The Kingdom of Thailand and the United States of America, desirous of promoting friendly relations traditionally existing between them and of encouraging mutually beneficial trade and closer economic and cultural intercourse between their peoples.

The Kingdom of Thailand and the United States of America, desirous of promoting friendly relations traditionally existing between them and of encouraging mutually beneficial trade and closer economic and cultural intercourse between their peoples, have resolved to conclude a Treaty of Amity and Economic Relations, and for that purpose have appointed as their Plenipotentiaries:

HIS MAJESTY THE KING OF THAILAND:

His Excellency THANAT KHOMAN, Minister of Foreign
Affairs of the Kingdom of Thailand; and

THE PRESIDENT OF THE UNITED STATES. OF AMERICA:

His Excellency GRAHAM MARTIN, Ambassador Extraordinary
and Plenipotentiary of the United States of America to the Kingdom of Thailand;

Who, having communicated to each other their full powers found to be in due form, have agreed as follows;

ARTICLE I

1. Nationals of either Party shall, subject to the laws relating to the entry and sojourn of aliens, be permitted to, enter the territories of the other Party, to travel therein freely. and to reside at places of their choice and in particular to enter the territories of the other Party and to remain therein of the purpose of : (a) carrying on trade between the territories of the two Parties and engaging in related commercial activities; or (b) developing and directing the operations of an enterprise in which they have invested or are actively in process of investing a substantial amount of capital. Each Party reserves the right to exclude, restrict the movement of, or expel aliens on grounds relating to public order, morals, health and safety. The provisions of (b) above shall be construed as extending to a national of either Party seeking to enter the territories of the other Party solely for the purpose of developing and directing the operations of an enterprise in the territories of such other Party in which his employer has invested or is actively in the process of investing a substantial amount of capital, provided that such employer is a national or company of the same nationality as the applicant and that the applicant is employed by such national or company in a responsible capacity.

2. Nationals of either Party within the territories of the other Party shall receive the most constant protection and security, in no case less than that required by international law. When any such national is in custody, he shall in every respect receive reasonable and humane treatment; and on his demand the diplomatic or consular representative of his country shall be immediately notified and accorded full opportunity to safeguard his interests. He shall be promptly informed of the accusations against him, and allowed ample facilities to defend himself.

3. Nationals of either Party shall enjoy in the territories of the other Party entire liberty of conscience, and, subject to applicable laws, ordinances and regulations, shall enjoy the right of private and public exercise of their worship.

ARTICLE II

1. Companies constituted under the applicable laws and regulations of either Party shall be deemed to have the nationality of that Party and shall have their juridical status recognized within the territories of the other Party. As used in the present Treat, “companies” means:

(a) with reference to Thai companies: Juristic persons under Thai laws, whether or not with limited liability and whether or not for pecuniary profit;

(b) with reference to United States companies: corporations, partnerships, companies, and other associations, whether or not with limited liability and whether or not for pecuniary profit.

2. Nationals and companies of either Party shall have free access to courts of justice and administrative agencies within the territories of the other Party, in all degrees of jurisdiction, both in the defense and in the pursuit of their rights. Such access shall be allowed upon terms no less favorable than those applicable to nationals and companies of such other Party or of any third country, including the terms applicable to requirements for deposit of security. It is understood that companies not engaged in activities within the country shall enjoy the right of such access without any requirement of registration or domestication.

3. Contracts entered into between nationals and companies of either Party and nationals and companies of the other Patty, that provide for the settlement by arbitration of controversies, shall not be deemed unenforceable within the territories of such other Party merely on the grounds that the place designated for the arbitration proceedings is outside such territories; or chat the nationality of one or snore of the arbitrators is not that of such other Party. No award duly rendered pursuant to any such contract, and final and enforceable. under the laws of the place where rendered, shall be deemed invalid or denied effective means of enforcement, within the territories of either Party merely on the grounds that the place where such award was rendered is outside such territories or that the nationality of one or morn of the arbitrators is not that of such Party.

ARTICLE III

1. Each Party shall at all times accord fair and equitable treatment to nationals and companies of the other Party, and to their property and enterprises; shall refrain from applying unreasonable or discriminatory measures that would impair their legally acquired rights acid interests; and shall assure that their lawful contractual rights are afforded effective means of enforcement, in conformity with the applicable laws.

2. Property of nationals and companies of either Party, including direct or indirect interests in property, shall receive the most constant protection and security within the territories of the other Party. Such property shall not be taken without due process of law or without payment of just compensation in accordance with the principles of international taw.

3. The dwellings, offices, warehouses, factories, and other premises of nationals and companies of either Party located within the territories of the other Party shall not be subject to entry or molestation without just cause. Official searches and examinations of such premises and their contents shall be made only according to law and with careful regard for the convenience of the occupants and the conduct of business.

ARTICLE IV

1. Nationals and companies of either Party shall be accorded national treatment with respect to establishing, as well as acquiring interests in, enterprises of all types for engaging in commercial, industrial, financial end other business activities within the territories of the other Party.

2. Each party reserves the right to prohibit aliens from establishing or acquiring interests, or to limit the extent to which aliens may establish or acquire interests, in enterprises engaged within its territories in communications, transport, fiduciary functions, banking involving depository functions, the exploitation of land, or other natural resources, or domestic trade la indigenous agricultural products, provided that it shall accord to nationals and companies of the other Party treatment no less favorable in this connection than that accorded nationals and companies of any third country.

3. The provisions of paragraph I do riot include the practice of professions, or callings reserved for the nationals of each Party.

4. Enterprises which are or may hereafter be established or acquired by nationals and companies of either Party within the territories of the other Party and which are owned or controlled by such nationals and companies, whether in the form of individual proprietorships, direct branches or companies constituted under the laws of such other Party, shall be permitted freely to conduct their activities therein upon terms no less favorable than like enterprises owned or controlled by nationals of such other Party or of any third country.

5. Nationals and companies of either Party shall enjoy the right to control and manage the enterprises which they have established or acquired within the territories of the other Party, and shall be permitted without discrimination to do ail things normally found necessary and proper to the effective conduct of enterprises engaged in like activities.

6. Nationals and companies of either Party shall be permitted, in accordance with the applicable laws, to engage, within the territories of the other Party, accountants or other technical experts, executive personnel, attorneys, agents and other specialists of their choice. Moreover, such nationals and companies shall be permitted to engage accountants and other technical experts, regardless of the extent to which they may have qualified for the practice of a profession within the territories of such other Party, for the particular purpose of raking examinations, audits and technical investigations for internal purposes exclusively for, and rendering reports to, such nationals and companies in connection with the planning and operation of their enterprises within such territories.

ARTICLE V

1. Nationals and companies of either Party shall be accorded national treatment within the territories of the other Party with respect to: (a) leasing immovable property needed for their residence or for the conduct of activities pursuant to the present Treaty; (b) purchasing and otherwise acquiring movable property of all kinds, subject to any limitations on acquisition of shares in enterprises that may be imposed consistently with Article IV; and (c) disposing of property of all kinds by sale, testament or otherwise.

2. Nationals and companies of either Party shall have within the territories of the other Party the same right as nationals and companies of that other Party in regard to patents for invention, trade marks, trade names, designs and copyright in literary and artistic works, upon compliance with the applicable laws and regulations. if any.

ARTICLE VI

1. Nationals and companies of either Party shall not be subject to the payment of taxes, fees or charges within the territories of the other Party, or to requirements with respect to the levy and collection thereof, more burdensome than those borne by nationals, of all third countries. The rates for such fees shall not exceed those charged such nationals of any third country residents and companies of any third country. In the case of nationals of either Party residing within the territories of the other Party, and of companies of either Party engaged in trade or other gainful pursuit or in non-profit activities therein, such taxes, fees, charges and requirements shall not be more burdensome than those borne by nationals and companies of such other Party.

2. Each Party, however, reserves the right to: (a) extend specific tax advantages only on the basis of reciprocity, or pursuant to agreements for the avoidance of double taxation or the mutual protection of revenue: and (b) apply special provisions in extending advantages to its nationals and residents in connection with joint returns by husband and wife, and as to the exemptions of a personal nature allowed to non-residents in connection with income and inheritance taxes.

3. Companies of zither Party shall not be subject. within the territories of the other Party, to the payment of taxes upon income not attributable to sources within such territories, or upon transactions or capital not attributable to the operations and investments thereof within such territories.

4.The foregoing provisions shall not prevent the levying, in appropriate cases, of fees relating to the accomplishment of police and other formalities, if these fees are also levied on nationals of all third countries. The rates for such fees shall not exceed those changed such nationals of any third country.

Incoming search terms:

• kingdom of thailand
• Thailand trading with america
• thailand treaty with america
• Treaty of Amity Thailand
• US - Thailand Amity treaty
• us thailand amity treaty

Thailand Condominium Act

The last part of the Condominium Act of Thailand defines how to revoke a condo registration, fees and application procedures. Speak to a lawyer in Thailand as to how this is done. This website is only a guide to property in Thailand.

CHAPTER VI

Revocation of Condominium

Section 51 The condominium already registered may be revoked upon any of the following reasons
(1)     In the case where registration of juristic condominium has not yet been made, the applicant for registration of condominium or the transferee of ownership of all the apartments in the condominium, whichever the case may be, request for the revocation of condominium.
(2)     Joint-owners adopt the resolution unanimously to revoke the condominium.
(3)     The entire of the condominium being damaged and joint owners adopt the resolution not to build that building anew.
(4)     The whole of the condominium has been expropriated under the law governing the expropriation of immovable property.

Section 52 in case the condominium being revoked because of the reason under Section 51 (1), the applicant for revocation shall file the application for revocation of the condominium in the form prescribed by the Minister to the Competent Official.

Upon the Competent Offcial having considered it in good order, the Competent Official shall register the revocation of the condominium and publish the registration of the revocation of the said condominium in the Government Gazette.

Once the registration of the revocation of the condominium under this Section has been executed, the provisions in Section 54 and Section 55 shall apply mutatis mutandis.

Section 53 In the case where the condominium was revoked because of the reason under Section 51 (2) or (3), the Manager of the juristic condominium shall file the application for registration of the revocation of the condominium in the form prescribed by the Minister to the Competent Official together with the apartment title deed and copy of the minutes of meeting of joint-owners with resolution to revoke the said condominium or the resolution not to construct the said condominium anew and the Manager of the juristic condominium shall sign certifying correct copy, whichever the case may be, within thirty days from the day the meeting of joint-owners adopt the said resolution.

Upon the Competent Official considers that it is in good order, the registration of the revocation of the condominium shall be accepted and the registration of the revocation of the said condominium shall be published in the Government Gazette.

Section 54 Once the registration of the revocation of the condominium under Section 52 or Section 53 had been completed, the apartment title deed of the said condominium shall be revoked and the Competent Official shall make a remark of the revocation in the copy of the owner of the apartment and the copy retained at the Office of the Competent Official.

The Competent Official shall have the power to issue written notice for the return of the copy of the owner of the revoked apartment from the owner or the person in possession for carrying out under the first paragraph and the owner of the apartment or the person in possession shall send the apartment title deed to the Competent Official within thirty days from the date of receipt of written notice.

