Foreigners may be arrested and fined or imprisoned for working in Chiang Mai without a work permit. Before you can apply for or be issued a work permit you must have a non-immigrant visa. This is required to apply for a work permit in Thailand. Ideally, you should get your non-immigrant visa before your arrival in Thailand. Siam Legal can assist you in obtaining it in your home country or in a country close to Thailand. In addition, we can help you convert a tourist visa to a non-immigrant visa without leaving Thailand. However, the conversion process can take up to approximately 2 months. If you wish to work in Thailand sooner, you should consider leaving the country for a short time to obtain your non-immigrant visa.

In general, the success of a work permit application depends on the hiring company’s registered capitalization.
.

• Thai business entities who want to apply for a work permit for foreign employee must have at least two million Baht fully paid-up registered capitalization.

• Foreign business entities who operatein Thailand can apply for a work permit for a foreign employee if they bring the equivalent of at least three million Baht per foreign employee into Thailand.

If the registered capitalization requirements above are met, the businesses may be granted up to a maximum 10 work permits per business.

However, a company promoted by the Thai  Board of Investment (BOI) may be an exception from the requirements above. The BOI is authorized to grant the certain companies special rights concerning the issuance of work permits and visas for their foreign employees. The BOI-promoted companies can be granted an increased number of authorized work permits and visas.

Incoming search terms:

• thai work permit
• how to get work permit in chiang mai
• work permit for chaing mai
• workpermit

Thai citizens and corporations, as well as foreign citizens and corporations domiciled in Thailand can bring suits against any defendant. Non-nationals and non-domiciled persons and entities can only sue defendants domiciled in Thailand. Because Thailand is a civil law country, jurisdiction is determined by statute. However, if you wish to be able to bring a lawsuit in Chiang Mai courts you may make an agreement with the other party to that venue. For example, if you enter into a contract in Chiang Mai you may want to ensure that it includes a clause indicating that any disputes will be settled in Chiang Mai.

Foreign persons and corporations suing in Chiang Mai need not be physically present in the Thailand during the entire course of the lawsuit. A lawyer in Chiang Mai may file suit on the foreigner’s behalf, and the foreign litigant may make a personal appearance only when required by the court to give testimony against the contending party.

Whenever faced with a legal controversy, foreigners are advised to secure the services of a Thai lawyer. All legal processes, including most arbitration proceedings, are done in the Thai. Pleadings for submission to judicial bodies are submitted in Thai as well. In addition, only lawyers who are members of the Thai bar are allowed to appear in court.

However, you should also be sure that communication with your lawyer is not a problem. Siam Legal’s professionals include both foreign and Thai lawyers who together closely to meet your legal needs and answer your legal questions.

Incoming search terms:

• foreign lawyers chiang mai

If you have your family with you, they will be eligible for non-immigrant O visa. Ideally, you should get your business visa before you arrive in Thailand. Siam Legal can assist you in obtaining it in your home country or in a country close to Thailand. In addition, we can help you convert a tourist visa to a non-immigrant visa without leaving Chiang Mai. However, the conversion process can take up to approximately 2 months. If you wish to work in Thailand sooner, you should consider leaving the country for a short time to obtain your non-immigrant visa.

The documents required for application for a business visa differ if you are planning to work for an employer in Chiang Mai or conduct business with business partners. However, in both cases, you will need corporate documents from the companies you will be working with in Chiang Mai. The corporate documents must be signed by the company’s board of directors or authorized managing director and the company seal must be affixed to them. If you will be employed, the company will also need to obtain a letter of approval from the Ministry of Labor. If you previously worked in Thailand, you will also need a copy of your former work permit. If you will be conducting business, you will need a letter from your own company indicating your position, length of employment, salary and the purpose of your visit to Chiang Mai. You will also need to document your correspondence with potential business partners and a letter of invitation from them.

Incoming search terms:

• chiang mai thai immigration to aply for long term visa
• you are a foreigner who wants
• gettin non b visa from chiang mai
• thai visa
• Thailand Business Visa in Chiang Mai

Property Contracts in Thailand

In many business transactions, including purchasing property, the other party will provide you with a contract, which may be in English or Thai. It is also important to review the contract carefully before you sign it, so you may need a translation.

