Author Archive

Family Law & Divorce

Family Law contains Marriage & Divorce, Prenuptial Agreement, litigation etc.
  Marriage Divorce In Thailand marriage must be done by registering it and it must be conducted in a legal way following the rules and keeping in mind all the requirements and exemptions of marriage. In the same way a divorce can be taken by the partners on request or through the court in Thailand. Litigation In family law another thing that is counted is litigation. It includes criminal litigation, break of contracts , etc. Prenuptial Agreement A prenuptial agreement is a financial plan of how the husband and wife will manage their assets and properties after marrying. Also how the property and assets will be divided in case of divorce. So prenuptial agreements must be made before marrying to protect one’s right otherwise if not made then the assets and property will be managed according to the Thai law and rules.  So it’s in the best interest of both the partners to make an prenuptial agreement before getting married.

Prenuptial Agreements

If you want to draft a prenuptial agreement and need the help of a law firm we are the right people for the job. A prenuptial agreement is an agreement between both husband and Wife on how they will manage their assets and property after they get married. Who will get what and how much he she will get it. Not only this but also what will happen if the husband and wife separate then how will be the division of assets made. So it is a plan of how will the assets be divided upon divorce or how the assets and propert will be controlled during the marriage life. So it is a financial contract that tells how a couple will manage the financial aspects of their marriage life.

So a prenuptial agreement is a plan for the unexpected mishap that is a divorce e.g. So it is a backdoor exit that protects your rights and assets and property. So a prenuptial agreement must be prepared in a very careful and thoughtful manner. 

What happens if a couple doesn’t make a prenuptial agreement?

If a couple doesn’t have a prenuptial agreement and they already got married it the marriage will be valid. But if a couple later separate in the form of divorce then the property and assets will be divided according to the Thai family law system. So it is better to write a prenuptial agreement that protects your assets and property. 

Why you need a lawyer?

A Prenuptial agreement is valid if the requirements are met and also it must be in accordance to the Thai law. So a lawyer can assist you in this matter.

Contracts & Public Notary

We translate documents into Thai- Eng, Eng-Thai and into most of other languages. We also prepare legal contracts that are between two parties or more. We make perpetual contracts and other types of contract as well. We translate your documents into any language without that becoming a headache for you. Also we help you to draft it possible that the contract made is in best legal way possible so you can rest assured that you are in good hands.

Limited Company

A company can be set up in 3 major forms of business organization. Those are a sole proprietorship, partnership, public limited company or corporate company. A limited company is a company in which the partners have limited liability equal to their number of shares. So this reduces their liability and thus this is the most preferred and recommended form of business. Especially for foreigners because it enables them to have more authority, power and ownership of the company as compared to other forms of business setups. If you want to form a new company we can help you with not only the registration process but also to get a work permit, tax submission, social security payment and other services that are included in our service package. Otherwise, what would be a long and painful process as you may require translating documents into Eng- Thai or Thai- Eng. We can also provide you with information in order to enable you to make the right kind of decision and to take the best course of action available.

Work Permit

We at Max Law firm provide you with legal services and tell you the best available course of action to take .We have a team well qualified of lawyers that have earned their degrees from well recognized universities. We provide all kind of legal services in which work permit is included.
  According to the Alien occupation act of 1973 which states that In order to be eligible to work in Thailand an alien requires a work permit. There are some exceptions for aliens under which they can work in Thailand, other than that all the foreigners must obtain a work permit in order to be able to work legally and without any fear in Thailand.  Exceptions 
  • Members of the diplomatic corps
  • Members of consular missions
  • Representatives of member countries and officials of the United Nations and its specialised agencies
  • Personal servants coming from abroad to  work exclusively for persons listed under the above items
  • Those with duties on missions in the Kingdom under an agreement between the government of Thailand and a foreign government or international organization
  • Foreigners that perform  any duty or mission that benefit education, culture, arts, or sports
  • Persons specially permitted by the government of Thailand to enter and perform any duty or mission in the Kingdom
In order to get a work permit one should be on the non immigrant visa. Also one should either form a company and thus get a work permit or he she must be working in a company organization through which they can get the work permit. Required Documents   After you have your non-immigrant visa, you can now apply for a work permit.  Here are the papers generally required from the prospective employee to start a work permit:
  • copy of the picture page of your passport
  • non-immigrant visa
  • copy of the passport page with stamp
  • copy of entry card
  • Copy of your degree, resume or transcript – sometimes they require it to be certified by your country’s embassy (this requires bringing your degree or resume to your embassy, declaring it is a true and original document and then paying an authentication fee.
  • A doctor’s medical certificate
  • photos

