basis from the company could raise red flags that you are working without a work permit.
You might want to consider setting up your own company that would then sell the franchise rights and would control the activities of the sub-franchisee. This way would be more legitimate so that you could work closely (and legally) with your sub-franchisee and your royalty income would not be viewed with suspicion.
[sunbeltlegal][/sunbeltlegal]
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Purchasing a condo using your Hong Kong company would set the condo under the foreign ownership quota of the building and the money would have to be transferred in for the specific purpose of purchasing a specific company.
Also be aware that you would need to provide company registration documents and getting the embassy to certify + translate into Thai and certify at the Ministry of Foreign Affairs. Minutes of the shareholders meeting would also be required.Another issue would be in opening a Thai bank account, a foreign entity would encounter problems opening a Thai bank account and could pay for the condo by transferring the funds directly into the seller's bank account and asking the seller to obtain the FETF from their bank.If you wish to avoid these issues then you could open a Thai company to purchase condos but again, minutes of the shareholders meeting and company documents would be required. However, since these would already be in Thai then translation would not be needed and neither would the MoFA certification since the company is Thai.[sunbeltlegal][/sunbeltlegal] -
Unfortunately, employees of government schools cannot appeal to the Labour Court as you have found out and the Administrative Court is the correct place to go for this case.
It is unclear on what the school wants you to sign off on, it could be a release from further action and that you have received your pay. It could be signing off on your work permit or it could be that they are asking you to waive your rights and drop the Administrative Court Case.
Regardless, the only recourse for you would be the Administrative Courts if attempting to negotiate with the school director does not work. You might want to consider phoning them directly and explaining the difficulty for you in returning to the school to sign whatever it is they want you to sign.
[sunbeltlegal][/sunbeltlegal]
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Sunbelt Asia Legal Advisors will always recommend to any potential buyers that they perform due diligence on the business they are considering buying. Sunbelt Asia, as part of the Worlds largest business network, has extensive knowledge on what to look for and has performed this service many times for potential buyers.Our rates start at 5,000 baht per million baht of the asking price. The minimum charge is 25,000 and the maximum is 200,000 baht.For that we have a large checklist of questions we ask the owners and we do a comparison with other hotels in the same area and same price range for a good indication of fair value.[sunbeltlegal][/sunbeltlegal]
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It is actually possible for you to obtain certification in Thailand in accordance with Section 31 of the Dental Act BE 2537
There are requirements however; you must be a member of the Dental Council, to obtain admission to the Dental Council you will need possess a Dental degree which is accredited by the Dental Council., posses no record of misconduct with the Council, have never been sentenced to imprisonment by committing a crime which is seen as a dishonor to the profession, do not suffer from a mental disorder or disease. You must furnish a diploma and license to practice from your home country that is recognized by the Dental council and pass the exam from the Dental Licensing Board. They may require additional training even if you fulfill all these requirements.
Please be aware that the exam is in the Thai language.[sunbeltlegal][/sunbeltlegal]
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It would really depend on the bank, how long your company has been in business and how many assets it has
Your best bet would be to approach each bank directly to check
Present the following to the bank:- A set of their company registration documents (along with the director’s info – ID card / house registration / passport)- A copy of the property information – title deed, house registration,- Pictures and map of the property- Bank might ask for the Sale and Purchase Agreement, Annual Audits,etc.See if the bank has any other request or terms or conditions[sunbeltlegal][/sunbeltlegal] -
Yes this guarantor system is used by some companies. I know of several instances where the friend who guaranteed then had to pay the company even though it was the employee that stole. Both were single moms who could not afford it, in both instances they had to pay 5,000 a month until the bill was cleared. They were only doing their friend a favor, obviously they are no longer friends with the person they guaranteed.
Companies want to protect their assets so they can demand anything they want. It is up to you to decide if you feel comfortable working for them under these conditions.[sunbeltlegal][/sunbeltlegal]
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The information requested on the work permit application should be answered as best as possible. For example, a specific home country address is not necessary but you should specify the country at a minimum. Blood type is required and the medical certificate you will need for the work permit application specifies that.As for the education certificate the officer will generally prefer to have the certificate but do understand that some may have their educational certificates in their home countries and are difficult to obtain. A CV could be used as a substitute source of information but its important to note that for some occupations (such as teacher) the work permit office will require the original document.Just a reminder, this is our experience with current practices and procedures and they may change in the future.[sunbeltlegal][/sunbeltlegal]
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This "sign" tax is a local tax applied to all businesses and the fees are calculated not on the size of the sign, but on several factors. A sign with Thai language only will have the lowest tax while a sign where the Thai language is above that of the English wording will be much less than a sign with the Thai language below the English wording. A sign with English (or other foreign language) will pay the highest tax.This sign tax is applied all over Thailand at the local level and is method used by local governments to raise funds for projects on the local level.The alcohol restrictions are nationwide also and alcohol cannot be sold in stores or restaurants before 11 a.m. and from 2 p.m. to 5 p.m. The thinking behind this is that it will restrict younger people from purchasing alcohol.[sunbeltlegal][/sunbeltlegal]
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It is possible for a foreigner to own a franchise but he (or she) would not be able operate them. You will need a juristic entity to operate your business in Thailand. Some Franchise companes would also require their Franchisee to operate under a juristic entity (as part of their basic requirement) too.
Your company can be 100% foreign owned if you are American and operate it under the Amity treaty, otherwise it will need to be Thai Majority owned. Three shareholders are required, even with the Amity treaty there must be three shareholders; in an Amity company the American can own a majority of the shares while in a regular Limited company Thais must own at least 51% of the shares.
[sunbeltlegal][/sunbeltlegal]
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What is considered a nominee company?
in SME Business in Thailand
Posted
A nominee company is one in which the Thai partners invested no money themselves.