Integrity Legal

In a recent article in the Bangkok Post it was reported that the current government in Thailand is taking measures to foster growth for small to medium sized enterprises (SMEs) in Thailand. It would appear that the present government is eager to provide encouragement for small and medium sized businesses in Thailand. Furthermore it seems as though Thai officials are attempting to position the country as a location of choice for small business start-ups within the greater framework of the Association of Southeast Asian Nations (ASEAN) and the ASEAN Economic Community (AEC). However, of particular interest to this blogger was the mention of possible rule changes with regard to Thai corporate regulations pertaining to Thai Company registration and the shareholdings thereof. To quote the aforementioned article directly:

Mr Pongpun said the authorities were improving regulations on the incorporation of private companies to allow the incorporation of a juristic person registered by only one person.

At present, corporations (also referred to as juristic persons) in Thailand must have a minimum of three (3) shareholders in order to incorporate under Thai law. It should be noted that prior to an amendment to Thai corporate law at approximately the turn of the century it was required that all companies registered in Thailand have a minimum of 7 shareholders in order to incorporate pursuant to Thai law. Many at the time felt that the 7 shareholders requirement was too cumbersome and for that reason the statutorily required number of shareholders was reduced to 3. Since then, there have been those who have noted their belief that allowing Thai corporate structures with only one shareholder would bring Thai corporate law more in line with similar bodies of law globally. For example, in many American jurisdictions Limited Liability Companies or LLCs are only required to have one member/shareholder, while similar Limited Company (Ltd.) structures are allowed in Britain and the Commonwealth nations and many European jurisdictions allow for similar corporate structures as well.

It remains to be seen whether Thai corporate law will be amended to allow for single shareholder corporations in Thailand. It is a good sign that such structures are being considered by Thai officials especially since such structures would be especially beneficial to small business owners in Thailand. Of special note to American readers, pursuant to the provisions of the US-Thai Treaty of Amity it is possible for American Citizens to own 100% of an Amity company registered in Thailand. Should the aforementioned changes take place it could result in Americans being able to own their small business singularly without any Thai shareholders.

Tags: Amity Company, Amity Treaty Company, Business Registration Thailand, Company Registration Thailand, juristic person Thailand, Limited Company Thailand, Limited Liability Company Thailand, LLC Thailand, Ltd., Small Medium Sized Business, SME, Thai Business Registration, Thai Company, Thai Company Registration, Thai Corporate Law, Thai juristic person, Thai Limited Company, Thai Limited Liability Company, Thai LLC, Thai SMEs, Thailand Amity Company, Thailand Business Registration, Thailand company, Thailand company registration, Thailand Corporate Law, Thailand juristic person, Thailand limited company, Thailand SMEs, Treaty of Amity, US-Thai Treaty of Amity
Posted in Amity Treaty, Thailand Business, Thailand company, Thailand Legal News | No Comments »

During the early morning hours on Monday January 13th in Bangkok protestors calling for the resignation of the current Thai government commenced their “Operation: Bangkok Shutdown”. It appears from initial reports that 7 key intersections in Bangkok have been blocked including areas near government facilities. Protest leaders have noted their intention to continue the shutdown until the end of January. Should their demands be met, the shutdown may end sooner. The administration of this blog will not comment upon the politics behind these recent developments (leaving that task to news sites and political commentators). However, it is important to note that this situation will likely cause delays in government services, especially those sought in the Bangkok Metropolitan area.

The Thai government has taken measures to deal with the inconvenience this situation may cause. Most notable to foreign nationals in Bangkok was the recent announcement that provisional immigration offices have been established to deal with visa matters for foreign nationals unable to travel to the usual immigration offices located in facilities which are likely to be blocked by the protestors. The Office of the Royal Thai Immigration Police made the following announcement:

ADDITIONAL OFFICES DURING THE DEMONSTRATION SITUATION

Due to the demonstration, please be known that Immigration Services for all foreigners are also provided at ::

1. Immigration Service Center for 3 national Legalized Labors, Major Hollywood Suksawat, 1st Floor,
Suksawat Road, Ratburana, Bangkok.
2. Immigration Service Center for 3 national Legalized Labors, Imperial World Ladprao, 5th Floor,
Ladprao Road, Wang Tong Lang, Bangkok.

This temporary service will be started from January 13rd, 2014 until the better situation. We apologize for inconvenience.

