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Power of Attorney in Thailand

Power of Attorney in Thailand. If you would like to give someone the power to act on your behalf for a short term within a specified scope or even permanently, we can draft a Power of Attorney.

The person giving the authority is known as the Grantor or Principal and the person receiving the authority is the Agent. Siam Legal can expertly assist in drafting a POA that meets the legal requirements of Thai law.

General Power of Attorney

A power of attorney is an instrument that grants authority to another individual to act on your behalf. It can be general, conferring broad legal authority, or a special power of attorney that is limited to specific deeds. It is very important that it be in writing and that it has witnesses and a notary public seal.

For foreigners who are doing business in Thailand or attempting to obtain various government documents, it is often necessary to sign powers of attorneys for different purposes. We can expertly assist in drafting these to your specifications.

Having a well-drafted power of attorney can be extremely helpful when dealing with Thai bureaucracy. For example, it is not always possible to be present during the transfer of ownership at a land office so having a power of attorney in place can be very beneficial. Powers of attorney can be either durable or revocable, and must conform to the formal and substantial requisites set out in law.

Special Power of Attorney

There are situations where the person concerned can’t appear personally to handle legal matters like land office transactions, managing some bank accounts or keeping a safe deposit box. In such cases, he can appoint someone to act on his behalf. However, the appointed person’s actions will not be binding if there is no legally authentic document supporting his authority.

The Power of Attorney is a legal instrument that authorizes another person to act on behalf of an appointing person. The appointing person is called the Principal or the Grantor while the one who receives the authority is called the Agent.

Siam Legal with its branches strategically located throughout Thailand specializes in the drafting of Powers of Attorney. Our foreign and Thai lawyers will set a consultative audience with both the Principal and the Agent prior to the drafting of the instrument to make sure it conforms with all formal and substantial requisites for its validity and enforcement under Thai law.

Property Transfer Power of Attorney

While it is normal that you attend the transfer of ownership at the Land Office in person, there are situations when it is necessary to give someone else power of attorney to complete this process on your behalf. This can include situations where you have to travel abroad for work or other reasons and cannot be present for the transaction.

A Power of Attorney in Thailand can be general, giving broad legal authority or special, limiting the agent to act in specific circumstances. Thai law requires that both the Principal and Agent be legally competent to execute a Power of Attorney. Furthermore, it is essential that the document be written correctly and authenticated to meet the requirements of Thai law.

There are also specific forms of powers of attorneys required by different offices. For example, the form to sell a property is very different from the one required to register a chanotte. Our firm has extensive experience drafting and authenticating power of attorneys in compliance with Thai law.

Financial Power of Attorney

If you wish to allow someone to manage your business, finances, properties or assets in Thailand or carry out a deal on your behalf during your absence in the country, we can expertly assist you in drafting a Financial Power of Attorney for you.

When a Power of Attorney is executed in Thailand, the applicable legislation rules that the Grantor and the Agent must be in capacity and capable of granting and executing the authorized acts as prescribed by the document. It is also important that a Power of Attorney be drafted clearly and concisely so that the powers are well defined.

For property transfers, the Power of Attorney must be completed in accordance with the forms provided by the land office authorities. In general, the form must be signed by the Principal in front of witnesses or a notary public (depending on whether the Principal is abroad). The document should also be legalized/notarized. (Note: If the Principal is completing this outside Thailand, the document will have to be presented to the Embassy for legalization before it can be used in Thailand).)..

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Notary Public in Thailand

Notary Public in Thailand. As a hub for international business and home to people from all over the world, Thailand often requires the services of a notary public. Many institutions, including banks, embassies, and government offices will require certain documents to be notarized.

While a notary public does exist in most countries, in Thailand only particular attorneys designated with the role of Notarial Services Attorney by the Lawyers Council can perform authentication services regulated by the law.

What is a Notary Public?

A Notary Public is an official that is fully licensed to authenticate documents, signatures and witness oaths and testimonies. A document notarized is a guarantee that the document is authentic. Notarization is often required by government agencies or organizations when dealing with foreign affairs, such as obtaining a passport or visa.

A notary verifies the identity of a person signing a document and can stamp or seal that the document is genuine. A notary may also certify a translation of a document or administer an oath.

In Thailand, a notary is not as common as in other countries. The Thai Lawyers Council only allows specific attorneys to act as notaries and they have to complete a professional course and training to be able to provide this service. Documents that were notarized in Thailand will have to be further legalized/authenticated at the Ministry of Foreign Affairs of Thailand Legalization Division if they are used abroad. These documents can be personal or business related, but most are for passport applications and for a foreigner moving to Thailand.

What are the Requirements to Be a Notary Public?

Many documents must be certified by a notary public to ensure their authenticity. These include copies of passports, signed documents and affidavits.

In most countries, notaries are commissioned by the state to authenticate signatures and documents. They are also able to administer oaths and collect sworn statements and testimonies.

While Thailand does not have a formal notary public system, the Lawyers Council has a regulation in place that allows lawyers to be registered as Notarial Services Attorneys. This gives them the authority to perform authentication services regulated under the Lawyers Act.