To make sure the transaction or sale goes smoothly, it is important to have a good understanding of what the contract says. In some cases the contract the the other party gives you will not be complete. While the other party may say that their contract is standard, we have seen many errors and omissions in so called “standard contracts.”

There is no need to use a particular contract if it does not meet your needs. When executing any important contract, it is always a good idea to get a lawyer’s comments on the terms of the contract to make sure they are legal, complete, and enforceable if something goes wrong. This is especially true if you are in a foreign country. Siam Legal’s services include reviewing many types of contracts to make sure that your interests are protected. We can review the contract to make sure that it fully and accurately describes the other party’s duties and does not include any hidden charges.

Buying or Leasing Land

If you are buying or leasing land, it is imperative to make sure that you are allowed to build a structure or house on the land if that is your plan. This is sometimes called the right to superficies in Thailand. In

Contracts Review in Thailand

Thailand, the usual contract of sale only lists basic rights and does not list all the exhaustive rights and obligations of the seller and the buyer. More exhaustive sales contracts, as are common in many other countries, allow for all possible contingencies such as default by the seller or buyer. For example, if the seller has to complete development before the transfer of property, the contract should clearly lay out a schedule and standard for the construction or other development. Often sales contracts which are signed before development is completed will include the construction plans, schematics or blueprints.

At Siam Legal, our lawyers will review the property contract and will make any amendments in necessary to meet your needs. Once made, the amendments will be provided to the other party for final ratification and agreement.

Incoming search terms:

• buying chiangmai comhouse
• contracts review
• lawyer chiangmai
• list of lawyers in chiang mai

Getting divorced in Chiang Mai

You will only be able to obtain a divorce in Chiang Mai if your marriage was registered in Thailand, if you or your spouse is a Thai citizen, or if you have been living in Thailand for at least 6 months.

However, if you are a foreign citizen, you may want to consult an attorney to make sure your divorce is valid in your home country as well as Thailand.

Thailand grants uncontested divorces, or administrative, divorces for marriages that have been registered at a district office in Thailand. In general, you will only have registered your marriage with the district office (Amphoe) if you were originally married in Thailand. If you got married in Thailand, an uncontested divorce is relatively quick and easy. Both you and your spouse have to appear in person at a district office and submit your divorce agreement.

If you did not register your marriage in Thailand, you will not be able to obtain an uncontested divorce, but you may still be eligible for a contested, or judicial, divorce if your spouse is a Thai citizen or legal permanent resident or if you and your spouse have Thai work visas or have been living in Thailand for at least 6 months on retirement visas. While this type of divorce is sometimes called a contested divorce, it does not actually require you to fight the divorce proceedings.

However, you must appear before a judge and prove one of the legal grounds for divorce. The Thai Civil and Commercial Code provides for the following grounds for divorce:

1. The husband has taken another woman as his wife;
2. The wife has committed adultery;
3. One party is guilty of misconduct;
4. One spouse has seriously harmed the body or mind of the other;
5. One spouse has seriously insulted the other spouse or his/her ascendants;
6. One spouse has deserted the other for more than a year;
7. One spouse has been has been imprisoned for more than a year;
8. The spouses have voluntarily lived separately for more than three years;
9. One spouse has disappeared for more than three years;
10. One spouse has failed to give proper maintenance or support;
11. One spouse has been suffering from insanity for at least three years;
12. One spouse has broken the bond of good behavior;
13. One spouse is suffering from a communicable and dangerous disease; and
14. One spouse has a physical disadvantage.

If you need a contested divorce, contact Siam Legal to make sure the process goes as smoothly as possible. Call us now tollfree or speak to us online on our main website!

Incoming search terms:

• divorce
• divorced
• getting divorced
• how to obtain a divorce
• thai marriage
• divorce images
• pictures divorced
• thailand contested divorce chiang mai
• you did not register your

BOI in Thailand

If you are doing business in Chaing Mai, your company may be eligible for valuable incentives from Thailand’s Board of Investment (BOI). For example, BOI promoted businesses are automatically granted a business licence.

Investment Promotion Criteria

Regulations set requirements for each industry and sub-industry eligible for promotion.  The Board considers the business plan, the viability of the project, and the project’s compliance with the relevant regulatory criteria.  Each project is considered on a case by case basis, and exceptions can be made for projects of particular importance.  Several general requirements must be met for all projects.

