Guardians and guardianship in Thailand

The guardian is the person (usually a non-parent) who has been appointed by a judge/ Court to take care of a minor child (called a ward) and manage that child's affairs. Custody is when a biological parent of a minor has been given the power to make decisions regarding the minor’s welfare. This is governed by the section 'parent and child' of the civil code.

Read more: Guardianship and minors (child) in Thailand

Lease of immovable property under Thai contract law

Laws governing lease in Thailand is placed under (specific) contracts in the Civil and Commercial Code. Therefore lease is not a real property right, meaning in essence attached to the property itself, but a contract and in the first place a right of the lessee (tenant) and attached to the lessee. This for example means that a lease is by law automatically terminated upon death of the lessee. A leasehold in Thailand is therefore not a fixed asset (property), nor a mortgage-able asset, nor a trade-able asset, but in a personal contract right of the lessee(s).

Read more: Thai legal knowledge | lease, rent and hire of property laws

Thailand land office 'Letter of Confirmation'

A Thai national married to a foreigner may acquire land after a joint written statement with the foreign spouse confirming the source of the funds. Below the text of the land office letter of confirmation for this purpose. With this letter the couple certifies for the land office that the acquired land will not become jointly owned matrimonial asset between the spouses (i.e. creating foreign ownership in land), but a personal (non-marital) asset of the Thai national.

Letter of Confirmation

At:.....................................

Date:............. Month ............................ Year..............

I, Mr./ Mrs..................................... and Mr./ Mrs............................... are registered/ unregistered both spouses. We together confirm that the money which Mr./ Mrs.............. ................................ shall expend on the purchase of land title deed/ N.S.3 K/ N.S 3 no..................... ... ............... Sub-district...... .... ...............District.................................................... Province.................................. or Condominium Unit no......... Floor.................... Name of the Condominium................................. Sub-district.......................................... District........................................ ... Province...................................... ............... is wholly Suan Tua or the personal property of Mr./ Mrs............................................ alone, not Sin Som Ros or the matrimonial property between husband and wife.

(Signature)................................ Certified spouse

(Signature)................................ Certified spouse

(Signature)................................ Witness

(Signature)................................ Witness

This agreement is made in the presence of ............................ Competent Official

Read more land office procedure

Right of Usufruct (Use and Fruits)

Usufruct grants the legal right to use and control another man's real estate property. The contract or memorandum of usufruct (สัญญาให้สิทธิเก็บกิน) is the legal document that states and confirms the formal agreement between the owner and the usufructuary (the person granted the right of usufruct). Usufruct transfers possession, use and enjoyment of an immovable property from the owner to the usufructuary. Usufruct can only be registered over titled immovable property and is established by agreement with the owner and registration at the local land office.

FACTS ABOUT USUFRUCT IN THAILAND

Read more: Usufruct legal opinion on right of usufruct

Duties company limited

Thai companies have to prepare their financial statement at least once in every 12 months and has at least one auditor. The company, then, presents it to the general meeting of the shareholder for the approval of the balance sheet within 4 months from the date the account is closed. After that, lodge the financial statement to the Business Information Service Office, the Department of Commercial Registration or to the provincial registration office, up to cases, within one month from the date the financial statement is approved. Although the company has not carried on its business yet or temporarily ceases its business, it still has to submit the financial statement; otherwise, it will be liable to a fine at maximum of 50,000 baht.

Read more: Duties Thai company limited

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