Documents that are drafted or signed abroad need to be notarized in order to have them accepted by the Thai authorities. This is because Thailand is not a member of the Hague Convention on Legalization of Foreign Public Documents. Therefore, these documents will need to be further legalized or authenticated by the Ministry of Foreign Affairs of Thailand, or an embassy depending on the situation.

What are the Benefits of Having a Document Notarized?

Any individual or entity who needs to verify the authenticity of a legal document or contract will need to have it notarized. This is because notarization serves as an effective deterrent against fraud by ensuring that the document has been signed and authenticated by a qualified official.

In most countries, notaries are authorized to verify the identity of a signer, witness signatures and documents, and administer oaths. They are also required to keep a journal of all their notarizations, which is an important part of protecting the integrity of the process.

While the consular section at the British Embassy in Bangkok provides notarial services for UK citizens, this service is limited and does not cover all types of documents that may need to be verified or authenticated. In order to avoid confusion, it is recommended that any British citizen looking to have a document notarized should contact a licensed Thai notary public. This is especially important if the document is to be used overseas.

How to Find a Notary Public in Thailand

In Thailand, notary services are commonly required by institutions like banks as well as embassies, schools, government and private companies or even by individuals who need to verify the authenticity of a document presented or submitted to them. The document may be needed for many reasons including applying for a visa, buying a property or conducting business with foreign companies or partners.

In most countries, notary public’s are authorized by the state to witness signatures on documents as well as authenticate and certify them. In Thailand, however, only licensed lawyers registered as a Notary Service Attorney with the Lawyer’s Council of Thailand are allowed to provide notary services.

Siam Legal offers notary services for affidavits, acknowledgements and authentications. Contact us today if you have any questions or concerns regarding notary services in Bangkok and around the country. Our friendly and knowledgeable team is always on hand to assist you with any of your needs. We are proud to offer notary services for clients worldwide.

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Breach of Contract in Thailand

Breach of Contract can have serious consequences for your business. Although lawyers will often attempt to settle contract disputes through informal methods such as a demand letter, it is sometimes necessary to take legal action involving Thailand courts.

This article will explore some common types of contractual breach and how it is remedied under Thai law.

Contracts in the Construction Industry

Whether a contractor is working on a project for an agency or for a private client, they are usually required to provide a contract that specifies the terms and conditions of their work. These contracts must be in writing. If the contractor does not follow these contract requirements, they may be in breach of their agreement.

In Thailand, contracts are regulated by the Civil and Commercial Code (CCC). A contract can be oral or implied but must have an offer and acceptance to be legal. Vague or ambiguous contract terms can lead to disputes.

In an effort to improve transparency and combat unfair payment practices, Thai lawmakers have introduced a bill that would prohibit conditional payment clauses in construction contracts. The bill also aims to reduce transaction costs by allowing for statutory adjudication proceedings on payment disputes. This could be a beneficial change for international businesses working on projects in Thailand. However, it is important to understand how these changes could impact a breach of contract dispute.

Non-Disclosure Agreements (NDAs)

NDAs are a common contract tool in Thailand, used to protect sensitive information such as trade secrets, business strategies, intellectual property and customer lists. NDAs are usually mutually-binding and can be enforceable in court, but it’s important to consider the nuances of Thai law when drafting an NDA.

The terms of an NDA must be fair, reasonable and not against public policy or good morals. It’s also advisable to include both Thai and English versions of the NDA and clearly define the choice of jurisdiction and dispute resolution mechanisms, which can improve enforceability.

Breaches of NDAs can have serious legal and reputational consequences, such as termination of contracts and employment, loss of business opportunities and damage to your brand’s image. If a breach of an NDA occurs, it is crucial to act quickly and seek injunctive relief from the court. This may involve sending a cease-and-desist letter, or filing a lawsuit and requesting a temporary restraining order or preliminary injunction.

Damages

The most common way that a breach of contract leads to a legal dispute is for one party to seek damages. This can include compensation for the cost of performing the contract as well as any other loss or injury caused by the breach.

The Thai court system provides methods to retrieve the amount ruled in a court case including seizing assets or liquidating them. However, this can be a lengthy and costly process. Most attorneys will try to settle matters like this out of court.

It is important to understand the legal framework, types of breaches, available remedies and resolution methods before entering into a business relationship in Thailand. A good attorney will have experience in local and international disputes regarding contracts and can provide advice on the best way to proceed with a dispute without resorting to costly and drawn out litigation. A lawyer will also have the skills to negotiate a resolution to a contract dispute in a manner that is best for your business.

Rescinding a Contract

Contracts are the cornerstone of business transactions and legal relationships in Thailand, just as they are worldwide. However, contractual disputes do arise and it is important for both businesses and individuals to understand the legal framework, types of breach, available remedies, and resolution methods.

The most common remedy for breach of contract is damages, which are monetary awards designed to compensate the non-breaching party for losses incurred as a result of the breach. However, a party may also seek specific performance, which is a court order requiring the breaching party to perform its obligations as stipulated in the contract.

Alternatively, parties may opt to resolve their disputes through arbitration. This is a form of alternative dispute resolution in which a neutral arbitrator or panel hears the case and renders a binding decision. However, if all other methods fail, litigation may be necessary. The court’s decision will be final and binding on the parties.