• Value added should be at least 20% for most industries (except agricultural processing and electronics manufacturing).
• Liabilities should not exceed three times the registered capital.
• Modern production equipment and processes should be used.
• A minimum investment of 1 million THB exclusive of working capital and land acquisition costs must be made.  The threshold is higher for certain industries.
• All necessary environmental protection measures must be in place.
• A feasibility study is required for projects with an investment of 80 million THB or more (exclusive of land acquisition costs and working capital).

How to Apply for BOI Promotion

BOI in Chiang Mai

Before a business applies for promotion, they should research the project eligibility requirements by consulting BOI experts, such as those at Siam Legal.  The BOI maintains a regional office in Chiang Mai at the Airport Business Park if you want to consult with BOI officials. Once the necessary research is complete, prepare an application and gather the required documentation.

Within 10 days of submission, schedule an interview with the BOI.  The interview gives you a chance to pitch your project and address any concerns the BOI may have.

After the interview, the BOI will evaluate the project.  Projects with an investment of 80 million THB or less will be considered within 40 days.  Projects with an investment between 80 million THB and 750 million THB must be submitted to a BOI subcommittee and will be evaluated within 60 days.  Projects with an investment over 750 million THB must be sent to the full BOI board and will be evaluated within 90 days. Once a decision has been made, a notice will be sent out within 7 days.

Projects that are approved have 30 days to accept BOI promotion.  Once the acceptance is received, the BOI will provide a promotion certificate.

Businesses have 6 months from the time of acceptance to submit company establishment documents to the Department of Business Development.

Non-Tax Incentives

Non-tax incentives include work visa eligibility for skilled foreign workers, special permission to own land (foreign land ownership is generally prohibited), and permission to remit money internationally.

Tax Incentives

The size of a tax incentive usually depends on the project’s location.  Chiang Mai province and many surrounding areas are are a designated investment promotion zone and given significant tax incentives, such as a extended corporate income tax waivers.  Projects developed in specially designated industrial estates may also receive greater tax incentives.

The BOI uses two tax incentives.  Most promoted businesses in Chaing Mai receive an import duty exemption when they import industrial equipment and necessary machinery.  In addition, most projects qualify for a period of exemption from corporate income tax exemption and import duties on raw materials.  Some activities classified as “priority activities” and “priority activities of special importance and benefit to Thailand” receive additional special tax incentives.

Speak to a lawyer in Chiang Mai today about BOI incentives in Thailand and how to apply for BOI accreditation in Thailand for your business.

Incoming search terms:

• boi tax exemption chiangmai
• thailande boi chiang mai

If you decide to retire in Chiang Mai, you will want a retirement visa to make your extended stay possible.

To start your Chiang Mai retirement plans, you need a non-immigrant visa. Ideally, it should be acquired prior to your arrival in Thailand. You can get a 90 day non-immmigrant visa in your home country or in a nearby country. Once you are in Chiang Mai you can extend get an O-A retirement visa. If you do not get a non-immigrant visa before coming to Chiang Mai, you can convert your tourist visa, but the process can take up to 2 months.

Eligibility

Retirement in Chiang Mai

To be eligible for a retirement visa you must be at least 50 years old, have a current non-immigrant visa and a passport that is valid for at least one year. You will also need a letter from your Thai bank and proof that you meet the financial requirement of the Thailand visa. The financial requirement can be shown by a bank statement showing a balance of at least 800,000 Baht, a monthly income of at least 65,000 Baht or a combination of yearly income and bank balance that is at least 800,000 Baht. Finally you will need a medical certificate.

Upon approval, you must appear in person with your passport and sign the visa paperwork in the presence of the Immigration staff who will stamp your passport. The retirement visa is an “extension of stay” in Thailand for one year, but it does not allow you to work. Also you must report to Immigration every 90 days to verify your current address. Make sure to get  a Re Entry Permit at Thai Immigration prior to leaving Thailand.

Importing Your Household Goods

You have six months from your entry to Thailand to bring in from your household goods from the U.S. After you have been granted a retirement visa, your belongings will not be taxed. However, if your visa is for less than one year, household items will be taxed 20% import duty plus 7% value-added tax.