Many foreign nationals remain in the Kingdom of Thailand on long term visas such as business visas, retirement visas, and marriage visas. Those present in the country for periods longer than 90 days are required to check in with immigration officials. Therefore, the current situation could adversely impact those wishing to travel to immigration offices for their quarterly “90 day check-in”. Furthermore, foreign business owners in Bangkok are likely to have issues not only in procuring government services, but also with logistics as a result of the demonstrations.

Hopefully, the situation in Bangkok will be resolved quickly and peacefully. In the meantime, it may be necessary to schedule extra time when traveling throughout the city and foreign nationals are encouraged to stay away from protest areas. The administration of this blog will continue to post updates regarding this situation as developments evolve.

Tags: Bangkok protest, Bangkok protests, Bangkok Shutdown, Government Shutdown Bangkok, Government Shutdown Thailand, Thai Immigration, Thai Visa, Thailand Immigration, Thailand Protests, Thailand Visa
Posted in News, Thailand Business, Thailand Legal News, Thailand Visa | No Comments »

Notwithstanding the fact that demonstrations in Bangkok were briefly discontinued in order to observe His Majesty the King’s birthday, it appears that demonstrations are set to recommence as of Friday December 6th. It would appear that some anti-government demonstrators have remained in government office buildings as of the morning of the 6th as pro-government activists vow to undertake demonstrations at a later date.

The demonstrations in Bangkok have been a cause for concern especially for businesses which operate in the Thai tourism sector. However, officials in the Thai government appear willing to take measures to maintain tourism numbers in Thailand. The fact that a number of governments around the world have issued travel warnings to their citizenry has been a cause for worry amongst many in the tourism industry. It  was recently announced that notwithstanding the recent demonstrations tourism numbers in Thailand are still holding strong, but should demonstrations continue and tensions escalate there are some who worry that the effects could be detrimental. Hopefully, leaders from both factions can come to an amicable solution and avert a prolonged stalemate, only time will tell.

Meanwhile, various news outlets throughout Thailand are reporting upon recent news about Thai Immigration officials taking a firmer stance regarding the issuance of Thai retirement visas. In the past it was possible to obtain a retirement visa based upon showing a balance of eight hundred thousand Thai baht in a Thai bank account. Furthermore, a retired married couple could both use this balance when making an application for a retirement visa. With the passage of a law amending the Thai immigration rules, officials with the Thai immigration police have announced that future Thai retirement visa applicants must now show that they independently maintain an eight hundred thousand baht bank balance. This means that it is no longer possible for a foreign retired married couple to both obtain retirement visas based upon showing only 800,000 baht. In fact, such a hypothetical couple would now need to show at least 1.6 million baht in a joint Thai bank account or in 800,000 increments in two separate accounts. Officials noted that those maintaining a statutorily defined minimum pension may be eligible to receive a retirement visa provided proof of said pension could be verified by Thai immigration authorities. Those married to Thai nationals could also be eligible to receive Thai marriage visas (sometimes referred to as an O visa) which requires a lower bank balance in order to prove financial ability to support one’s spouse.

Tags: Bangkok Demonstrations, Bangkok protests, Thai demonstrations, Thai Marriage Visa, Thai O Visa, Thai protests, Thai Retirement Visa, Thailand Demonstrations, Thailand Marriage Visa, Thailand o visa, Thailand Protests, Thailand Retirement Visa
Posted in Thailand Legal News, Thailand Visa | No Comments »

At a recent summit held to discuss relations between China and the Association of Southeast Asian Nations (ASEAN) the Prime Minister of Thailand stressed the importance of the ASEAN-China Strategic Partnership as a component necessary to bolster mutual prosperity in both China and the ASEAN region. Thai Prime Minister Yingluck Shinawatra noted that ASEAN approved of China’s efforts to improve the ASEAN-China Free Trade Area. Upgrading the free trade area would likely result in an increase in Sino-ASEAN trade.

Based upon information announced by the ASEAN Secretariat, in the year 2014 ASEAN appears poised to focus on quickly implementing targets for 2015. It also appears that ASEAN will be working towards unifying the community pillars of ASEAN, notably the ASEAN Economic Community (AEC), the ASEAN Socio-Cultural Community, as well as the ASEAN Political-Security Community. Post-2015, ASEAN may undertake initiatives to reinforce these efforts while also attempting to further engage other outside actors in the Asia Pacific and East Asia regions.

A recent joint statement from the visiting Chinese Premier and the Thai Prime Minister also noted that efforts are being made to improve relations between the Kingdom of Thailand and the Peoples’ Republic of China. The two leaders expressed their desire to see closer cooperation between their two nations in the form of investment in industry (with specific emphasis upon investment in the bio-plastics, green, and rubber industries).

