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Welcome to www.ThailandLawyerAccountant.com, the online home of the Evans Law & Accounting. The company grows out of several previous years of close cooperation between Attorney -one of the Eastern Seaboard’s best known and most respected litigators and business lawyers, and -, a widely experienced business management and marketing consultant, with two decades of experience in the United States and Thailand.
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We are able to offer our clients extensive experience in commercial and civil litigation in Thailand where we have been successfully involved in a wide range of significant, and complex commercial litigation. We are known for successful handling of cases on behalf of our clients whether that be at the Civil Court, the Tax Court, the Labour Court, the Intellectual Property and International Trade Court, the Thai Arbitration Institute and a variety of other dispute resolution forums.

We are able to handle large and complex commercial cases in the areas of :

  • banking and finance disputes
  • construction-corporate disputes including malfeasance,
  • fraud, and minority shareholders' actions -contract and tort liability claims
  • partnership and joint venture disputes
  • insolvency and creditor remedies
  • intellectual property
  • maritime law
  • international trade disputes
  • sale of goods -securities regulation
  • property disputes
  • employment disputes
  • enforcement of arbitration awards
  • multi-jurisdictional conflicts Local contractual disputes concerning property, nuisance or minor civil matters can often be swiftly resolved by recourse to the services of an experienced local Legal firm.

 



At Evans Law & Accounting we pride ourselves on our ability to ensure that our clients suffer the minimum of anxiety and concern in what can be a very stressful time, undertaking litigation of any nature.

Whatever the size or complexity of the issue, whether small or large, all of our clients are assured the same high levels of professional competence and service at Evans Law & Accounting . If you have a problem but do not know how to proceed, take advantage of an initial consultation without charge to evaluate the best course of action and the likely costs involved. Contact us below to arrange that first step to reinstating your peace of mind. Thai law stipulates that a foreigner may not own land in his own name, but he does have the right of ownership of buildings. In order for the desired end-result to be achieved he does however have the following options:

The right to own a unit in a registered Condominium. If 49% of the building is already owned by foreigners then unless certain conditions are met no further purchases by non-Thais will be allowed.

The right to own a building (as distinct from its land).

The right to own a registered leasehold of up to 30 years for all types of titled land (and/or buildings).The land is purchased on a 30 year leasehold, with an option to extend the lease for further 30 year periods. Possession of the land is assured by virtue of the fact that the property occupies the land. The lessor cannot seize the property upon expiration of the lease, as the property is separate from the land.

If a foreigner is going to operate a business in Thailand then he may purchase the freehold of the land through his Limited Company. Details on forming a Thai Limited Company can be found elsewhere on this site. The land will be owned by the Company, not the individual and so further safeguards are put in place by the Evans legal team to ensure that our clients best interests are always protected.

The right to own 1 Rai of land if they invest 40 million baht in Thailand.

Land Titles

There are many different types of land titles in Thailand, the majority of which do not allow for the legal right to build on that land. At Evans Law & Accounting we only recommend considering the following 3 land titles for land transfer purposes:

  • NOR SOR 3: This is the lowest land title which allows for legally building a property, but is not ideal as the land is measured approximately. There are no markers to indicate the boundaries of the land.
  • NOR SOR 3 GOR: This land has been measured using aerial survey to set the points and land area. This land can be sub-divided into separate plots.
  • CHANOT ( land title deed ): This land has been accurately measured using GPS to set the area and boundaries of the land. The boundaries of the land are indicated by numbered posts. In nearly all circumstances we deal with this option, the Chanot.

Visa Categories

Nationals of most countries will, without having applied for a visa from a Thai embassy or consulate in advance, be given a 30 day-visa when entering Thailand, (except for those who are eligible for 90 day-visas). Nationals of countries who are entitled to the 30 day-visa may be requested by the immigration officials to produce an onward ticket to ensure that they will leave the Kingdom within 30 days.

Furthermore, the Immigration Act provides for several visa categories as follows:

Tourist Visa

Tourist visas are initially valid for 60 days and are renewed at the discretion of the Immigration Department. Renewals are normally granted for periods of up to 30 days at a time.

Visitor Transit Visa

Aliens who have obtained a Transit Visa from a Thai embassy or consulate will be granted a 30-day stay in the Kingdom. Extensions of stay are normally granted for periods of 7 - 10 days.

Please Note: Transit, Visitor Transit and Tourist Visa holders are not authorized to work in Thailand.

Immigrant Visa

The Non-Quota Immigrant category includes

  • former residents who have lost resident status, but who have reapplied to resume their residency and who have been able to demonstrate a convincing reason to support the granting of this type of visa.
  • members of the diplomatic or consular corps, aliens coming to perform their duties in Thailand with the approval of the Thai government, aliens performing their duties in Thailand under an agreement between the Thai government and a foreign government, heads of international organizations or agencies operating in Thailand as well as dependents of all the aforementioned persons, including private servants of members of the diplomatic corps, are exempted by the Act from the usual visa requirements.

Non-Immigrant Visa

Aliens seeking a prolonged stay, or those coming to work in Thailand, should obtain Non-Immigrant visas for all family members prior to entering the Kingdom. There are several categories of Non-Immigrant visas which include, among others, business visa category (B); dependent visa category (O); investment subject to the provisions of the laws on investment promotion category (BoI IB); diplomatic and consular visa category (D); performance of duties with the mass media category (M); performance of skilled or expert work category (EX); investment (with concurrence of ministries and departments concerned) and capital investment category (IM); and study or observation category (ED).

The advantages of a Non-Immigrant Visa include:

  • Entitlement of the holder to apply for a multiple re-entry visa to Thailand from the Immigration Division in Bangkok;
  • Subject to the regulations of the immigration authorities, entitlement of the holder to apply for permanent residence in Thailand;
  • Eligibility for issuance of a Work Permit to the visa holder;
  • Eligibility for temporary visa renewals while processing issuance of a long-term annual visa.

Aliens are advised to strictly adhere to the rules governing each visa category. They should report any changes of address or status to local police within 24 hours.

In addition, foreigners residing in Thailand for more than 90 consecutive days are required to register their address every 90 days with the Immigration Bureau. This requirement applies to all foreigners, including holders of work permits and long-term visas. Failure to register can result in substantial penalties.

 

Transit, Visitor Transit, Tourist and Non-Immigrant Visas are issued only for the following purposes and duration:

  • Diplomatic or consular missions (duration as necessary)
  • Official missions (duration as necessary)
  • Tourism (90 days)
  • Sports (30 days)
  • Business purposes (1 year)
  • Investments which have received authorization from the appropriate government authorities (2 years)
  • Investments or other businesses in connection with investment under the Investment Promotion Act as determined by the Board of Investment (1 or 2 years, depending on the company's strength)
  • Transit (30 days)
  • Controllers or crews of a conveyance entering a port or other locality in the Kingdom (30 days)
  • Persons working as skilled laborers or specialists (1 year)

In response to feedback from investors, the Board of Investment organized the establishment of a one-stop service center for visas and work permits. Through joint cooperation with the Immigration Bureau and the Ministry of Labor, the center can process applications or renewals of visas and work permits.

Foreigners may also apply for permanent residence permits for Thailand under certain conditions, such as investment in a business or a condominium. Applications can either be made to the Board of Investment or the Immigration Department.

 



 
 
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