The period of six months starts when you initially entered Thailand on the O-A retirement visa, regardless whether you re-enter Thailand after that date. If your personal items are due to arrive in Thailand more than six months after the entry date, you may be able to get a waiver and should inform Thai Customs at least two months before the six-month deadline.

Getting Your Re-entry Permit

An “extension of stay” is the time period you are allowed to remain after your initial entry into Thailand. This is typically the date stamp in your passport by the Immigration Officer when you make an application for “Extension of Stay” at the Thai Immigration office.

Because you have an “extension of stay,” you must apply for a re-entry permit if you want to exit and re enter Thailand during your extension of stay. The re-entry permit must be obtained at the Chiang Mai Immigration office before leaving the country.

Your “extension of stay” stamp is the controlling date. Everything is dependent on this date. Any re-entry permit you obtain will expire when your “extension of stay” expires. If you leave the country without a re-entry permit, your “extension of stay” is invalidated.

Speak to us about your retirement in Chiang Mai and how best to apply for a retirement visa for Thailand now.

Incoming search terms:

• chang mai office o-a permit extension
• Chiang Mai
• bringing your household items to thailand on o-a retirement visa
• how to retire in chiang mai
• re-entry permit in chiang mai
• re-entry permit thailand stamp immigration
• retire in chiang mai without tourist visa
• retire to chiang mai

Take advantage of local business opportunities and possible tax advantages in Chiang Mai today by speaking to a lawyer in Chiang Mai. This is a listing of the options in Thailand when it comes to business registration in Thailand.

Sole Proprietorship in Thailand

Although foreigners are generally prohibited from conducting business in Thailand as a sole proprietor, U.S. citizens who register with the Thai Department of Business Development under the U.S. – Thailand Amity Treaty are allowed to run a sole proprietorship in most industries.  Siam Legal provides the legal services you need to register a sole proprietorship under the Amity Treaty.

Thai Partnerships

Partnerships with a main office in Chaing Mai can be registered with the Commercial Registration Office in Chiang Mai.  The registration fee is assessed as 1% of registered capital and ranges from 1,000 – 5,000 THB.

Ordinary Partnership

Ordinary Partnerships in Thailand establish a business with a minimum of two owners. Ordinary partnerships are not required to register with the Commercial Registrar, but often do if they wish to be taxed as a juristic person, and are therefore required to issue an annual financial statement and pay corporate income taxes.  Otherwise, income must be reported on the partner’s individual tax returns.

Thai LLP (Limited Liabilty Partnership)

A Thai LLP is a partnership with two types of partners.  General Partners are allowed to manage the business, and are fully liable for the partnerships financial obligations.  Limited Partners are not allowed to manage the business, but their liability is limited to the amount of capital they contributed.  Thai LLPs must be registered and are taxed as corporate entities.  LLPs must report a financial statement every 12 months.

Thai Limited Companies

Limited Companies are the  basic Thai corporate structure.  They are governed by the Thai Civil and Commercial Code.  Private Limited Companies are not eligible for public stock offerings but may be converted to Public Limited Companies if they wish to offer stock publicly.  Every Private Limited Company must register their Memorandum of Association (similar to Articles of Incorporation) and Articles of Association (similar to by-laws).

Starting a Business in Thailand

Thai law requires at least 3 shareholders at all times.  Shareholder liability is limited to the unpaid amount of their shares’ par value.  All shares must be subscribed to at the time of incorporation, but only 25% of shares must be paid up.  The minimum share price is 5 THB.  Some shares may have preferential voting power, but every share must have at least one vote.  If foreigners own more than 49% of the shares, the company is subject to the restrictions of the Alien Business Act.

Limited companies must follow strict financial requirements.  Annual financial statements must be certified by an auditor, approved by the shareholders, and filed with the Commercial Registration Department and the Revenue Department.  Small limited companies may be exempt  from this requirement.

A company must have three promoters before it can be registered.  Each promoter must have at least one share in the company and be at least twenty years of age, but do not have to be Thai citizens. Siam Legal provides the legal services you need to register a private limited company and apply for a tax ID card from the Revenue Department, and a Value Added Tax Certificate if needed.

Speak to a lawyer in Chiang Mai today for more information about business registration in Thailand and how best to take full advantage of all the options available.