Thailand and China renewed their commitment to promoting improved transportation infrastructure in the form of railway links between Thailand, Laos, and China. The two countries also discussed improved transportation channels in the form of roads, airports, and ports which could increase trade and tourism for both Thailand specifically and the region as a whole. The Chinese representatives reiterated their desire to assist in the building of a high speed railway system between Ban Phachi and Nong Khai, noting that payment for such endeavors may come, at least in part, in the form of agricultural goods.

The two countries also wish to strengthen cooperative efforts in the banking and financial spheres by promoting the use of the two nations’ currencies in matters involving Sino-Thai trade and investment. It also appears that the two countries are poised to discuss methods of improving RMB clearing services in matters pertaining to trade.

Most notably, at least for this blogger, was the announcement that China as well as Thailand are amenable to discussing, and possibly signing, a Memorandum of Understanding on exemption of visas. Apparently, a prospective Sino-Thai visa exemption scheme would allow holders of regular Thai and Chinese passports to enter each of these countries on a visa exemption stamp not unlike the current visa exemption stamps currently issued to travelers from many countries entering Thailand. The promulgation of a visa exemption scheme between China and Thailand could lead to increases in trade and tourism between the two nations.

Tags: AEC, ASEAN, ASEAN China Free Trade Area, ASEAN Economic Community, ASEAN Political-Security Community, ASEAN Socio-Cultural Community, ASEAN-China Strategic Partnership, ASsociation of Southeast ASian Nations, high-speed railway, Sino-Thai visa exemption scheme
Posted in ASEAN Business, China Business, News, Thailand Business, Thailand Legal News | No Comments »

The United States government has recently shut down due to the inability of Congress to make a deal regarding the budget and current debt ceiling level. The reverberations from this recent turn of events will likely be felt in many sectors of the United States government and by those who may have business with the US government. As a general matter, governmental functions which are deemed essential will still be available. However, those governmental activities and employees deemed non-essential will likely be discontinued and work furloughed until such time as Congress reaches an agreement. It has been 17 years since the United States government last shut down. As of the time of this writing, the Office of Management and Budget has instructed supervisors of various governmental entities to “execute plans for an orderly shutdown.”

What is the practical impact of the government’s closure upon the immigration process? It recently came to this blogger’s attention that the following has been posted on the official website of the United States Embassy in Bangkok, Thailand:

The U.S. Embassy in Bangkok and Consulate General Chiang Mai remain open to the public. As always, our priorities remain providing safety, security, and service to U.S. citizens. We are open for all consular services, including visa processing.

It could be inferred that the Embassy is attempting to dispel rumors that a shutdown will negatively impact the processing of US visa applications as well as applications for US passports, Consular Reports of Birth Abroad (CRBA), and various notarial services requested by Americans living in Thailand. Hopefully, the recently announced government shutdown will not last long and thus not cause any great problems for those seeking visas to the United States of America. However, a protracted shutdown could mean that processing of US visa applications could move at a slower pace, or, in a worst case scenario, be discontinued until such time as a budget is agreed upon. Hopefully, this will not happen and the processing of applications will continue apace.

Meanwhile, it is likely that the shutdown will not affect processing of immigration petitions at the United States Citizenship and Immigration Service (USCIS). As USCIS is funded by the fees paid by petitioners, it seems likely that a government shutdown will not adversely impact those seeking immigration benefits from USCIS. Again, as the United States has not seen a government shutdown in nearly two decades some of the details about the impact of the current shutdown remain somewhat speculative. Readers of this blog should take note that further information will be provided herein as it becomes available.

Tags: Consular Reports of Birth Abroad, CRBA, Office of Management and Budget, United States Citizenship and Immigration Service, US Consulate Chiang Mai, us embassy bangkok, us embassy thailand, US passports, US Visa Application, US visa application Thailand, US Visa Process, USCIS
Posted in Adjustment of Status, CR1 Visa, Department of Homeland Security, E1 visa, E2 Visa, EB-1 Visa, EB-2 Visa, EB-3 Visa, EB-4 Visa, EB5 Visa, F1 Visa Thailand, Fiance Visa Thailand, I-601 Waiver, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, L1 Visa, Legal News, National Visa Center, News, same sex visa, US Consulate Chiang Mai, US Embassy Thailand, US Tourist Visa, US Visa, US Visa Thailand, USCIS | No Comments »

According to the website Khaosod it appears that Bangkok Metropolitan Police are preparing to implement a program whereby individuals in Bangkok may file complaints and police reports online. This program is designed to add convenience for members of the public wishing to make a police report and to decrease the costs associated with traditional methods of filing such reports.

