Sunbelt Asia

Apologies for the delay in response, end of year rush.

In our experience, regional Embassies and Consulates will not issue the multiple entry non B visa even to those with a work permit. However, it is possible to obtain the multiple entry non -B in many of the Australian consulates with the work permit applied for.

Additionally, the minimum salary that a foreigner must earn (actually paying tax on) is 35,000 Baht (not 30,000 Baht).

[sunbeltlegal][/sunbeltlegal]

Sorry for the late response, even a probationary employee is entitled to paid sick leave but it cannot be more than 30 days in one year. Normally anything over 3 days requires a medical certificate

[sunbeltlegal][/sunbeltlegal].

In A Thai Limited company three shareholders are required and at least 51% of the shares must be owned by Thai nationals if the business does not fall under certain qualifications allowing for 100% foreign ownership; such as a company that only exports, or if the company is being set up by American nationals using the Amity Treaty, or under the aegis of the Board of Investment (BOI). In your case you would need to set up a Thai Limited Company that is majority owned by Thai people unless you are an American and then you could open an Amity Company, with three shareholders but as the American you can own the majority of shares.

A limited company in Thailand must have at least 2,000,000 Baht of registered capital in order to obtain one work permit. We recommend that 25% of the shares are paid in when setting up the company, to show that the business has working capital and has not been set up purely to provide a work permit. Once you hire four Thai employees and have 2,000,000 Baht of registered capital, you will be able to obtain one work permit through the company.

Sunbelt Asia does not have a branch in Chiang Mai but these are the very basics of starting a business. If you would like to have a free consultation next time you are in Bangkok please feel free to contact me

[sunbeltlegal][/sunbeltlegal]

Sunbelt Asia uses a very good service for all shipping needs

Dawn Shipping ask for Robin Loh

Dawn Shipping (Thailand) Co., Ltd
184/107, Forum Tower, 20th Floor, Ratchadapisek Road,
Huaykwang, Bangkok 10310, Thailand
Tel: (662) 645 2218-9 / (662) 938 0846
Fax: (662) 645 2217
Email:

[sunbeltlegal][/sunbeltlegal]

Apologies for the delay, we were off for New Year. I will address both posts here, if that is ok.

You should contact your legal representative, it is likely that the document was a letter of appointment appointing a lawyer for your case. Your lawyer will need to draft a statement of claim which will be based on the documents and information provided.

As for the criminal offense, even though the suspect has made a confession the prosecutor would still have several options including.

1. proceed with the court trial

2.. Not to proceed due to lack of evidence (as the suspects confession may or may not be accepted)

3. Or delay proceedings as they feel that further evidence needs to be collected.

You may speak in court in English but proceedings and documentation are all in Thai and an interpreter may be required. It is not recommended to represent yourself in a Thai court as all proceedings are in Thai.

[sunbeltlegal][/sunbeltlegal]

This is not a restricted occupation so you can work as a translator but it is recommended to have "Language Consultant" (and the language) listed as the company objective. You will need a work permit for this so you must follow the usual procedure of 4 Thai employees and 2 million baht in registered capital (1 million if married to a Thai national).

You will also need to check with the Embassy if they have any certification requirements.

[sunbeltlegal][/sunbeltlegal]

There are no real hard and fast rules here, some banks will and some banks won't. It can even vary from branch to branch!

Your best option would be to take the paperwork and all documentation to several banks for an evaluation. Although you should be aware that many banks will be reluctant to evaluate until you actually submit your loan application.

[sunbeltlegal][/sunbeltlegal]

I am afraid it is not possible to obtain a work permit with a non-ED visa. You must take your WP 3 form showing that you are in the process of applying along with company documents from your employer to an Embassy or Consulate outside Thailand to obtain a non-B. Once you have the non-B you can then obtain the work permit.

Please be aware that because you are Nepali you most likely will need to return to Nepal to apply for the Non-B in your home country.

[sunbeltlegal][/sunbeltlegal]

The Ministry in charge of environmental issues is the Ministry of Natural Resources & Environment. However, because it is a factory, there are quite a few other laws governing it which are set by different ministries such as the Factory Act which is under the Ministry of Industry, the Building Control Act under the Ministry of Interior etc.

You may wish to consult a lawyer to find out the specifics of what you plan on doing since it is so widespread across ministries.

[sunbeltlegal][/sunbeltlegal]

Another option to a Foundation is an Association. It is similar process to the setting up of a Foundation but the objectives and purpose would be different. Foreigners can be directors and committee members but you would still need at least one Thai to be a committee member.

Let me tell you a bit more about what a Foundation must and must not be. The Foundation's Objective must not be illegal, against the good morality of the public, or be harmful to the peace or national security.

Hi

Ghost shareholders are generally not a good idea, in Bangkok at least they are checking bank accounts.

Since your wife is Thai then the registered capital can be 1 million baht. If your wife is the other shareholder (please be aware you need 3) if she is holding 51% of the 1 million baht company then during the establishment process she would need to provide a bank statement and letter of confirmation from the bank showing that she has 510,000 in her bank account, as would any Thai shareholder.

As the foreigner you would need to provide a bank statement showing you have the cash to cover your shares.

Once the company has been established (let’s say that it was recorded that 1 Million Baht is fully paid up by all shareholders). The company’s auditor would check on the status of the money paid and would want to know how the capital was spent; ie on assets or working capital The unused amount should be shown on the company’s bank account.