Section 55 The Competent Official shall send the copy of the condominium title deed of the revoked apartment retained at the office of the Competent Official with the remark of revocation under Section 54 together with the copy of the application for registration of the revocation of the condominium to the Land Competent Official to make entry in the index for registration of the original land title deed showing the names of joint-owners as appeared in the application for registration of the revocation of the condominium as collective ownership at the ration each joint-owner has the ownership in the common property together with the details of obligation as appeared in the said apartment title deed.

When the Land Competent Official has duly made the entry in the land title deed under the first paragraph, such land shall be no more subject to the provisions of this Act and the Land Competent Official shall return the said land title deed to the owner.

* An alien or a juristic person as specified in Section 19 whose name appears as an owner on land title deed, as a result of registration of dissolution of condominium under the first paragraph, shall dispose of his portion of land within a period not exceeding one year from the date of registration of dissolution of condominium. If disposition is not made within the said period, the provisions of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis.

Section 56 In the event the condominium being revoked because of the reason under Section 51 (4), the apartment title deed shall be revoked and the Competent Official shall register the revocation of the condominium and publish the registration of revocation of the said condominium in the Government Gazette.

In the case of the first paragraph, the entry in the index for registration of the apartment title deed of the apartment and of the original land title deed shall be executed as prescribed in the Ministrial Regulations.

Section 57 When there is registration of revocation of condominium, the juristic condominium shall be dissolved and the meeting of joint-owners shall appoint a liquidator within fourteen days from the date of registration of the dissolution of the condominium.

Section 58 The liquidator shall have the power to dispose of the common property which is movable property unless the meeting of joint-owners will adopt a resolution otherwise.

Section 59 The provisions of the Civil and Commercial Code, Title XXII, Partnerships and Companies, Chapter V, Liquidation of Registered Partnerships, Limited Partnerships and Limited Companies, shall apply in the liquidation of juristic condominium mutatis mutandis.

Section 60 Upon completion of the liquidation, should there be property still remaining, such shall be divided to joint-owners according to the ratio each joint-owner has the ownership in the common property.

CHAPTER VI-1

Section 60/1 In performing in accordance with this Act, the competent official shall have the power as follows:

1) Conveying a letter to any person calling for such person to make a statement, give explanation on the facts or else make a written explanation or submit documents, accounts, registers or any evidences to support a consideration or a check on the performance in compliance with this Act.
(2) Entering the land and building requested for registration as a condominium or the land, building or premises being the common property of the condominium in order to make inquiries on the facts, verify documents or evidences to support the consideration or check the performance in compliance with this Act.
(3) Attaching documents, accounts, registers or evidences for the benefit of verifications and proceeding the case under this Act.

On performing duty under (2), the competent official shall not act in a manner of threatening or search in accordance with Criminal Procedure Code.

On performing duty under paragraph one by the competent official, related person(s) shall provide reasonable facilitations to such competent official.

Section 60/2 On performing duty, the competent official must produce his identification card to related person(s).

The identification card of the competent official shall be in accordance with the form set forth by the Minister.

Section 60/3 On performing duty in accordance with this Act, the competent officials shall be the official in accordance with the Criminal Code.

CHAPTER VII

Fees and Expenses

Section 61 The application and the registration of condominium or juristic condominium, application and registration for the revocation of condominium, amendment of the Regulations , the issuance of apartment title deed or the substitute of apartment title deed, the application and the registration and the registration of rightsand juristic acts or other businesses in connection with the apartment, the applicant shall pay the fees and expenses as prescribed in the Ministerial Regulations.

Section 62 The provisions of Land Code under Chapter 11 – Fees, shall apply to the levies of fees under this Act mutatis mutandis.

Chapter VIII

Penalty

Section 63 A person having an ownership in the land and building in accordance with Section 6, whoever violating paragraph one of Section 6/1 or paragraph one of Section 6/2 shall be liable for punishment of a fine not exceeding one hundred thousand Baht.

Section 64 Whoever violating paragraph two of Section 6/1 shall be liable for punishment of a fine from fifty thousand Baht up to one hundred thousand Baht.

Section 65 Whoever violating Section 17/1 shall be liable for punishment of a fine not exceeding fifty thousand Baht and an additional fine not exceeding five thousand Baht per day throughout the period of such violation.

Section 66 An alien or a corporate deemed by law to be an alien whoever fails to notify a competent official on the factum provided under paragraph two of Section 19 penta, Section 19 septem, Section 19 octo, Section 19 novem, Section 19 decem and Section 19 linquere within the prescribed time, shall be liable for punishment of a fine not exceeding ten thousand Baht and an additional fine not exceeding five hundred Baht per day throughout the period of such violation.

Section 67 Whoever holding an ownership in a unit in the capacity of an owner on behalf of an alien or a corporate deemed by law to be an alien notwithstanding whether or not such alien or corporate shall have a right to hold an ownership in a unit under this Act, shall be liable for punishment of imprisonment not exceeding two years or a fine not exceeding twenty thousand Baht or both and that the provisions under paragraph 4 of Section 19 penta shall apply mutatis mutandis.

Section 68 Whoever failing to comply with paragraph three of Section 29 and Section 36 (5) shall be liable for punishment of a fine not exceeding fifty thousand Baht and an additional fine not exceeding five hundred Baht per day throughout the period of improperly compliance.

Section 69 Any manager violates or does not observe under Section 32, Second Paragraph, Section 35/2, Section 37, Fifth Paragraph and Section 42 First Paragraph, the punishment shall be a fine of not more than five thousand baht.)

Section 70 The Board Chairman whoever failing to comply with Section 37/5 and Section 38 (3) shall be liable for punishment of a fine not exceeding five thousand Baht.

Section 71 Any condominium corporate violating or failing to comply with Section 38/1, Section 38/2 and Section 38/3 shall be liable for punishment of a fine not exceeding ten thousand Baht.

In the case where a condominium corporate commits an offence under paragraph one, the respective Manager shall be liable for punishment provided for under paragraph one, as well, unless otherwise it can be proved that he takes no part in committing such offence.

Section 72 A joint owner whoever carrying on a construction, decoration of, modification on, change in or addition to his unit in violation of Section 48 (3) shall be liable for punishment of a fine not exceeding one hundred thousand Baht.

Section 73 Whoever failing to comply with an order of, obstructing against or failing to provide facilitation to a competent official performing duty under Section 60/1 shall be liable for punishment of imprisonment not exceeding three months or a fine not exceeding six thousand Baht or both.

Countersigned:

S. Hotrakitya

Deputy Prime Minister

Incoming search terms:

• immigration and deportation from Thialand
• immigration thailand
• register condominium
• revoked land
• thai condo law explained
• thai immigration law and criminals
• thailand immigration deportation lawyers
• thailand immigration offence

Thailand Condominium Act

The current Section 5 of the Thai Condominium Act of Thailand explains the duties of all those who have an interest in the condo unit. It also looks at the responsibilities of those who manage the building. Again speak to a property lawyer first!

CHAPTER V

Juristic Condominium

Section 31 The transfer of rights in the apartment to any person without transferring the entire ownership in the apartment in the condominium to one or several persons holding the rights jointly shall be made only upon the transferror and the transferee of rights in the said apartment filing the application for the transfer of rights in the apartment together with the application for the registration of juristic condominium with the copy of the Regulations and evidence in the registration of condominium to the Competent Official.

Upon finding it correct, the Competent Official shall register the transfer of rights in the apartment to the transferee and register the juristic condominium under the first paragraph simultaneously and publish it in the Government Gazette.

Section 32 The Regulations shall at lease contain the following main particulars:
(1)     Name of juristic condominium shall contain the words ‘juristic condominium’ as well
(2)     Objectives under Section 33
(3)     Location of office of juristic condominium
(4)     Amount of expenses of juristic condominium the joint-owners shall have to pay in advance.
(5)     Management of common property
(6)     The use of personal property and common property,
(7)     Ratio of the freehold in common property which each unit joint owner has as specified in condominium registration application,
(8)     Expense ratio where the payment is shared by joint owners in accordance with Section 18,
(9)     Other statements prescribed under Ministerial Regulation.

An alteration on or an addition to the Regulations which has already been registered can be made only by the resolution of the Joint Owner General Meeting and the Manager shall register such alteration or addition with the competent official within thirty days from the date on which the Joint Owner General Meeting has passed such resolution.

In the case where the competent official is of the view that such alteration or addition is not contradictory to the law, the competent official shall then register such alteration or addition thereof.

Section 33 Juristic condominium duly registered shall have the status as a juristic person and shall have the objectives to manage and maintain the common property with the power to do any acts for the benefits of the said objectives. However, it shall be in accordance with the resolution of joint-owners under the provisions of this Act.

Section 34 In the event certain part of the condominium being expropriated under the law governing expropriation of immovable property, the joint-owners whose apartments have been expropriated shall have no right in the common property remains from the expropriated. In this instance, the juristic condominium shall arrange for the joint-owners whose apartments have not been expropriated jointly indemnify the price to the joint-owners whose rights extinct. However, it shall be according to the ratio of each joint-owner is entitled to the common property.

For the purpose of indemnify the price to the joint-owners whose rights extinct under the first paragraph, it shall be regarded that the debt indemnifying the said price has preferential rights over the personal property of the owners whose apartments have not have been expropriated similarly to the expenses under Section 18, the second paragraph.

Section 35 The juristic condominium shall have one manager who may be an ordinary person or a juristic person. In the case where the manager is a juristic person, such juristic person shall appoint an ordinary person to be the person acting for the juristic person in the capacity as the manager.

Section 35/1 The Manager shall not be lower than full twenty-five years old and shall not possess the following prohibitions:
(1)     Being bankrupt
(2)     An incompetent or quasi-incompetent person,
(3)     Used to be dismissed, removed or discharged from government service, government or private organization or agency on charge of misfeasance,
(4)     Used to be imprisoned by final judgment except an offence committed through negligence or petty offence,
(5)     Used to be removed from the capacity of a manager because of corruption or his conduct is detrimental or defective on morality.
(6)     Having unpaid debt being the expenses under Section 18.

In the case where the Manager is a juristic person, the person acting on behalf such juristic person in the capacity of a manager shall as well have the qualifications and shall not possess the prohibitions described under paragraph one.

Section 35 /2 The appointment of the Manager shall be in concordance with the resolution of the Joint Owner General Meeting in accordance with Section 49 and the Manager so appointed shall bring the evidences or Employment Agreement to the competent official for registration within thirty days from the date on with the Joint Owner General Meeting has passed the resolution.

Section 35/3 The Manager vacates office upon
(1)     Death or the status of being a juristic person has come to an end,
(2)     Resignation,
(3)     The period prescribed under Employment Agreement has come to an end,
(4)     Disqualification or possessing prohibitions set forth under Section 35/1,
(5)     Failure to comply with the provisions under this Act or Ministerial Regulation issued under this Act or failure to comply with a condition set forth under the Employment Agreement and that the Joint Owner General Meeting has passed a resolution for removal in accordance with Section 49.
(6)     The Joint Owner General Meeting has passed a resolution on the removal.