“88 police stations in Bangkok Metropolis area will run ′online stations′ of their own” Police Major General Adul was quoted as saying, “The online gadget will allow public to access notification and complaint submissions, fine payment, document transaction, e-library, e-learning, games, e-investigation, and station contact.” He went on to note, “Moreover, in terms of lawsuit submission, instead of the paperworks the police will just send all the relevant data via electronic forms to prosecutors right away, which should make the whole process progress faster and more economical”

In this same report, a new Closed Circuit Television program was also discussed. The project, known as “Miracle Eyes” aims to see the installation of some one million CCTV cameras throughout the Bangkok Metropolis. The cost of installing these camera systems are  to be borne by the property owners where the cameras are situated. The operation of these proposed cameras will be undertaken by police officials and connected to a central database maintained by the Metropolitan Police. In emergency situations the police will be able to notify those maintaining these cameras via text messaging to registered numbers. Plans to install such cameras in various other locations such as bank branches, shops, and gas stations are also being discussed. The official announcement and roll-out of this program is expected to occur sometime in November of this year.

Officials throughout Bangkok have routinely sought the implementation of measures to improve safety in the city and provide further convenience to Citizens. It appears that the online police report system is designed to accomplish both of these aims. Meanwhile, the CCTV program appears designed to better monitor activity in the metropolitan area with an eye toward thwarting criminal activity more efficiently and effectively. This blogger must admit, however, that the thought of one million new cameras monitoring everyone in the city should give one pause. Notwithstanding the fact that an argument can be made that such surveillance could produce marked decreases in crime statistics, there is something rather eerie about the notion of authorities being able to monitor virtually everyone’s comings and goings remotely and rather passively. That being stated, the scope of this program remains to be seen.

Tags: Bangkok Metropolitan Police, CCTV Bangkok, lawsuit submission, Miracle Eyes, online lawsuit submission, online lawsuit submission Bangkok, online police report Bangkok, police report Bangkok
Posted in Thailand Legal News | No Comments »

Recent reports indicate that Thailand is preparing to launch court proceedings at the Suvarnabhumi airport. On September 17th 2013, the Airports of Thailand PLC (AOT) approved a proposal to establish a court at the aforementioned airport. It appears that the airport court will be a division of the provincial court for Samut Prakan. The court is to be tasked with adjudicating cases involving infractions against foreign nationals. As of the time of this writing, the new court is supposedly scheduled to commence proceedings on Monday September 23, 2013.

Officials with the AOT have reported that within the past year there have been almost 2,000 crimes reportedly committed at the Suvarnabhumi airport. Although most such allegations involved mere petty crime. The establishment of the “airport court” is apparently an attempt to bolster the image of Thailand as a safe and tourist-friendly destination which takes crimes committed against foreign nationals seriously. Apparently, it may be possible for foreign nationals to schedule their cases with an eye toward maintaining their departure schedule from Thailand. Furthermore, any legal grievance which may arise at the airport could be dealt with at the airport court.

In a recent posting on this blog it was pointed out that Thai authorities had approved the commencement of proceedings at a recently established Tourist Court in the resort town of Pattaya. It was further pointed out that six more similar courts were scheduled to commence proceedings in the coming months. It would appear that the establishment of an airport court is in line with what appears to be an overarching Thai policy designed to provide new venues for tourists who have grievances in the Kingdom. That being stated, it currently appears that the airport court is modeled after traditional Thai courts while the tourist courts are more akin to arbitration venues. Those monitoring the justice system in Thailand are likely to be interested in the effectiveness of the new tourist court as well as the new airport court since no similar tribunals have ever existed in Thailand.

As in the case of the recently established tourist court, the airport court at Suvarnabhumi is to be the first court of its type to be established in Thailand. Thai officials have explained that there are plans to establish another two airport courts at Don Mueng (another airport in Bangkok) and at the international airport in Phuket, Thailand. Hopefully these new venues will provide an efficient and convenient avenue for tourists in Thailand to seek redress of grievances.