Partnership

We at Max Law firm provide you with legal services and tell you the best available course of action to take .We have a well qualified team of lawyers that have earned their degrees from well recognized universities A company can be set up in 3 major forms of business organization. Those are sole proprietorship, partnership, public limited company or corporate company. Partnership  In a partnership business two or more partners come together to form a company. They are both the owners of the company and also share the liability and profits equally. All the partners are equally liable for the losses and also share the profit equally. There are three types of partnership business. Limited partnership must be registered by law while in ordinary partnership this rule does not apply.
  •  Unregistered ordinary partnerships, in which all partners are jointly and wholly liable for all obligations of the partnership
  •  Registered ordinary partnerships. If registered, the partnership becomes a legal entity, separate and distinct from the individual partners
  • Limited partnerships. Individual partner liability is restricted to the amount of capital contributed to the partnership. Limited partnerships must be registered.
  • Limited partnership must be registered by law while in the case of ordinary partnership this rule does not apply.
Ordinary Thai Partnership Ordinary Thai partnership is formed by two or more than two persons.  Every partner is equally liable for the unlimited liability of the company. Each partner is jointly and individually responsible for the tax and debts of the business. If the creditors claimed money cannot be paid through the company assets then the partner’s personal assets and property will be liquidated and the debt paid off. Also all the partners enjoy the profits made out of the business in equal terms. Registered Ordinary Partnership Ordinary partnership doesn’t require by law to be registered. But it can be registered as well. If registered the partnership becomes a legal entity separate and distinct from its partners. Limited Partnership A Limited partnership company must be registered and the liability of the partners is restricted to the amount of capital contributed into the partnership company.

Representative Office

We at Max Law firm provide you with legal services and tell you the best available course of action to take .We have a well qualified team of lawyers that have earned their degrees from well recognized universities

We help you with the process of   setting up a representative office in Thailand whereby, you can conduct only non profit activities e.g. providing information to customers. So tasks such as signing a contract on behalf of the company is not allowed.

Accounting & Tax (VAT)

We at Max Law Firm provide you with accounting services like filing tax and accounts, book keeping, Tax Id. No registration. Accounting and tax.  Monthly reports (balance sheets).Payroll services, P&L , auditing report, income tax return , accounting and tax advice, social fund payment to government etc. Accounting & Tax in Thailand  Tax in Thailand be it Corporate Tax (Corporate Income Tax (CIT) is a direct tax levied on a juristic company or partnership which is established under Thai or foreign law and carries on business in Thailand) or Personal Income Tax (Personal Income Tax (PIT) is a direct tax levied on income of a person. A person refers to an individual, an ordinary partnership, a non-juristic body of person, a deceased person and an undivided estate) needs to be done yearly. Accounting Services 
  • Monthly reports (Balance Sheet, P&L)
  • Withholding Tax (PND 3, 53)
  • Value Added Tax (PP 30)
  • Withholding Tax Return (PND 54)
  • Mid-Year Tax Return (PND 51)
  • Annual Tax Return (PND 50)
  • Annual Financial Statement submission to Thai government
  • Check preparation
  • Record accounting transactions
  • Supporting schedules for financial statements
  • Payment transfers
  • Bank accounting set up
Payroll Services 
  • Payroll calculations
  • Report distribution
  • Pay-slip creation
  • Banking of employee net salary
  • Withholding tax (PND 1)
  • Social Security (SPS 1-10)
  • Withholding Tax Certificate (BIS 50)
  • Provident Fund
  • Workman’s Compensation
  • Payments to government agencies
Electronic reporting  Overview of Tax in Thailand: The Thai Revenue Code. Being the central government as the main taxing authority taxes are imposed both at national and local levels in Thailand. The majority of tax collections are administered by the Ministry of Finance. The Revenue Department under the following categories collects the income tax:
  • Corporate Income Tax
  • Value Added Taxes (or Specific Business Taxes)
  • Stamp duty
  • Personal Income Tax

Set Up an Association

We at Max Law firm provide you with legal services and tell you the best available course of action to take .We have a well qualified team of lawyers that have earned their degrees from well recognized universities. We provide all kind of legal services in which one is helping out with formation of an association.