Section 36 The manager shall have the following powers and duties:

(1)     To carry out the work according to the objectives under Section 33 or resolution of the Regulations or resolution of the joint-owners General Meeting, however it shall not be contradictory to the law.
(2)     In the case of necessity and urgency, the Manager shall have the power by his own initiative to carry out the business for the safety of the building as a prudent person should do to his own property.
(3)     Providing security operations or taking actions in maintaining peace and order within the condominium.
(4)     Acting as a representative of the condominium corporate.
(5)     Arranging to have a monthly Receipt and Expenditure Account prepared and post it on the Bulletin Board to inform the joint owners within fifteen days from the end of the month and that such relevant Announcement shall be posted at least for a consecutive period of fifteen days.
(6)     Suing for compulsory performance from a joint owner for overdue payment of expenses under Section 18 in excess of six months and over.
(7)     Other duties prescribed under Ministerial Regulation.

The Manager shall perform his duties by own self except the business by the Regulations or the resolution of the Joint Owner General Meeting in accordance with Section 49 (2) prescribing that the other person can be assigned to work on his behalf and that the person so assigned shall be present to perform duties in accordance with time set forth under the Regulations.

Section 37 There shall be a Condominium Corporate Committee consisting of members of not less than three persons but not exceeding nine persons appointed by the Joint Owner General Meeting.

The members shall hold office for two years each term. In the case where a member vacates office prior to the expiration of term or a member is additionally appointed during which the members having already been appointed still have a term in office, the member so appointed to take place or in addition shall have a term in office equivalent to the remaining term in office of the members having already been appointed.

Upon completion of the term in office in accordance with paragraph two, if new members have not yet been appointed, the members vacating office on the expiration of the term shall continue to perform their duties until the newly appointed members assume their duties.

A member vacating office may be re-appointed but shall not be eligible to hold office exceeding two consecutive terms unless other person cannot be found to hold office.

On the appointments of the members, the Manager shall register such appointments with the competent official within thirty days from the date on which the Joint Owner General Meeting has passed a resolution on such appointments.

Section 37/1 The following persons shall be eligible for an appointment as a member:
(1)     A joint owner or his spouse,
(2)     A statutory heir, custodian or curator in the case where a joint owner is a minor, incompetent or quasi-incompetent person, as the case may be.
(3)     An agent of the condominium corporate in the case where the condominium corporate is a joint owner.

In the case where any unit’s ownership holder consist of several joint owners, only one person shall be eligible for an appointment as a member.

Section 37/2 A person eligible for appointment as a member shall not possess the following prohibitions:

(1) A minor, an incompetent or quasi-incompetent person,
(2) Used to be relieved from the position of a member by the Joint Owner General Meeting or removed from being a manager because of corruption or his conduct is detrimental or defective on morality.
(3)  Used to be dismissed, removed or discharged from a government service, government or private organization or agency on charge of misfeasance,
(4) Used to be imprisoned by final judgment except an offence committed through negligence or petty offence.

Section 37/3 In addition to vacating office on the expiration of term, a member vacates office upon

(1) Death,
(2) Resignation,
(3) Not being a person under Section 37/1 or having the prohibitions set forth under Section 37/2,
(4) The Joint Owner General Meeting has passed a resolution in accordance with Section 44, relieving him from the position.

Section 37/4 The Committee (Board) shall elect a member as the Board Chairman and may elect a member as the Board Vice Chairman.

Section 37/5 The Board Chairman shall summon members for a Board Meeting and in the case where at least two members have submitted a request for summoning a Board Meeting, the Board Chairman shall schedule the date for such Meeting within seven days from the date of receiving such request.

Section 37/6 On the Committee (Board) Meeting, there must be members of not less than a half of the total number of the members attending to Meeting to constitute a quorum.

On the Committee Meeting, if the Board Chairman is not present at the Meeting or is unable to perform his duty, the Board Vice Chairman shall preside over the Meeting as the Meeting Chairman, but, if in the absence of the Board Vice Chairman or even in his presence, however, he is unable to perform his duty, the members in attendance shall elect a member to be the Chairman of the Board Meeting.

The Meeting decision shall be on the basis of the majority of votes. In casting votes, each member shall have one vote. In the case of an equality of votes, the Meeting Chairman shall have an additional vote as the casting vote.

Section 38 The Board shall have the power and duty as follows:

(1) Monitoring control over the condominium corporate managements,
(2) Appointing a member to assume duties of the Manager of the condominium corporate in the case where there is no Manager or the Manager is unable to perform normal duties in excess of seven days.
(3) Arranging the Board Meeting to be convened at least once every six months.
(4) Other duties prescribed under Ministerial Regulation.

Section 38/1 The condominium corporate shall prepare a balance sheet at least once every twelve-month cycle which shall be deemed as accounting year of such condominium corporate.

The balance sheet under paragraph one must contain the particulars on the amount of properties and liabilities of the condominium corporate as well as receipt-expenditure account and audited by an auditor and then submitted to the Joint Owner General Meeting for approval within one hundred and twenty days from the date ending the accounting year.

Section 38/2 The condominium corporate shall prepare an annual report showing operational result for submission to the Joint Owner General Meeting together with proposing the balance sheet and that photocopies of such documents shall be forwarded to joint owners at least seven days prior to the date scheduled for the Meeting.

Section 38/3 The condominium corporate shall maintain the annual report showing the operational result and balance sheet including Bylaws at the condominium corporate office to enable the competent official or joint owners for jointly review.

The condominium corporate shall maintain the annual report showing the operational result and balance sheet under paragraph one for a period of not less than ten years from the date of receiving approval from the Joint Owner General Meeting. (http://www.samuiforsale.com)

Section 39 The juristic condominium may exercise the right of joint-owner covering all the common property in defending outside persons or demanding the return of property for the benefit of all joint-owners.

Secion 40 Joint-owners shall pay money to the juristic condominium for the carrying out of the business of juristic condominium as follows:
(1)     Expenses of juristic condominium which the owner of each apartment shall pay in advance.
(2)     Fund upon starting to do anything under the Regulations or under the resolution of the general meeting.
(3)     Other monies for the carrying out of the resolution of the general meeting under the conditions prescribed by the general meeting.

Section 41 For the purpose in the enforcement of settlement of debts arising from the expenses under Section 18, the juristic condominium shall have the preferential rights as follows:

(1) Preferential rights in connection with the expenses under Section 18, first paragraph shall be regarded as preferential rights of the same nature as the preferential rights under Section 259 (1) of the Civil and Commercial Code and over the movable property the owner of the said apartment brought into his apartment.
(2) Preferential rights concerning the expenses under Section 18, second paragraph shall be regarded as preferential rights of the same nature as the preferential rights under Section 273 (1) of the Civil and Commercial Code and over the personal property of each owner of the apartment.

Preferential rights under (2), if the manager has duly submitted the description of debt to the Competent Official, it shall be regarded a priority to the mortgage.

Section 42 The Manager shall arrange to have a General Meeting convened which shall be deemed to be the first Ordinary General Meeting within six months from the date of the registration of the condominium corporate in order that the Meeting can appoint the Board and consider for approval the Bylaws and the Manager having been registered in accordance with the application for the registration of the condominium corporate which has already been submitted.

In the case where the Ordinary General Meeting does not give the approval on the Regulations or the Manager under paragraph one, the Ordinary General Meeting shall consider the alteration or modification on such Bylaws or Manager or removal thereof and then appoint a Manager, as well.

Section 42/1 The Board shall arrange to have the Ordinary General Meeting convened once a year within one hundred and twenty days from the date ending the accounting year of the condominium corporate to undertake the following businesses:

(1) Considering for approval the balance sheet,
(2) Considering the annual report,
(3) Appointing an auditor,
(4) Considering other matters.

Section 42/2 In the case of necessity, the following persons shall have the right to summon an Extraordinary General Meeting whenever required:

(1) The Manager,
(2) The Committee by its resolution exceeding a half of the Board Meeting,
(3) Joint owners of not less than twenty percents (20%) of the total votes of the joint owners signing to make a letter requesting the Meeting to be convened for submission to the Board. In this case, the Board shall arrange to have the Meeting convened within fifteen days from the date of receiving such request. Should the Board fail to have the Meeting convened within such prescribed time, The joint owners of the aforementioned number shall have the right to arrange to have such Extraordinary General Meeting convened by themselves by appointing a person from them to be their representative in issuing letters of summoning to attend the Meeting.

Section 42/3 On summoning to the General Meeting, written letters indicating the place, date, tie and Meeting agendas and the matters to be presented to the Meeting together with reasonable details shall be made and forwarded to the joint owners at least seven days prior to the Meeting date.

Section 43 At a General Meeting, there must be the Meeting attendees with the collective votes of not less than one fourth of the total number of the votes to constitute a quorum.

In case co-owners present in the meeting do not constitute the quorum as specified in First Paragraph, a new meeting shall be convened within fifteen days from the day convening in the previous time; the latter general meeting has no enforcement that the quorum shall be constituted.

The Manager or spouse of the Manager shall be prohibited to chair the General Meeting.

Section 44 The resolution of the general meeting shall be by the majority of votes of joint-owners attending the meeting unless this Act will have providedotherwise.

Section 45 In casting of votes, each joint-owner shall have the votes according to the ration of his ownership in the common property.

If one joint-owner owner has the votes more than half of the total votes, the number of votes shall be reduced to remain equivalent to the total votes of all other joint-owners.

Section 46 Upon there being a Regulation stipulating that certain joint-owners shall pay expenses in particular, only these joint-owners shall have the right to vote in the resolutions concerning the said expenses with the number of votes of each joint-owner is entitled according to the ration prescribed in the prescribed in the Regulations under Section 18, first paragraph.

Section 47 A joint owner may give a written proxy to the other person in casting the vote on his behalf, however, a proxy shall not be permitted to receive such written proxy to cast the votes in a meeting in excess of three units.

The following persons shall be prohibited to receive a proxy to cast the vote on behalf of a joint owner:

1. Board members and their spouses,
2. The Manager and his spouse,
3. Staffs or employees of the condominium corporate or contractors of the condominium corporate,
4. Staffs or employees of the Manager in the case where the Manage is a corporate.

Section 48 A resolution on the following matters must have the votes of not less than a half of the total votes of the joint owners:

1. A purchase of real estate or acceptance as a gift of real estate with the encumbered charge being the common property,
2. A disposition of common property being the real estate,
3. A permission to a joint owner to build, decorate, make a change in, alteration on or addition to his own unit at his own expenses which adversely affect the common property or the external features of the condominium,
4. An alteration on or a change in the Bylaws relating to the use or management of the common property,
5. An alteration on or a change in the ratio of the common expenses in the Bylaws defined under Section 32 (8),
6. A construction deemed to be a change in, addition to or modification on the common property,
7. An arrangement for the exploitation from the common property.

In the case where the joint owners attending a meeting does not constitute the number set forth under paragraph one, a new meeting shall be summoned within fifteen days from the date of summoning the preceded meeting and that a resolution relating to the matter provided under paragraph one in this new meeting must receive the votes of not less than one third of the joint owners’ total votes.

Section 49 A resolution relating to the following matters shall receive the votes of not less than one fourth of the joint owners’ total votes:

(1) Appointment or removal of the Manager,
(2) Stipulation on the business which the Manager has the power to assign the other person to carry out on his behalf.

Section 50 In the event of the total damage of the condominium or part of the condominium but more than half of the total number of the apartments, if the joint-owners adopt s resolution by a vote under Section 48 to construct or repair the part of the building which is damaged, the juristic condominium shall construct or repair the part of the building which is damaged to restore it to good condition.

If the condominium is damaged partly but less than half of the total number of the apartments, if the majority of the joint-owners of the damaged apartments adopt resolution to construct or repair the said damage, the juristic condominium shall construct or repair the said damage to restore it to good condition.