Tags: Airport Court Suvarnabhumi, Airport Court Thailand, Thai Airport Court, Thai Court System, Thai Tourist Court, Thailand Airport Court, Thailand Court System, Thailand Tourist Court, Tourist Court Thailand
Posted in Thailand Legal News | No Comments »

Reportedly, Thai human rights officials and Parliament members are poised to bring forth a bill to legalize same sex marriage in the Kingdom of Thailand. Apparently, these moves are being made in attempt to equalize the discrepancy between marital benefits enjoyed by different-sex couples when compared to their same-sex counterparts. Similar to the recent United States Supreme Court decision which compelled the United States Federal government to recognize same sex marriages which were duly legalized in the states allowing such unions, the proposed bill would provide marriage equality to same sex couples in Thailand and also equalize tax and pension benefits for those same sex couples who register their marriage in Thailand. Other parliament members were reportedly called upon to add their signatures to the bill in an effort to show broad based support for such legislation. For further information on this recent report please see the official website of The Nation.

There are a few lingering issues that remain to be answered regarding this subject as the prospect of same sex registered marriage in Thailand could be deemed a “civil union”. As civil unions in the USA are not currently accorded the same legal status as marriages the prospect of Thai same sex civil unions (although, from a legal standpoint, very advantageous for those living in Thailand) may not accord the same United States Immigration benefits as Thai same sex marriages, if the two are considered mutually exclusive under Thai law. That stated, currently Thailand has no other type of state sanctioned domestic union other than registered marriage, in a sense, all registered marriages in Thailand could be deemed “civil unions” since it is the civil registrar who registers them. The marriage ceremony is performed in Thailand with no legal effect. Therefore, many couples undertake a marriage ceremony with no legal effect and do not register their marriages, in such cases such couples are still eligible for a US fiance visa. The recent report notes that the bill would provide complete equality between same sex and different sex unions. As a result, it could be inferred that future same sex unions will be viewed in exactly the same light as different sex unions under Thai law. Should this prove to be the case, then it may be possible for future same sex couples with a registered marriage in the Kingdom of Thailand to apply for United States Immigration benefits such as the CR-1 visa and the IR-1 visa in the same manner as Thai-American different-sex married couples. In any event, the recent announcement is a significant positive signal that Thailand may become the first nation in Asia to legalize same sex unions.

Tags: gay fiance visa, LGBT fiance visa, LGBT marriage Thailand, marriage in Thailand, same sex civil union Thailand, same sex fiance visa, Same Sex Marriage, Same Sex Marriage Thailand, same sex marriage visa, same sex visa Thailand
Posted in same sex visa, Thailand Legal News | No Comments »

It would appear that the newly established tourist court is opening in Pattaya, Thailand today. This initiative was instigated due to a desire by Thai officials to provide foreign tourists with a forum to lodge complaints and seek redress of grievances. The new tourism court will be a “night court” as hearings will be held from 4:30pm until 8:30pm. Although the court appears to be prepared to hear some cases of a general nature (which involve tourists) it seems the court will primarily concern itself with cases involving consumer protection issues as well as tourist safety.

Of further interest to those who may have a case to bring before the Tourist Court is the announcement from Thai officials that such cases will likely be decided in the relatively quick period of one day as opposed to the customary 6 months usually required for traditional Thai courts to render a decision in a given adjudication. It appears that matters arising before the tourist court are likely to handled in much the same manner as arbitration proceeding since an emphasis will be placed upon negotiation rather than litigation. Cases of a more serious nature may be removed to the traditional Thai court system depending upon the issues involved.

It appears that Pattaya is not to be the only jurisdiction with a Court of this kind as it appears that there will be six additional Tourist Courts added to the system in the future. Thai officials intend to have these new Tourist Courts convened in the Silom area of Bangkok (with Pathum Wan District to be the venue) and the Khao San area of Bangkok (Dusit District). While Tourist Courts in Samui, Krabi, Phuket and Chiang Mai are expected to be convening soon as well. It should be interesting to see how decisions by these new Courts will be enforced since one of the parties to a given case may have returned to their homeland before the court has rendered a final decision. That stated, due to the fact that many of these Courts’ decisions are likely to be handed down in one day it stands to reason that many of the parties bringing cases will see resolution rather quickly.

This first Tourist Court in Pattaya is intended to act as a sort of a beta test for the Tourist Court system as a whole. As Thai officials, citizens, and foreign nationals get a glimpse of how these Courts will actually operate those experiences should be used to assist in making later established Courts more efficient. In recent years, Thailand’s government has implemented policies to discourage scams perpetrated against tourists as tourism is an important facet of the  Thai economy. The establishment of a Tourist Court appears to be logical extension of previously promulgated policies.

Tags: Consumer Protection Thailand, Thai Consumer Protection, Thai Tourism Court, Thai Tourist Court, Thailand Tourism Court, Thailand Tourist Court, Tourism Court Thailand, Tourist Court Pattaya, Tourist Court Thailand
Posted in Thailand Legal News | No Comments »