For example, if you spent 400,000 Baht on assets and covering expenses over the course of the year then your auditor will ask where is the remaining 600,000 Baht, if the amount is in the account at that time, then it is fine, but if not, you would to explain to the auditor where the funds are, such as a loan to the director.

Please be aware that Thailand does have an FDA and does require FDA approval on food products, this will be an extra cost to consider when setting up a company. Also, another thing to be aware of is if you set your wife as a Director then she cannot count as one of the 4 Thai employees.

[sunbeltlegal][/sunbeltlegal]

You would need to file a decrease of capital with the Department of Business Development (DBD). This would normally take about 2-3 weeks. There is normally an additional grace period for debtors and creditors to come forward. This would also mean that the LImited Liability would also be reduced.

When you decrease the shares you can eliminate the preferred shares. Then later, you would increase the registered capital (ie the number of shares) back to the original amount. The entire process could take a few months.

If you need help or advice with the process please feel free to get in touch with us via PM

[sunbeltlegal][/sunbeltlegal]

You can be the owner or director of a company that engages in a prohibited occupation but you cannot hold that occupation yourself. For example, you can own a beauty salon but you could not be a hairdresser yourself.

I hope that clears things up.

[sunbeltlegal][/sunbeltlegal]

Most cases involving the non repayment of some sort of debt usually are considered under Civil laws. If you win after taking them to court for the repayment of the debt then you can file with the courts to appoint a prosecutor to seize assets. You have up to ten years to file with the prosecutor to seize available assets to sell at auction to repay the debt.

I am not sure if this is exactly the answer you were looking for, please feel free to email or PM me for further discussion if you need more clarification.

[sunbeltlegal][/sunbeltlegal]

It would depend on what type of case you choose to pursue. If you you are suing on criminal basis then he would go to jail and you would not get any money.

If you are suing him on a civil basis you would get a court decision but with no assets and no income it would be a waste of your money. If you choose to sue you must show the agreement and that it was made in Thailand, or that either of the parties is a Thai or residing in Thailand.

[sunbeltlegal][/sunbeltlegal]

How much authority the Thai shareholders have would depend on what kind of shares they hold and what kind the foreigner holds at the time the company is set up. There are two tiers of shares; Preferred shares and Ordinary shares. Ordinary shares carry 1 vote for every share and Preferred shares carry 1 vote for every 10 shares.

If the foreign partner formed the company with the Thai partners holding preferred shares then his or her voting power would be stronger.

It is important to note that the Thai government is cracking down on companies that have been formed for the sole purpose of purchasing land, if the business is an actively trading company with Thai shareholders who have invested money in the company and not nominee shareholders then there should be no problem with the government.

[sunbeltlegal][/sunbeltlegal]

Ownership of a Thai Limited company must be majority Thai shareholders except in some cases. The exceptions to this would be BoI companies or Amity treaty companies. In Bangkok they are checking the status of the shareholders to make sure that they are legitimate and did have the funds to invest in the business. "Ghost partners" are being checked. We recommend that you find real Thai partners with real funds to invest. Check with Sunbelt Asia for different ways to find joint venture partners or investors.

As for distribution of dividends, this would be determined by the shareholders whether there would or would not be any distribution of dividends (in the event of sufficient profit generated during the past accounting year) this would be determined by a shareholder vote and the outcome could either be that dividends are distributed to shareholders or further invested in the company or held for company reserves.

[sunbeltlegal][/sunbeltlegal]

To determine whether or not you need to impose VAT tax on IT services you would need to clarify on the following:

1. What is your definition of IT services? (e.g. Hardware or software or servicing of online connection, etc.)

2. Where is the server (for some services provided to online business that has a server outside of Thailand)?

3. Where does the service take place? How?

If the server is outside Thailand, then VAT (7%) should not be imposed.

But if it (the server) is located in Thailand, then you would need to collect the 7% VAT.



There is only 1 rate for VAT, which is 7%

Feel free to contact us by email or PM if you need further information

[sunbeltlegal][/sunbeltlegal]

As a Thai citizen, you would have a variety of entities to choose from in operating your business in Thailand. If you do not have any business partner to co-invest into your project, you could establish a Sole Proprietorship. But if you have 1 business partner, you could form a Partnership but if you have more than 1 business partner, then you could even consider the incorporating of a limited company Each different kind of company has different liabilities, if you would like to learn more please feel free to contact me via personal messenger to set up an appointment to go over the various business entities available to you.


Imported food products must be recognized and approved by Thailand’s Food and Drug Association (FDA) in order for the product to be released from the Custom Department. You will also need a Food license which would be given out after inspection to ensure your shop meets all safety and hygiene laws. We have extensive experience obtaining FDA licenses in Thailand and can assist you with this process when the time comes.

[sunbeltlegal][/sunbeltlegal]

Hi

If your company opens up a second shop with a different name it would be a good idea to register it as a trademark but there would be no need to open a second company for the new shop. You need to make sure that the second shop coincides with your company objectives, if it does not then be sure and add those objectives to your company.

[sunbeltlegal][/sunbeltlegal]

So long as the company falls within the required capitalization requirements and is paying into the social fun on the correct number of employees (2 million baht per work permit, 4 thai employees) then you could work as an adviser or consultant so long as you do not teach in a classroom

[sunbeltlegal][/sunbeltlegal]

Hi Gorgo,

Unless the company has received permission to operate as a Representative Office by the Department of Business Development then they are not able to open a corporate bank account in Thailand.

[sunbeltlegal][/sunbeltlegal]