Expenses in the construction or repair of the damaged building which is the common property, every joint-owner of the condominium shall jointly pay according to the ratio each joint-owner has ownership in the common property. With regard to the expenses in the construction or repair of the part which is personal property it shall be borne by the owner of the said damaged apartment.

The apartment newly constructed under the first paragraph or the second paragraph shall be regarded as replacement of the original apartment and the original apartment title deed shall be regarded as the apartment title deed of the newly constructed apartment. If the details in the original apartment title deed does not correspond with those of the newly constructed apartment, the Competent Official shall have the power to make correction therefore.

If it arrives at a resolution not to construct or repair the damaged part of the building under the paragraph or the second paragraph, Section 34 shall apply mutatis mutandis.

Upon the owner of the apartment not to be constructed or repaired of the part damaged having received indemnity of the price of the common property from the joint-owners, the apartment title deed of the said apartment shall be revoked and the owner shall return it to the Competent Official within thirty days from the date of receipt of the indemnity of the price of the common property for he remark of revocation in the apartment title deed both the copy of the owner of the apartment and the copy retained at the Office of the Competent Official and the Competent Official shall publish revocation of the said apartment title deed in the Government Gazette.

Incoming search terms:

• condominium law thailand
• thailand condominium act juristic persons responsibilities thailand
• thai condominium law what is ministerial regulations
• condo act thailand
• the 5 things of thai condo
• Thailand condominium act section 44
• thailand condo general meeting filed thirty days
• thailand codo act jp duties
• Thai condominium act invitation owner meeting
• juristic person resigned thai condo

Thailand Condominium Act

Chapter 4 of the Thai Condominium Act describes what a juristic person is and how this affects the status of the condo unit. Speak to a property lawyer in Thailand before you sign any sale agreement for property. This website is only a guide to property in Thailand.

CHAPTER IV

Registration of Rights and Juristic Acts

Section 28 The Competent Official under this act shall be the Competent Official registering the rights and juristic acts in connection with the apartment.

Section 29 Any person wishing to register the rights and juristic acts in connection with the apartment under this Act shall produce the apartment title deed for registration to the Competent Official

In the case of an application for a registration of a right and a juristic act in a unit, the competent official shall accept the application for the registration of such unit and the juristic act only when such unit is free from any liabilities arising from the expenses under Section 18 which, in this connection, a Letter of Certification from the condominium corporate indicating that such unit is free from the very last liabilities must be produced.

The Manager shall issue the Letter of Certification that the unit is free from any liabilities in accordance with paragraph two to the joint owner within fifteen days from the date on which the request has been received provided that the joint owner has fully made the payment of the debt arising out of the expenses in accordance with Section 18.

The provisions under paragraph two shall not apply in the case of a registration of a right and a juristic act on an ownership transfer in a unit prior to the registration of the condominium corporate.

Section 30 The provisions of the Land Code Chapter VI, Registration of Rights and Juristic Acts and Ministerial Regulations under the said Act shall apply to the registration of rights and juristic acts relevant to the apartment mutatis mutandis.

Incoming search terms:

• juristic act
• juristic laws thailand

Thailand Condominium Act

Chapter 3 of the Condominium Act spells out the location and registration of the condo unit in Thailand. It also covers how title deeds are viewed in Thailand with regards to condo units. Speak to a lawyer today about the condo market in Thailand.

CHAPTER III

Apartment Title Deed

Section 20 Upon acceptance of the registration of the condominium under Section 7, the Competent Official shall issue apartment title deed according to the plan of the condominium registered without delay.

Registration of rights and juristic acts in connection with the apartment shall not be made until the registration of juristic condominium under Section 31 except the registration of the redemption of mortgage the Competent Official had made the record of such under Section 22 or the transfer of ownership of all the apartments to a single or several persons by holding ownership collectively.

Section 21 The apartment title deed shall at least contain the following main particulars:
(1)     Position of the land and area of the land of the condominium.
(2)     Location, area and plan of the apartment showing the width, length and height.
(3)     Ratio of ownership of common property.
(4)     Name and surname of the person having the ownership of the apartment.
(5)     Index for the registration of rights and juristic acts.
(6)     Signature of the Competent Official.
(7)     Position seal of the Competent Official.

The Apartment title deed shall be made in duplicate, one copy shall be for the person having the ownership of the apartment while the other copy shall be retained at the Office of the Competent Official. With regard to the copy retained at the Office of the Competent Official, it may be a photocopy. In this case it shall be signed by the Competent Official and affixed with the official seal as well.

From, basis and methods in the issuance of apartment title deed including the substitute thereof shall be as prescribed by the Ministerial Regulations.

Section 22 In the event the immovable property under Section 15 (1) or (2) is under mortgage prior to the registration of condominium but the mortgagee had given the consent to register the condominium under Section 7, third paragraph, when issuing the apartment title deed, Competent Official shall mention the applicant to have the ownership of the apartment and record the said mortgage in every apartment title deed together with the amount of money the mortgagee will receive payments of debt from each apartment by computing the said amount of money according to ratio of the ownership in the common property in the index for registration as well.

After having issued the apartment title deed under the first paragraph, it shall be regarded that each apartment is a guarantee of debt on mortgage specifically on the specified in the said apartment title deed.

Section 23 In the case where the Competent Official has duly entered the mortgage of immovable property in the apartment title deed under Section 22; the sale of each apartment for the first time by the person applied for registration of condominium who is the owner in apartment title deed, the transferee of ownership of the apartment shall receive the transfer free of mortgage encumbrance.

Section 24 If it appears that the issuance of apartment title deed, the registration of rights and juristic act in connection with the apartment or the entry in the index for registration is inaccurate or unlawful, the Competent Official shall have the power to withdraw or make amendment, whichever the case may be.

The Competent Official shall have the power to make inquiries and call for the apartment title deed, documents registering the rights and juristic acts, document registering the entry in the index for registration or other relevant documents for consideration, but prior to the withdrawal or amendment, the Competent Official shall give notice to the persons concerned not less than fifteen days in advance for any protest. If there is no protest within thirty days from the date of receipt of the notice, it shall be regarded that there is no protest. In case the Competent Official is unable to call for the apartment title deed for action, the Competent Official shall have the power to issue a substitute of the apartment title deed.

Once the Competent Official with the power under the first paragraph having made any decision, such shall be carried out accordingly.

In the case of the final judgment or order of the Court to withdraw or make amendment in whatever manner, the Competent Official shall do so accordingly to the judgment or order of the Court.

Section 25 In the case of loss or damage of the apartment title deed in the main substance, the owner may apply for the substitute of the said apartment title deed.

Section 26 In the event of the issuance of the substitute of the apartment title deed under Section 24 or Section 25, the original apartment title deed shall be cancelled unless the Court will issue order otherwise.

Section 27 In case where the copy of the apartment title deed retained at the Office of the Competent Official is lost or damaged in the main substance, the Competent Official shall have the power to call for the copy of the owner of the apartment title deed for consideration and make a new copy with the use of original evidence.

Incoming search terms:

• thailaws index thai acts

Thailand Condominium Act

The Condo Act – Chapter 2 describes what percentage of the building foreigners can own and what percentages need to be followed. It also defines who may own property refering to foreigners as ‘aliens’. Speak to us for more information.

CHAPTER II

Ownership of Apartment

Section 12. The ownership of the apartment is indivisible.

Section 13. The owner of the apartment has the ownership in the personal property which is his own and has the joint-ownership in the common property.

Floor, partition wall of the room dividing any apartment shall be regarded as joint ownership between the said apartments and the exercising of the rights concerning the said property shall be in accordance with the regulations.

Owner of the apartment shall not do anything to his personal property which might effect the frame structure, stability, the prevention of damages to the building or others as prescribed in the Regulations.

Section 14. Ownership on the part of joint-ownership in common property shall be according to ratio of the price of each apartment and the total price of all apartments at the time of application for registration of condominium under section 6.

Section 15. The following properties shall be regarded as common property:
(1)     Land on which the condominium is situated; samuiforsale
(2)     Land provided for mutual use or benefits;
(3)     Frame structure and structures for stability and prevention and damages to the condominium;
(4)     Building or part of the building and equipment provided for mutual use or benefits;
(5)     Machines and tools provided for mutual use or benefits;
(6)     Facilities and services provided for common use to the condominium;
(7)     Other properties provided for mutual use or benefits;
(8)     Office of the condominium juristic person;
(9)     Immovable property bought or acquired under Section 48 (1);
(10)     Structures or systems built for security operations or environmental condition conservation within the condominium: such as; fire hazard preventive system, lighting, air ventilation, air-conditioning, water drainage, waste water treatment or refuse and waste disposal.
(11)     Property which the money is used in accordance with Section 18 in looking after and maintenance

Section 16. Common property which is immovable property shall neither be prosecuted for division in the enforcement of mortgage nor sold by auction separately from personal property.

Section 17/1 In the case where a space in the condominium is set aside as a place to carry out the business, the system on entering and exiting such area shall be specifically set up in order to prevent the disturbance on the peaceful enjoyment of the joint owners.

No person shall be permitted to engage in any trade transactions in the condominium except it is a trade transaction in the area of the condominium designated in accordance with paragraph one.

Section 18 Joint owners shall jointly share the payments of expenses on tax and duty in accordance with the ratio of the freehold in common property under Section 14, by each joint owner.

Joint owners shall jointly share the payments of expenses incurred as a result of providing common services as well as equipments, appliances and facilities  having for common utilizations and the expenses incurred as a result of the looking after, maintenance and operations of common property in accordance with the ratio of the freehold in common property under Section 14, by each joint owner or in accordance with the portion of the advantage upon the unit provided, however, that this shall be in accordance with the requirements set forth under the Regulations.

A person with freehold in the land and building under Section 6 shall be the joint owner of the unit which the ownership in it has not yet been transferred to any person and shall jointly share the payments of the expenses under paragraph one and paragraph two for such particular unit, as well.

Section 18/1 In the case where a joint owner fails to make payments set forth under Section 18 with the prescribed time, such joint owner shall pay surcharge at the rate not exceeding twelve percents (12%) per year of the amount unpaid without compound interest charging provided, however, that this shall be in accordance with the requirements set forth under the Bylaws.

A joint owner with an amount in arrears under Section 18 from six months and upwards shall pay surcharge at the rate not exceeding twenty percents (20%) per year and may be suspended from receiving common services or using common property as set forth under the By-laws including the non-existence of the right to vote in the General Meeting.

The surcharge under paragraph one shall be deemed as the expenses under Section 18. 

Section 19 Aliens (foreigners) and juristic persons regarded by law as aliens (foreign) may hold ownership of an apartment if the are the following:

1. Aliens permitted to have residence in the Kingdom under the Immigration law;
2. Aliens permitted to enter into the Kingdom under the investment promotion law;
3. Juristic persons as provided in Section 97 and 98 of the Land Code and registered as juristic persons under Thai law;
4. Juristic persons which are aliens under the Announcement of the National Executive Council No.281 dated November 24 (current section 4 Foreign Business Act), B.E. 2515 and have obtained promotion certificate under investment promotion law;
5. Aliens or juristic persons regarded by law as aliens who have brought in foreign currency into the Kingdom or withdraw money from Thai baht account of the person who have residence outside the Kingdom or withdraw money from a foreign currency account.