An association can be formed by the intentions other than profit making or earning income. An association is a group of people who come together for a common purpose .Starting an association begins as an urgency or common need that prompts people to work together to pursue the same goals and interests. There are many types of associations like  trade associations.


Registration process


Application of registration must be filed to the registrar with the list of names, addresses, profession of the members.
Section 83. The association so registered is a juristic person.
There must be at least three Promoters of the Association and at least ten Members of the Association.

Procedure for setting up the “Association”

1. Convene a meeting to set up the “Association” and record minutes at the meeting. The minutes must appoint a Director(s) of the Association.

2. File an application to set up the “Association” at the District Office where the Association will be located within 30 days from the meeting in section 1.

Documents needed to make the application

A formal application form to set up the “Association” must be filed.

All promoters of the Association must sign this form. Note that there cannot be less than three promoters of an Association. The Sor. Kor.1 form is available from the District Office.

Currently and technically, all Directors can be foreigners.

Minutes of the Meeting in Section 1.

Regulations of the Association.

The Regulations must include the following sections:

Section 1: Name, Logo and Location of Association
Section 2: Subject
Section 3: Capital and Assets
Section 4: Qualifications and Term of the Directors
Section 5: Management System of the Directors
Section 6: Authority and Duty of the Directors
Section 7: Membership of the Association
Section 8: Association Directors Meeting
Section 9: Financial Matters of the Association
Section 10: Amendment of Regulations
Section 11: Termination or end term of the Association

Note: Anything more required can be included in the above list

Name, address and occupation of the Members of the Association

Name, address and occupation of the Directors of the Association

Copy of ID card or passport of the Directors and Members of the Association

Copy of Household registration of the Directors and Members of the Association

Location map of the Association

Memorandum of the person who will be a Director of the Association
showing e.g., salary, occupation

In practice the Directors of the Association will make the memorandum at the District Office using a prescribed form, and the form can be filled in and filed when the application is filed for setting up the Association.

In case a foreigner is a Director of the Association, the director needs a letter from their embassy stating they have no criminal record or background.

Package 1: 

We prepare paperwork for any Government office in Thailand. We also translate documents into all languages; whether that is from Thai-English or back from English -Thai. (We charge some extra money for any translation into any language other than Thai-Eng or Eng-Thai). Our primary goal is to make things easy for our clients and provide them with the best service possible. We can do the paperwork in short period of time which would be a lot difficult for the client if they would have to do the translation and paperwork on their own. This can save you from headache and extra waste of time.

Package 2:

We provide you with accurate and the quality legal consultation regarding any legal matters and give you the best advice and course of action to take. We provide the legal consultation on all the legal matters including company registration, family law, marriage and divorce, litigation, work permit, marriage registration, student visa, retirement visa, business visa, marriage visa, buying of property in Thailand, IP laws etc. If after the counseling process you want to acquire our services we give you 5% discount on that particular service required.
Our firm is providing consultation to some well known organizations like foreign embassies and consulates in Thailand. Other then this we also provide free consultation on some services by giving advice to put the client on the right track.

Package 3:

 In this package we provide paperwork service to any government or company.Along with any official job as letter writing, office jobs, we also provide virtual office service which is a new form of business. The word virtual which has been borrowed from the computer language. In which we provide an official commercial address with answering machine and mail drop services. We also translate any documents into all languages. English- Thai or Thai –English. We charge a little extra for translation of documents into languages other than Eng-Thai, Thai-Eng. At last this package contains legal consultation on any legal issues. We provide you with best advices and suggestions and also tell you the best available course of action to take.

Package 4:

Commerce Job/ Middlemen/Broker: We Market your product and introduce it in the Market. Also we provide commerce kind of job in which we facilitate the buying and selling process. Finally we act as a broker and do the buying and selling on your behalf and find you the best match.

Package 5:

 Advertisement on the internet + Legal consultation & Translation: We offer to introduce your job/business on the internet on more than 200 Thai websites.