Litigation in Thailand

Litigation in Thailand

Thailand generally follows the civil law system where laws are codified and under the general principle of equity. The legal system of Thailand is based on democratic nation’s Constitution.

When civil cases such as business disputes, domestic controversies, divorces, torts, breach of contract, collection of large sum of money can no longer be resolved through settlement between the parties, judicial intervention is needed. Court proceedings would be held, evidences would be presented before the court, and the court’s decision would settle the dispute.

Thai judicial system is made up of three tiers: The Court of First Instance; The Court of Appeals; and The Supreme Court Justice of Thailand (San Dika). The judgment stage of a case would be at the Court of First Instance, but through possible stages of appeal with the Appeals Court and the Supreme Court.

In any legal process, you need first to do a proper designation of the case. The jurisdiction of the court is what comes next, followed by the determination of the proper parties.

In an arbitration proceeding, the Plaintiff, through his lawyer, must file a complaint in writing with an appropriate Court of First Instance, clearly setting out the nature of his claim, the relief sought and the allegations upon which the claim is based. The party against whom the case is filed is called the “Respondent”.

Pleadings for submission to judicial bodies court proceedings are required to be conducted in Thai language, except in some special courts. Documents made in a foreign language must be translated into Thai. Only original documents are admissible in evidence. In a civil case, evidences need to be presented before a court to prove the Plaintiff’s claims. In a criminal case such as murder or rape, it requires proof beyond reasonable doubt.

 

Siam Legal handles litigation service on the following areas:

  • Criminal Law – Fraud; Drugs; Imprudence; Negligence; Money Laundering
  • Civil Law – Breach of Contract; Debt Collection;
  • Family Law – Divorce; Child Custody; Child Visitation; Child Repudiation;
  • Personal Injury – Torts; Medical Malpractice
  • Labor Disputes
  • Extradition
  • Intellectual Property Disputes
  • Trade Disputes

 

Getting Divorced in Thailand

Divorce in Thailand

To terminate a marriage in Thailand, the couple needs to undergo divorce process. The dissolution of marriage is granted once the couple filed for a divorce. There are two kinds of divorce in Thailand. The difference mainly would be whether both spouses agree to it or only one party wants the divorce.

If both parties consent to the separation, Uncontested Divorce can be filed. This is the type of divorce the couple could file if they have a mutual judgement with regards to dissolution of marriage. In the Uncontested Divorce, no disputes arise in terms of property division and child custody.

Uncontested Divorce is easy to administer. Just go through the following steps:

  1. File the Divorce at the Amphur (Register Office)

    The couple can go to the same Amphur where they registered the marriage.

  2. Present the documents

    You need to bring the following documents: foreign spouse passport; Thai spouse ID card; marriage certificate; Divorce by mutual consent must be made in writing and it needs to be certified by the signatures of 2 witnesses

  3. Post divorce arrangements

    Questions about child custody, alimony, division of properties and similar other matters will be asked.

  4. Sign the divorce form

    If no points of conflict, a form will be given for the couple to sign.

  5. Divorce certificate will be issued

Contested Divorce is much more complicated, thus it would be best to contact Siam Legal and get assistance. This type of divorce takes the court judgement on the dissolution of marriage since in effect, one party is unwilling to terminate the marriage. The decision of the court will determine if the marriage should be ended.

The following steps transpire for a typical Contested Divorce in Thailand:

  1. File a case at court
  2. Court will determine if there is enough evidence to support the ground
  3. Legal representation
  4. Divorcing parties must be personally present during court hearings
  5. The court will then decide on what to do about the couple’s children, if any
  6. The court will also equally divide the couple’s common property. In case the ground for divorce is adultery and the offended spouse claims for damages, the court can demand the erring spouse to pay.

Language barrier and lack of knowledge on Family law are the common challenges a plaintiff meet. Let an international and reputable law firm handles your Thailand Contested Divorce and represent you in court for an easy administration of your divorce case.

 

 

Registering a Company in Thailand

Company Registration in Thailand

If you wish to register a company in Thailand, you need to learn what documents are needed to properly begin the process. These two beginning documents include the Memorandum of Association and your company’s Articles of Association. In Thailand, the Ministry of Commerce oversees the registration process. Registration takes around three days.

What You Will Need to Gather

To submit documentation, you need to gather certain forms and follow specific tasks. All the documentation should be authorized and signed by your company’s executives. Besides the Memorandum of Association, documents for registration include the following:

  • Articles of Association
  • Business formation statement
  • A list of your business’s shareholders
  • Payment verification of the capital shares
  • A reservation form for the company’s name
  • A certification registration document for a limited company
  • Notes that detail what happened at the statutory meeting

Basic Steps for Registration

The major steps you must follow to register a Thai-based business include the following:

  • Reserve a company name – one that is unique and that has not been used.
  • Draft and submit a Memorandum of Association. The document should feature the company’s new name, its goals, and its region of activity. It should also contain shareholder statements and other specific details.
  • Hold a constitutive meeting, which is held after a company has registered. This meeting must be scheduled for the adoption of the Memorandum of Association.
  • Submit the registration for application to the Ministry of Commerce after the completion of the paperwork and the Memorandum of Association has been finalized.
  • Register with the tax authorities to comply with tax payments and to set up VAT, if applicable.

The steps used for formation and registration depend on the type of company. Also, VAT registration or the establishment of the minimum share capital must be determined by the amount of funding. While you need to understand the basics of formation and registration, you should consult with a legal specialist to make sure you comply with the law’s mandates so you do everything right.

If you need legal advice and assistance from a qualified lawyer, please contact us today.

 

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