Section 19/2 (bis) Each condominium shall have aliens or corporate as indicated under Section 19 holding ownerships in the units collectively not exceeding forty-nine percents (49%) of the spaces of the whole units in such particular condominium at the time of making the registration of such condominium in accordance with Section 6.

Section 19/3 (ter) In transferring of ownership of an apartment to an alien or juristic person as specified in Section 19 shall the applicant for transfer of ownership of apartment shall notify the Competent Official of the name of the alien or juristic person as specified in Section 19 together with the proportion of space of apartments already owned by such aliens or juristic persons, and the alien or juristic person who applies for holding the ownership of apartment shall present the following evidence to the Competent Official;
(1)     For the alien as specified in Section 19 (1), evidence of being permitted to have residence in the Kingdom under Immigration Law must be presented;
(2)     For the alien as specified in Section 19, the evidence of being permitted to enter the Kingdom under investment promotion law must be presented;
(3)     For the juristic person as specified in Section 19 (3), the evidence of being registered as the juristic person under Thai law must be presented;
(4)     For the juristic person as specified in Section 19 (4), the evidence of obtaining promotion certificate under investment promotion law must be presented;
(5)     For juristic persons stipulated in Section 19 (5), they shall produce evidence of bringing in foreign currency into the Kingdom or evidence of withdrawal of money from Thai Baht account of the person who have residence outside the Kingdom or withdrawal of money from foreign currency account in the amount of not less than the price of the apartment to be purchased.

Section 19/4 (quarter) Upon the competent authority having received the documents and evidences under Section 19 ter and having examined and deemed that they are correct according to the provisions of Section 19 ter and the ratio of holding the ownership in apartment of aliens or juristic persons under Section 19, of those already held the ownership and those applying for the acceptance of transfer, not exceeding the ration prescribed in the first paragraph of Section 19 bis, or being in accordance with the second paragraph and the third paragraph of Section 19 bis, the competent authority shall proceed with the registration of rights and juristic acts concerning apartments under Chapter 4 for such aliens or juristic persons applying for the acceptance of transfer.

Section 19/5 (quinque) The alien or juristic person as provided in Section 19 shall dispose of apartment in the following cases:

1. When the alien or juristic person stipulated in Section 19 have acquired apartments by legacy in the capacity of statutory heir or inheritor under will or by other means as the case may be, and when include the apartment already held by such aliens or juristic persons stipulated in Section 19 exceeding the ratio prescribed in the first paragraph of Section 19 bis or not being in accordance with the second paragraph or the third paragraph of Section 19 bis;
2. Where the persomission to have residence in the Kingdom of the alien as specified in Section 19 is revoked, or his residence certificate is no longer valid;
3. Where the alien as specified in Section 19 (1), (2) and (5) is deported out of the Kingdom, and has not received a relaxation or is not sent to earn a living any where instead of being deported;
4. Where the alien as specified in Section 19 (4) does not receive permission from the Board of Investment to stay in the Kingdom;
5. Where the promotion certificate of the juristic person as specified in Section 19 (4) is revoked.

The alien or juristic person who is compelled to dispose of the apartment under the first paragraph shall notify in writing the Competent Official within the period of sixty days from the date the cause of such disposition occurred under the first paragraph.

For the case of (1), only the apartments exceeding the designated proportion shall be disposed; for the case of (2), (3), (4) and (5), all the apartments owned shall be disposed.

The disposition of apartments under the third paragraph shall be made within a period of not exceeding one year from the date of acquisition of ownership of such apartments, or the date of revocation of permission to have residence in the Kingdom, or the invalidation of the residence certificate or the date of being ordered deported or de the date of revocation by the Board of Investment of permission to stay in the Kingdom, or the date of revocation of promotion certificate as the case may be. If the disposition is not made within the said period, the Director-General of Land Department shall have the power to dispose of such apartment, and the provisions regarding the the compulsion of disposition of land under Chapter 3 of the Land Code and the Ministerial Regulations issued thereunder shall be applied to the disposition of such apartment mutatis mutandis.

Section 19/6 (sex) Where the authorized official issues an order to revoke the permission for aliens to have residence in the Kingdom, or where the facts appear to the official that the residence certificate of the alien is no longer valid for the alien as specified in Section 19 (1), (2) or (5) out of the Kingdom, or issues an order revoking the permission for the alien as specified in Section 19 (2) for staying in the Kingdom, or issues an order revoking promotion certificate for the juristic person as specified in Section 19 (4), as the case may be, such official shall notify the Director-General of the Land Department within sixty days from the date of issue of the order or the date of knowing such facts.

Section 19/7 (septem) An alien or juristic person regarded by law as alien other than those specified in Section 19 who acquires an apartment by inheritance as statutory heir or legatee or otherwise, as such case may be, shall notify in writing the Competent Official within a period of sixty days from the date of acquisition of ownership of apartment, and shall dispose of such apartment within a period of not exceeding one year from the date of acquisition of ownership of apartment. If disposition is not made within said period, the provisions of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis.

Section 19/8 (octo) Any person who acquired ownership of apartment while he had the Thai nationality, and subsequently loses Thai nationality due to surrender of Thai nationality, conversion of nationality or revocation of Thai nationality under national law, and is not alien as specified in Section 19, shall notify in writing the Competent Official of loss of Thai nationality and the inability to continue to hold ownership of apartment within a period of sixty days from the date of loss of Thai nationality, and shall dispose of all apartments owned by him within a period of not exceeding one year from the date of loss of Thai nationality. If disposition is not made within said period, the provisions of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis.

Section 19/9 (novem) Whoever acquires the ownership in apartments at the time he is of Thai national, if later the said person loses his Thai nationality because of forsaking Thai nationality, denaturalization or having been denaturalized of Thai nationality under the law governing nationality, and the said person is an alien as stipulated in Section 19, if wishing to continue holding the ownership thereof, shall inform the competent authority in writing of the lose of Thai nationality and shall produce evidence that he is an alien stipulated in Section 19 to the competent authority within one hundred and eighty days from the date of loss of Thai nationality. However, if the ownership in apartment of the said alien exceeding the ration prescribed in the first paragraph of Section 19 bis, or not being in accordance with second paragraph of the third paragraph of Section 19 bis, he shall dispose of the apartment that exceeds the ratio within one year from the date of loss of Thai nationality. If he does not dispose of the said apartment within the said period of time, the provisions of the forth paragraph of Section 19 quinque shall apply mutatis mutandis. supplied by www.samuiforsale.com

If the alien under the first paragraph does not wish to continue to hold ownership of apartment, he shall notify in writing the Competent Official of the loss of Thai nationality within a period of sixty days from the date of loss of Thai nationality, and shall dispose of all apartments owned by him within a period of not exceeding one year from the date of loss of Thai nationality. If disposition is not made within the said period, the provisions of the fourth paragraph of Section 19 quinque shall apply mutatis mtandis.

Section 19/10 (decem) A juristic person which had Thai nationality and holds ownership of apartment, and subsequently the nature of such juristic person changes to become that regarded by law as an alien and is not a juristic person specified in Section 19, shall notify in writing the Competent Official of change of its nature and the inability to continue to hold ownership of apartment within a period of sixty days from the date of such change and shall dispose of all the apartments owned by it within a period of not exceeding one year from the date of such change. If disposition is not made within the said period, the provisions of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis.

Section 19/11 (undecim) For jutistic persons which is of Thai nationality and holds ownership of apartment, and subsequently the nature of such juristic person changes to become that regarded by law as an alien and may hold ownership of apartment as it is a juristic person as specified in Section 19, if it wishes to continue to hold ownership of apartment, it shall notify in writing the Competent Official of change of its nature shall submit evidences showing that it is an alien as specified in Section 19 to the Competent Official within one hundred and eighty days from the date of change. But if the ownership of apartments of such juristic person exceeds the proportion specified in Section 19 bis, it shall dispose of the apartments in excess of the proportion prescribed within a period of not exceeding one year from the date of such change. If disposition is not made within the said period, the provisions of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis.

If the juristic person under the first paragraph doe not wish to continue to hold ownership of apartment, it shall notify in writing the Competent Official of change of its nature within a period of sixty days from the date of such change and shall dispose of all apartment owned by it within a period of not exceeding one year from the date of such change. If disposition is not made within the said period, the provisions of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis.

Incoming search terms:

• air ventilation regulations for condominium in thailand
• common property waste water treatment
• disadvantage of losing thai nationality
• Thailand built-in condominium ratio
• thailand condo joint ownership
• thailand condominium act common areas

Thailand Condominium Act

The first chapter of the Thailand Condominium Act of Thailand explains what a condo unit is and how the unit has to be registered in Thailand to be a condo and who may accept the application for the unit in Thailand.

Registration of Condominium

Section 6. Any owner of land and building wishing to register the said land and building as condominium under this act shall file application for registration of condominium with the Competent Official together with:
(1)     Land title deed,
(2)     Plan Condominium, including entrances and exits to the public road
(3)     Details concerning the apartment, personal property and common property, such as; spaces, nature on the utilizations and other interests as set forth by the Minister,
(4)     Ratio of each owner of the apartment has the ownership in the common property under Section 14,
(5)     Certificate of the applicant verifying that the building applied for registration as a condominium is free from any encimbrances and not under mortgage except the mortgage of the building with the land, and
(6)     Draft of the regulations of the condominium juristc person
(7)     Other evidences as prescribed in the Ministerial Regulations.

Section 6/1 In the case of a person having freehold ownership in the land and building in accordance with Section 6 has made the advertisements to sell the units in the condominium, such person must keep in his office copies of the advertising contents or pictures or letters of induction advertised to the general public regardless of in whichever the forms until all units are sold out and, in addition, at least, one set of copies of such documents must be forwarded to the condominium corporate for retention, as well.

Regarding the advertisements on the sales of the units in the condominium on the part relating to the evidences and details set forth under Section 6, the advertising contents and pictures must be identically corresponding to the evidences and details submitted along with the application for registration and must clearly indicate the details relating to common properties apart from being provided under Section 15.

The advertising contents and pictures or letters of induction shall be deemed to be an integral part of the Agreement to Sell a Unit or the Contract of Sale of a Unit, as the case may be. Should the meaning of any contents or pictures be contradictory to or inconsistent with the contents in the Agreement to Sell a Unit or the Contract of Sale of a Unit, the construction thereon shall be made in a manner advantageous to the party to buy or the party buying the unit.

Section 6/2 An Agreement to Sell a Unit or a Contract of Sale of a Unit  between the person with freehold in the land and building under Section 6 and the party to buy or the party buying the unit shall be made in accordance with the form of the Agreement or Contract set forth by the Minister.

Any part of an Agreement to Sell a Unit or a Contract of Sale of a Unit under paragraph one which is not executed in accordance with the form of the Agreement or Contract set forth by the Minister and is not advantageous to the party to buy the unit or the party buying the unit, such part shall not be enforceable.

Section 7. Upon the Competent Official having received the application for registration of condominium under Section 6, should there be name of the mortgage creditor or the creditor with preferential right over the said land and building applied for registration in the land title deed, the Competent Official shall publish the said application while in the meantime send written notice to the said creditor to appear to the Competent Official together with evidence within thirty days from the date of receipt of the said written notice.

Upon the Competent Official having considered that the land is free from any binding obligations or in the case the land is under mortgage but the mortgagee has given consent to register as condominium, the official shall accept the application.