Incoming search terms:

• Chiang Mai Commercial Registration Office
• representative offices business registration chiang mai
• register a company in chiang mai
• registrar chiang mai

US Visa from Chiang Mai

If you live in or near Chiang Mai and wish to visit the US, Siam Legal can help you apply for a non-immigrant visa the US Consulate in Chiang Mai. You should be aware that the US Consulate in Chiang Mai only processes non-immigrant visas.

Not including K visas, for Thais who live in Chiang Mai or nearby. Thus, if you need a tourist or student visa to the US, you may wish to apply through the US Consulate in Chiang Mai if it is more convenient. The Consulate also processes B2 business visas for business related visits to the US.

If you want to move to the US as an immigrant or need a K visa as a fiance or spouse of a US citizen, you will have to apply through the US Embassy in Bangkok. Siam Legal’s office in Chiang Mai works closely with the Bangkok office.

If you live and work or study in Chiang Mai, Chiang Rai, Kamphaengphet, Lampang, Lamphun, Mae Hong Son, Nan, Petchabun, Phayao, Phichit, Phitsanulok, Phrae, Sukhothai, Tak, or Uttaradit province you can apply for a non-immigrant visa at the US Consulate in Chiang Mai. If you are a child or student outside of the 15 Northern Thai provinces above and your parents live or work in the designated area, you are also eligible to apply for a non-immigrant visa at the US Consulate in Chiang Mai.

You may need to show proof that you have lived in the 15 Northern Thai provinces for at least 3 months of the previous year. Your house registration is not enough, you should bring mail, utility bills, school registration or employment documents with you to the visa interview. If you cannot prove residence in the 15 Northern provinces listed above, your visa interview will be cancelled. Instead you should apply for your visa through the US Embassy in Bangkok.

If you are looking that taking your Thai fiancee back to the US and need to be applying for a K1 Visa in Thailand then speak to one of our lawyers in Chiang Mai. If you are however already married to a Thai national then speak to our immigration lawyers about a K3 Visa or US Spouse Visa in Thailand to take you Thai wife back to the US. Call us now!

Incoming search terms:

• immigration lawyer for us in chiang mai
• list of chiang mai immigration lawyers

Buying Property in Chiang Mai

Buying property in Chiang Mai can be valuable if you do your homework and make sure to do it property. When making your plans you need to take into account the limitations on foreign land ownership and Thai tax law.

The easiest way to now buy any property in Chiang Mai is to buy a condominium. Thai law permits foreigners to purchase condominium units in a development that is owned at least 51% by Thai citizens. You must finance your purchase using foreign currency unless you have a Thai Permanent Residence Certificate.

You can bring the foreign currency into Thailand as cash or via bank transfer. If you use a bank transfer, either the Thai or foreign bank account should be in your name. If you are married and purchasing joint property, make sure the money transfer is done in both of your names. All money transfers should be marked for the purpose of property investment in Thailand. You may also need to specify that you want to transfer foreign currency and not Baht. If you decide to bring in cash with you, make sure to remember to declare it at customs and keep the receipt the customs officer gives you. Once you bring in the money, the foreign currency exchange must be done in Thailand. You cannot use an offshore currency exchange service.

Siam Legal : Chiang Mai

You must provide proof that the currency was brought into Thailand and exchanged here. You will need a Foreign Exchange Transaction (FET) certificate, or Foreign Exchange Transfer form for amounts exceeding the equivalent of $50,000 US dollars. The FET certificate is also sometimes called the Tor Tor 3 or TT3. The Thai bank that does the currency exchange can usually provide you with the FET certificate on the same day it receives the funds, but you may need to request the form.  The FET form should note that the funds were transferred solely for the purchase of property in Thailand. If the purchase price of your property is less than $50,000, then the bank will issue a FOREX credit note and letter confirming the amount of foreign currency you transferred if requested.

Once you meet the requirements above, you can own the condominium unit in the equivalent of fee simple in your own name. Speak to a property lawyer in Chiang Mai for more details with regards to taxes and property ownership laws in Thailand.

Incoming search terms:

• can you get condo financing in chiang mai
• buying a condo in chiang mai
• buying property in chiang mai
• property chiang mai
• the currency exchange