In the case where the building is under mortgage which does not include the land, it is prohibited to accept the registration of the condominium. In this case the official shall notify without delay the application of the reasons denying the application.

In the case the registration is accepted, the Competent Official shall publish the registration of Condominium in the Government Gazette.

Section 8. The application for registration under Section 7 shall be subject to the procedure under this Act.

Section 9. Upon the Competent Official having accepted the registration of the condominium, the Competent Official shall forward the land title deed filed under Section 6 to the Competent Land official where the Condominium is situated within fifteen days for entry in the index for registration of the land title deed that the said land is subject to the provisions of this Act and retain the said title deed.

In case the land is under mortgage but the mortgagee has given consent to register the condominium, the Competent Official shall make the memorandum of the consent of the mortagee under Section 7, third paragraph, and the amount the mortgagee will receive settlement of debt from each apartment under Section 22 as well.

Section 10. Upon registration of condominium and the Competent Official has duly made the memorandum in the land title deed under section 9, it is prohibited to register the rights and juristic acts concerning the said land any further unless in the case provided in this Act and it is prohibited to apply for registration of the said Condominium creating obligations to the said condominium.

Section 11. In the event the Competent Official having issued an order refusing the registration of the condominium, the applicant has the right to lodge an appeal in writing to the Minister within thirty days from the date of the knowledge of the order.

The minister shall give the determination within sixty days from the date of receipt of the appeal, the determination of the Minister is final.

Incoming search terms:

• Chapter1 condo
• cheapter one condo thailand
• thailand building act article 6

Thailand Condominium Act

The Thai Condominium Act was updated in 2008. This is a very important Act  if you are interested in buying a condo unit in Thailand. Speak to our property lawyers about buying a condo in Thailand. The Condo Act defines a condo unit and how the laws of Thailand govern the units in Thailand.

BHUMIBOL ADULYADEJ REX.
Enacted on the 21st day of April 2522
Being the 34th year of Present Reign

————–

His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:

Whereas it is deemed expedient to have a law on Condominiums:

Be it, therefore, enacted by H.M. the King, by and with the advice and consent of the National Legislative Assembly, in the capacity of the Parliament, as follows

Section 1. This Act shall be called Condominium Act B.E. 2522: copyrights www.samuiforsale.com

Section 2. This Act shall come in to force after the lapse of one hundred eighty days from the date of this publication in the Government Gazette.

Section 3. All other laws, rules or regulations on the part provided herein or are inconsistent with the provisions of this Act are hereby superseded by this Act.

Section 4. This Act.

Section 5. The Minister of Interior shall have charge and control of the execution of this Act and shall have the power to appoint Competent Official, issue Ministerial Regulations, fixes fees and expenses not exceeding the rates annexed hereto and prescribes other businesses for the carrying out of this Act

Such Ministerial Regulations shall become effective upon their publication in the government Gazette.

Incoming search terms:

• www samuifor sale
• samuiforsale com
• condominium act of thailand
• laws in thailand
• committee of condominium
• thai condominium act
• thailand condominium act
• update condominium act
• This Act shall be called Condominium Act B E 2522:
• thailand condomium act committee members

Foreign Business Act in Thailand

The Foreign Business Act Thailand (FBA) defines the laws which governs businesses in Thailand by foreigners. Some provisions relating to the restriction of the rights and liberty of individuals but by implication of Section 29 in conjunction with Section 35 and Section 50 of the Constitution of the Kingdom of Thailand. Speak to a lweyer in Thailand about the FBA and your business as Thailand still has the Treaty of Amity for American citizens.

.

.

By and with the advice and concurrence of the Parliament, His Majesty the King graciously ordered the enactment of this Act as follows:

.
Section 1. This Act shall be called the “Foreign Business Act 1999″.

.
Section 2. This Act shall come into force immediately after the lapse of the 90 day period that commences on the date of its publication in the Government Gazette.

.
Section 3. The following shall be repealed:
(1) Announcement No. 281 of the National Executive Council dated November 24, 1972.
(2) The Act of 1978 amending Announcement No. 281 of the National Executive Council dated November 24, 1972.
(3) Act No. 2 of 1992 amending Announcement No. 281 of the National Executive Council dated November 24, 1972.

.
Section 4. In this Act: “Foreigner” means
(1) Natural person not of Thai nationality.
(2) Juristic person not registered in Thailand.
(3) Juristic person registered in Thailand having the follow-ing characteristics:
(a) Having half or more of the juristic person’s capital shares held by persons under (1) or
(2) or a juristic person having the persons under (1) or (2) investing with a value of half or more of the total capital of the juristic person.
(b) Limited partnership or registered ordinary partner-ship having the person under (1) as the managing partner or manager
(4) Juristic person registered in Thailand having half or more of its capital shares held by the person under (1), (2) or (3) or a juristic person having the persons under (1), (2) or (3) investing with the
value of half or more of its total capital.

.
For the purpose of the definitions, the shares of a limited company represented by share certificates that are issued to bearers shall be deemed as the shares of aliens unless otherwise provided by ministerial regulations.

.
“Capital” means the registered capital of a limited company or paid-up capital of a public limited company or the money invested in a partnership or juristic person by its partners or its members.
“Minimum Capital” means the capital of the foreigners in the case where the foreigners are juristic persons registered in Thailand and, in the case where the foreigners are juristic persons not registered in Thailand or natural persons, it shall mean the foreign currencies that the foreigners bring in and use at the commencement of the business operation in Thailand.
“Business” means the business operation in agriculture, industry, handicraft, commerce, service or other dealings for business purpose.
“License” means a business operation license.
“Licensee” means a foreigner who has obtained the License.
“Certificate” means a business operation certificate.
“Certificate Grantee” means a foreigner who has obtained the Certificate.
“Committee” means the Foreign Business Committee.
“Competent Official” means a person appointed by the Minister to undertake actions in compliance with this Act.
“Registrar” means a person appointed by the Minister as a foreign business registrar.
“Director-General” means the Director-General of Commercial Registration Department.
“Minister” means the Minister in charge of this Act.

.
Section 5. In permitting the foreigners to operate the businesses under this Act, the advantages and disadvantages to the nation’s safety and security, economic and social development, public order or good moral, art, culture and tradition of the country, natural resource conservation, energy and environment, consumer protection, size of the enterprises, employment, technology transfer, and research and development shall be taken into account.

.
Section 6. The following foreigners shall be prohibited from operating any business in Thailand:

.
(1) Foreigners deported or pending deportation.
(2) Foreigners staying in Thailand without permission under the law governing immigrants or other laws.

.
Section 7. The following foreigners may operate businesses upon obtaining a License from the Director-General and may operate only certain businesses and in the locality announced with the approval of the Cabinet by the Minister in the Government Gazette. The Minister may prescribe any condition deemed expedient in the notification

.
(1) Foreigners born in Thailand but not granted Thai nationality under the law governing nationality or other laws
(2) A person who becomes a foreigner as a consequence of his nationality being revoked under the law governing nationality or other laws.

.
The application for a License, the issuance of the license and the period of permission shall be in accordance with the rules and procedures prescribed in the ministerial regulations. In the case where the Director-General does not permit a foreigner under paragraph one to operate the business, the foreigner shall be entitled to lodge an appeal with the Minister and the provisions of paragraphs one and three of section 20 shall be applicable mutatis mutandis.

.
Section 8. Subject to Section 6, Section 7 Section 10, and Section 12
(1) Foreigners shall be prohibited from operating the business not permitted to them with special reasons as described in List One.
(2) Foreigners shall be prohibited from operating any business concerning national safety and security, business affecting art and culture, tradition and folk handicraft or the business affecting natural resources or environment as prescribed in List Two unless permitted by the Minister with the approval of the Cabinet.
(3) Foreigners shall be prohibited from operating the businesses prescribed in List Three in which Thai nationals are not ready to compete unless permitted by the Director-General with the approval of the Committee

.
Section 9. Amendments or changes of the business categories under the Lists attached hereto shall be made by a royal decree except for the businesses under List Two, Group 1, in which case the amendments or changes shall be made by an act of parliament. The Committee shall review the business categories under the Lists attached hereto at least once every one-year period from the date this Act comes into force and shall submit its opinion to the Cabinet. The foreigners who has operated the business not prescribed in List Two or List Three prior to the amendments or changes of business category under paragraph one and later on that business requires permission under this Act and the foreigners wish to continue operating that business shall notify the Director-General in order to obtain a Certificate in accordance with the rules and procedure described in Section 11.

.
During the period prescribed in paragraph three and while the Certificate has not been obtained, the foreigners shall not be deemed as non-licensed business operators under this Act.

.
Section 10. The provisions of Section 5, Section 8, Section 15, Section 17, and Section 18 shall not be applicable to the foreigners operating the business that are classified in the Lists attached hereto with a temporary permission from the Government of the Kingdom of Thailand. The foreigners operating the business classified in the attached Lists under a treaty to which Thailand is a party or is obligated to abide by it shall be exempt from the application of the Sections stated in paragraph one and shall comply with the provisions of the treaty which may in return include the entitlement of the Thai nationals and Thai enterprises to operate the businesses in the country of the foreigners.

.
Section 11. The foreigners qualified under Section 10 wishing to operate the business under the attached Lists shall notify the Director-General under the rules and procedures prescribed in the ministerial regulations in order to obtain a Certificate. The Director-General shall issue the Certificates to the foreigners rapidly but shall not exceed 30 days from the date on which the written notification is filed, unless the Director-General is of the opinion that the notification does not comply with the rules and procedures prescribed in the ministerial regulations or is not in accordance with Section 10. The Director-General shall in that case promptly notify the foreigners within 30 days of the date on which the written notification is filed. The Certificates shall also specify the conditions prescribed by the Government or the treaty.

.
Section 12. In the case where the business of a foreigner that is promoted under the investment promotion law or permitted in writing to operate the industry or trade for export under the law governing the Industrial Estate Authority of Thailand or other laws are classified in List Two or List Three attached hereto, the foreigner shall notify the Director-General in order to obtain a Certificate. After the Director-General or his assigned Competent Official has examined the validity of the investment promotion certificate or the permit, the Director-General shall issue the Certificate rapidly but shall not exceed 30 days from the date on which he is notified of the acquisition of the investment promotion certificate or the permit as the case may be. In such case, the foreigner shall be exempted from the implication of this Act, except for Section 21, Section 22, Section 39, Section 40, and Section 42, throughout the period that the business is investment promoted or permitted for the export industry or trade operation as the case may be.

.
The issuance of the Certificate under paragraph one shall be in accordance with the rules and procedures prescribed by the Director-General.

.
Section 13. In the case where the provisions of other laws regulate shareholding, foreigners’ partnership or investment, permission or prohibition for the foreigners in operating certain businesses or prescribe rules on the foreigner’s business operation, the laws shall prevail and the provisions of this Act shall not be applicable to the areas that the other laws specifically govern.

.
Section 14. The minimum capital used at the commencement of the business operation shall not be less than that prescribed by ministerial regulations and shall in no case be less than two million Baht. In the case where the businesses in the preceding paragraph require the license under the Lists attached hereto, the minimum capital to be prescribed in the ministerial regulations for each of the businesses shall in no case be less than three million Baht.

.

Ministerial regulations issued by virtue of this Section may also prescribe the time for the minimum capital to be brought or remitted into Thailand The provisions of this Section shall not apply in the events where the foreigners make the invest with the money or property derived from the business operation that has previously been in operation in Thailand in another business or use them as a share or an investment in other enterprises or juristic persons.

.
Section 15. The foreigners may operate the business under List Two only if Thai nationals or juristic persons that are not foreigners under this Act hold the shares of not less than 40% of the capital of that foreign juristic persons. Unless there is a reasonable cause, the Minister with the approval of the Cabinet may reduce the proportion requirement but it shall not be less than 25 percent and the number of Thai directors shall not be less than two-fifths of the total number of directors.

.
Section 16. Foreigners applying for a license shall have the following qualification and shall not have the prohibited characteristics below:

.
(1) Being not younger than 20 years old.
(2) Having residency or being permitted to temporarily enter into Thailand under the immigration law.
(3) Being neither incompetent nor quasi-incompetent.
(4) Not being a bankrupt.
(5) Never having been punished by a court judgement or fined for an offense under this Act or Announcement No. 281 of the National Executive Council No dated November 24, 1972 unless they have been released at least five years prior to the date of the license application
(6) Never having been imprisoned for fraudulent acts, debtor cheating, embezzlement, offenses connected with trade under the Criminal Code or for offenses relating to fraudulent loans to the public or for offenses under the immigration law unless they have been released at least five years prior to the date of application.
(7) Never having a license issued under this Act or under Notification No. 281 of the National Executive Commercial dated November 24, 1972 revoked during the five-year period prior to the date of the license application.

.
In case of the juristic person being the license applicant, the Foreign directors, managers or the persons responsible for the operation of the juristic person shall also have the qualifications and shall not have the prohibited characteristics referred to in paragraph one.

.
Section 17. In applying for the permission to operate the business, the foreigners shall submit the applications to the Minister or Director-General in accordance with the rules and procedures prescribed in the ministerial regulations. The Cabinet, in case of the business under List Two, or the Director-General, in case of the business under List Three, shall approve or give permission, as the case may be, within 60 days of the date of the application. In the case where there is a cause for the Cabinet to be unable to give the approval within the period, it shall be extended as necessary but shall not exceed 60 days from the lapse of the period. When the Cabinet has given the approval or when the Director-General has given the permission under paragraph one, the Minister or the Director-General shall issue the license within 15 days of the date of the Cabinet’s approval or the date of the Director-General’s permission.

.
In giving the approval, the Minister may prescribe the conditions as stipulated by the Cabinet or described in the ministerial regulations issued under Section 18 in case of businesses under List Two or the Director-General may prescribe the conditions as stipulated in the ministerial regulations issued under Section 18 for the case of businesses under List Three.

.
If the Cabinet does not permit the foreigners to operate the businesses under List Two, the Minister shall notify the foreigners of the decision in writing within 30 days and the reasons for the disapproval shall be clearly indicated

.

If the Director-General does not permit the foreigners to operate the businesses under List Three, the Director-General shall notify the foreigners of the decision in writing within 15 days and of the reasons
for the disapproval shall be expressly indicated. The foreigners are entitled to lodge an appeal with the Minister and the provisions of Section 20 shall apply mutatis mutandis.

.
Section 18. The Minister with the advice of the Committee is empowered to issue the ministerial regulations prescribing any of the following conditions for the foreign licensees to comply with;

.
(1) The ratio of the capital and loans to be used in the permitted business.
(2) Number of foreign directors who must have domicile in the Kingdom.
(3) Number and period for keeping the minimum capital in country.
(4) Technology or assets.
(5) Other necessary conditions.

.
Section 19. If it turns out that any licensee or certificate grantee:
(1) violates the conditions prescribed by the Minister under paragraph one of Section 7;
(2) does not comply with the conditions prescribed in paragraph two of Section 11 or paragraph three of Section 17;
(3) violates Section 15;
(4) lacks the qualifications or has the prohibited characteristics under Section 16; or
(5) commits the offenses under Section 35.

.

Then in the cases under (1), (2), and (3), the Director–General shall give a written notification to the licensee or the certificate grantee instructing them to comply with the conditions under paragraph one of Section 7, paragraph two of Section 11 or paragraph three of Section 17 or correctly comply with Section 15, as the case may be, within the period that he deems appropriate. If the licensee or certificate grantee does not comply with the instruction as notified by the Director-General in writing without any appropriate reason, the Director-General shall be empowered to temporarily suspend the license or business operation for a suitable period but it must not exceed 60 days from the date of instruction. At the expiry of the periods, if the foreigner has not yet made a complete correction, the Director–General shall consider revoking the license or certificate or make a recommendation to the Minister to consider revoking the license as the case may be.

.
In the case of (4) and (5), the Director-General shall consider revoking the license or make a recommendation to the Minister to consider revoking the license as the case may be.

.
Section 20. If the Director-General temporarily suspends the license or the business operation or revokes the license or certificate under paragraph two of Section 19, the licensee or the certificate grantee shall be entitled to lodge an appeal in writing with the Minister within 30 days of the date on which it receives the instruction.

.
The appeal will not stay the enforcement of the Director–General’s instruction unless otherwise order by the Minister with the advice of the Committee. The Minister shall make a decision on the appeal within 30 days of the date on which the appeal is submitted. The decision of the Minister shall be final.

.
Section 21. Subject to Section 7, Section 19, and Section 20, the license shall be indefinitely valid until the licensee stops doing the permitted business. The certificate shall be valid for a period permitted by the Thai Government or as prescribed by the treaty for such business operation or throughout the period for which such business is investment promoted or the export industry or trade is allowed to be operated as the case may be except where the certificate grantee stops the permitted business operation prior to the expiry of the period, the certificate shall be valid until then.

.
The licensee or certificate grantee shall display the license or certificate at an overt place in his business premises. If the license or the certificate is damaged or lost, an application for a substitute shall be made to the registrar within 15 days of the date on which the defect or loss is known.

.
The application and issuance of the substitute license or certificate shall be in accordance with the forms and procedures prescribed by the Minister but the period for issuing the substitute shall not exceed 30 days from the date on which the application if received. The substitute shall be deemed the document substituting the license or certificate until a new license or certificate is obtained.

.
Section 22. If the license or the certificate grantee stops the business operation or relocates the office or place of business, a notification on the stoppage shall be filed with the registrar within 15 days of the stoppage date or relocation date in accordance with the forms and procedures prescribed in the ministerial regulations.

.
Section 23. There shall be a Foreign Business Committee consisting of the Permanent Secretary of the Ministry of Commerce as the Chairperson, Secretary General of the National Economic and Social Development Board, Secretary General of the Board of Investment, Representative of the Ministry of Defense, Representative of the Ministry of Finance, Representative of the Ministry of Foreign Affairs,
Representative of the Ministry of Agriculture and Co-operative, Representative of the Ministry of Transport and Communications, Representative of the Ministry of Interior, Representative of the
Ministry of Labour and Social Welfare, Representative of the Ministry of Science, Technology and Environment, Representative of the Ministry of Industry, Represen-tative of the Ministry of Education, Representative of the Ministry of Public Health, Representative of the Law Society of Thailand, Representative of the Office of the Consumer Protection Board, Representative of the Royal Thai Police, Representative of the Thai Chamber of Commerce, Representative of the Federation of Thai Industries, Representative of the Thai Bankers Association and no more than 5 learned persons as appointed by the Minister as the Committee Members and the Director-General of the Commercial

.
Registration Department shall be the Committee Member and Secretary. The learned persons shall have the knowledge and expertise in economics, law, commerce, science, technology, environment, trade, investment, business administration, or industry and shall not be advisors to political parties or have any political position In the case where the representatives in Paragraph one are the representatives of government units, they shall have the positions that, in ranking, are not lower than Director-General position or equivalent thereof. And, in the case where they are the representatives of the Thai Chamber of Commerce, the Federation of Thai Industries, the Thai Bankers Association, they shall have the position ranking of not lower than a director of the Chamber, Federation or Association.

.
Section 24. The learned committee members shall have the tenure of two years. In the case where a committee member vacates the office prior to the expiry of his term or in the case where the Minister appoints additional committee members while the appointed committee members still have the tenure, the substitute committee members or the additional committee members shall retain their office during such time only as the appointed committee members are entitled to retain the office.

.
The learned committee members leaving the office shall be eligible for reappointment but they may not retain the office for two successive terms. Section 25. Apart from leaving the office under Section 24, the learned committee members shall leave the office upon;

.
(1) Death;
(2)Resignation;
(3) Being removed by the Minister due to disgraceful conduct, malfeasance, breaching his duty or being deficient in abilities;
(4) Being declared bankrupt;
(5) Being incompetent or quasi-incompetent;
(6) Being imprisoned by a final judgment except for offenses negligently committed or for misdemeanor offenses; or
(7) Lacking the qualification under paragraph two of Section 23. Section 26. The Committee has the authority as prescribed in this Act and shall have the following duties:
(1) Advising, recommending or giving opinions to the Minister on the enactment of royal decrees and issuance of ministerial regulations under this Act or the prescription of business category and business operation locality of the aliens under Section 7 or the application for the Cabinet’s approval under Section 8.
(2) Studying, compiling, and preparing reports on the alien business operation in Thailand including the impacts and appropriateness thereof, for presentations to the Minister from time to time but it
shall not be less than once a year.
(3) Advising, recommending or giving opinions to the Minister on other matters as he may assign.

.
Section 27. In holding the meetings of the Committee, at least one half of the total number of Committee members shall be present in order to constitute a quorum. If the Chairperson is not present or is unable to perform the duty, the Committee members attending the meeting shall elect one Committee member to preside over the meeting.

.
The decision of the meeting shall be taken by majority vote. One Committee member shall have one vote. In case of equality of the votes, the Chairperson of the meeting shall be entitled to a casting vote.

.
Section 28. The Committee shall be entitled to appoint subcommittees to consider or undertake any task assigned by the Committee and Section 27 shall apply to the meetings of the subcommittees mutatis mutandis.

.
Section 29. The Commercial Registration Department, Ministry of Commerce, shall act as the Secretary Office of the Committee and shall have the following authority;

.
(1) Performing work in accordance with the resolutions of the Committee or as assigned by the Committee;
(2) Presenting opinions to the Committee regarding the foreign business operation in Thailand for the benefit of the study, information compilation, and preparation of reports to the Minister; and
(3) Performing general administrative work of the Committee. Section 30. The Registrars and the Competent Officials shall have the authority:
(1) To inquire in writing or summon any person for explanation of any facts, including submissions of documents or evidence necessary for verification of the facts;
(2) To enter the place where the foreigners operate the business during business hours to inspect and ensure the compliance with this Act provided an approval in writing must first be obtained from the Director-General except in case of utmost emergency. In performing the duty, they shall have the authority to inquire the facts or demand and documents or evidence necessary for the examination of the facts from the persons staying in the said place.

.
In performing the duty under (2), the proprietor or the possessor of the place shall reasonably assist the registrars and the competent officials. In this regard, the registrars and the competent officials shall not act in a threatening manner or in a searching manner under the Criminal Procedure Code and shall give a notice in writing to the proprietor or the possessor of the place not less than three days in advance, except in case of utmost emergency and, upon the completion of the duty, a written report of the result shall promptly be made to the Minister.

.
Section 31. If any person requests an examination or copy of the documents or requests the registrars to make copies or photocopies together with a certification thereof or requests the registrars to certify the statements kept by the registrar, the registrar shall rapidly grant a permission, except where the documents by its nature are prohibited by law governing official information or other laws from being disclosed. The applicant shall pay the fees as prescribed in the ministerial regulations.

.
Section 32. The competent officials must have identity cards in accordance with the form prescribed in the ministerial regulations. In carrying out the duty, the competent officials must present the identity cards to the persons concerned.

.
Section 33. In carrying out the duty under this Act, the Committee members, the Director-General, the registrars, the competent officials, and the persons carrying out the duty jointly with the competent officials shall be the competent officials under the Criminal Code.

.
Section 34. Any foreigner granted with the license or certificate whose license being suspended or revoked or being ordered to stop the licensed business operation and having lost the right to appeal or
being ordered by the Minister with a final decision to suspend or revoke the license or to stop the business operation still carries on the business operation shall be punishable with an imprisonment of not exceeding three years or a fine from 100,000 Baht to 1,000,000 Baht or both, and also a fine of 10,000 Baht per day throughout the period of violation.

.
Section 35. Any foreigner, being granted the license to operate any business under this Act, takes part in a business owned by other foreigners not permitted to operate the business under this Act or operated the business jointly owned by such other foreigners by showing that he is the sole owner of the business in order for such other foreigners to avoid or violate the provisions of this Act, shall be punished with an imprisonment of not exceeding three years or a fine from 100,000 Baht to 1,000,000 Baht or both and the Court shall order the dissolution of such joint business or business operation. Any violation of the Court’s order, it is punishable with a fine of 10,000 Baht to 50,000 Baht per day throughout the period of violation.

.
Section 36. Any Thai national or juristic person that is not a foreigner under this Act, aiding or abetting or taking part in the business operation of the foreigners whose business falls under the Lists attached hereto and the aliens are not permitted to operate the business or taking part in the business operation of the foreigner by showing that he or it is the sole owner of the business or holding shares on behalf of the foreigners in any partnership or limited company or juristic person in order for the foreigners to operate the business in avoidance of or violation to the provisions of this Act, including the foreigners allowing Thai nationals or juristic persons that are not foreigners under this Act to do so, shall be punished with an imprisonment of not exceeding three years or a fine from 100,000 Baht to 1,000,000 Baht or both and the Court shall order a stoppage of the aiding or abetting or order a stoppage of the joint business operation or order a stoppage of share holding or a cessation of the partnership as the case may be. Violators of the Court’s order shall be subject to a punishment with a fine of 10,000 Baht to 50,000 Baht per day throughout the period of violation.

.
Section 37. Any foreigner who operates a business in violation of Section 6, Section 7, and Section 8 shall be punishable with an imprisonment of not exceeding three years or a fine from 100,000 Baht to 1,000,000 Baht or both and the Court shall order a stoppage of the business operation or the dissolution of the business or order a cessation of the shareholding or partnership as the case may be. Violator of the Court’s order shall be subject to punishment with a fine of 10,000 Baht to 50,000 Baht per day throughout the period of violation.

.
Section 38. Any foreigner who operates the business in violation of Section 14 or in violation of the conditions under Section 18 (3) shall be subject to a punishment with a fine from 100,000 Baht to 1,000,000 Baht and a fine of 10,000 Baht to 50,000 Baht per day throughout the period of violation.

.
Section 39. Any licensee or certificate grantee not complying with paragraph two or paragraph three of Section 21 shall be subject to a punishment with a fine of not exceeding 5,000 Baht.

.
Section 40. Any person, not complying with the inquiry letters or summons of the registrars or competent officials or not giving facts or not submitting documents or evidence upon being inquired or summoned for examination by the registrars or competent officials or not assisting the registrars or competent officials under Section 30 without due reasons or violating Section 22 shall be subject to a punishment with a fine of not exceeding 5,000 Baht.

.
Section 41. In the case where the juristic person commits the offense under Section 35, Section 36, and Section 37, the directors, partners or persons authorized to act on behalf of juristic person collaborate with such offense or do not reasonably manage to prevent such offense shall be subject to an imprisonment of not exceeding three years or a fine from 100,000 Baht to 1,000,000 Baht or both.

.
Section 42. In case of the offenses under Section 39 and Section 40, the Director-General or the persons assigned by the Director-General shall be empowered to settle the case by fining. Upon the accused having paid the fine in accordance with the amount settled by the Director-General or his assignees within 30 days of the date of settlement, such case shall be settled.

.
Section 43. All royal decrees, ministerial regulations, notifications, and orders being in force on the date this Act becomes effective shall still be in effect to the extent that they are not conflicting with or are contradictory to the provisions of this Act until the royal decrees, ministerial regulations, notifications, and orders issued under this Act are in effect.

.
Section 44. The foreigners, being granted with the rights or permitted to operate the business under Announcement No. 281 of the National Executive Council dated November 24, 1972 prior to this Act coming into force, shall be entitled or permitted to continue the operation of the business in accordance with the conditions and periods stated in the granted rights or permits.

.
Section 45. Foreigners who have been operating the businesses prescribed in the Lists attached hereto on the date on which this Act comes into force and the businesses did not fall within any of lists attached to Notification No. 281 of the National Executive Council dated November 24, 1972 and wish to continue operating the businesses shall notify the Director-General in order to obtain a certificate in accordance with the rules and procedures described in Section 11 within one year of the date on which this Act comes into force. While the foreigners have not obtained the certificates, they shall not be treated as foreigners who operate the businesses without permission under this Act.

.
Section 46. The Minister of Commerce shall be in charge and control of this Act and shall be empowered to appoint the registrars and competent officials and to issue the ministerial regulations prescribing the fees within the limits of the rates attached hereto as well as to give fee exemption and to designate other business to implement this Act.
The ministerial regulations shall come into force following publication in the Government Gazette.

.
Countersigned:
Chuan Leekpai
Prime Minister

.
LIST ONE
The businesses not permitted for aliens to operate due to special reasons:

.
(1) Newspaper business, radio broadcasting or television station business
(2) Rice farming, farming or gardening.
(3) Animal farming
(4) Forestry and wood fabrication from natural forest
(5) Fishery for marine animals in Thai waters and within Thailand specific economic zones.
(6) Extraction of Thai herbs.
(7) Trading and auctioning Thai antiques or national historical objects.
(8) Making or casting Buddha images and monk alms bowls.
(9) Land trading

.
LIST TWO
The businesses related to the national safety or security or affecting arts and culture, tradition, folk handicraft or natural resource and environment.

.
Group 1: The businesses related to the national safety or security

.
(1) Production, selling, repairing and maintenance of:
(a) firearms, ammunition, gun powder, explosives.
(b) Accessories of firearms, ammunition, and explosive
(c) Armaments, ships, air-crafts or military vehicles.
(d) Equipment or components, all categories of war materials.
(2) Domestic land, waterway or air transportation, including domestic airline business.

.
Group 2 : The businesses affecting arts and culture, traditional and folk handicraft:

.
(1) Trading antiques or art objects being Thai arts and handicraft.
(2) Production of carved wood.
(3) Silkworm farming, production of Thai silk yarn, weaving Thai silk or Thai silk pattern printing.
(4) Production of Thai musical instruments.
(5) Production of goldware, silverware, nielloware, bronzeware or lacquerware.
(6) Production of crockery of Thai arts and culture.

.
Group 3: The businesses affecting natural resources or environment:

.
(1) Manufacturing sugar from sugarcane;
(2) Salt farming, including underground salt;
(3) Rock salt mining;
(4) Mining, including rock blasting or crushing;
(5) Wood fabrication for furniture and utensil productio

.
LIST THREE
The business which Thai national are not yet ready to complete with foreigners:

.
(1) Rice milling and flour production from rice and farm produce
(2) Fishery, specifically marine animal culture.
(3) Forestry from forestation.
(4) Production of plywood, veneer board, chipboard or hardboard.
(5) Production of lime.
(6) Accounting service business.
(7) Legal service business.
(8) Architecture service business.
(9) Engineering service business.
(10) Construction, except for:
(a) Construction rendering basic services to the public in public utilities or transport requiring special tools, machinery, technology or construction expertise having the foreigners’ minimum capital of 500 million Baht or more.
(b) Other categories of construction as prescribed by the ministerial regulations.
(11) Broker or agent business, except:
(a) Being broken or agent for underwriting securities or services connected with future trading of commodities of financing instruments or securities.
(b) Being broker or agent for trading or procuring goods or services necessary for production or rendering services amongst affiliated enterprises.
(c) Being broker or agent for trading, purchasing or distributing or seeking both domestic and foreign markets for selling domestically manufactured or imported goods in the manner of international business operations having the foreigners’ minimum capital 100 million Baht or more.
(d) Being broker or agent of other category as prescribed by the ministerial regulations.
(12) Auction, except:
(a) Auction in the manner of international bidding not being the auction of antiques, historical artifacts or art objects which are Thai works of arts, handicraft or antiques or having the historical value.
(b) Other categories of auction as prescribed by the ministerial regulations.
(13) Internal trade connected with native products or produce not yet prohibited by law.
(14) Retailing all categories of goods having the total minimum capital less than 100 million Baht or having the minimum capital of each shop less than 20 million Baht.
(15) Wholesaling all categories of goods having minimum capital of each shop less than million Bath.
(16) Advertising business.
(17) Hotel business, except for hotel management service
(18) Guided tour.
(19) Selling food or beverages.
(20) Plan cultivation and propagation business.
(21) Other categories of service business except that prescribed in the ministerial regulations.

.

.

Incoming search terms:

• business
• business images
• business pictures
• business picture
• business image
• business pics
• business photos
• foreign business
• photo business
• busines

Penalty

The final chapter of the Immigration Act is the penalities and it is also one of the longest text in the Immigration Act. Before you assume that you understand the penalties speak to a lawyer in Thailand for further advice and assistance with regards to Immigration Law in Thailand.

.

.

Section 61 : Whoever fails to comply with the written order under Section 10 shall be punished by a fine not exceeding 5,000 Baht.

.
Section 62 : Whoever fails to comply with the provisions of Section 11 or Para.2 of Section 18 shall be punished by imprisonment not exceeding two years and a fine not exceeding 20,000 Baht. If the person committing an offense under Para.1, holds Thai citizenship he will be punished by a fine not exceeding 20,000 Baht.

.
Section 63 : Whoever brings or takes an alien into the Kingdom or does anything which helps, assists, or facilitates an alien in making and entry into the Kingdom in contravention of this Act, shall be punished by imprisonment not exceeding 10 years and a fine not exceeding 100,000 Baht.

.
When any owner or person in charge of a conveyance who fails to comply with the provision of Section 23, and the conveyance carried the aliens entering into the Kingdom in contravention of this Act, it is first presumed that the owner or person in charge of the conveyance has committed an offense under Para.1 of this Section unless it can be proved that the owner or person in charge was unable to know of the presence of said aliens in the conveyance, even though proper caution was exercised.

.
Section 64 : Whoever know of any alien entering into the Kingdom in contravention of this Act, and harbours, hides or in any manner assists said alien to evade arrest, shall be punished by imprisonment not exceeding 5 years and a fine not exceeding 50,000 Baht. Whoever allows an alien entering into the Kingdom in contravention of this Act, to stay with him, it is first presumed that said person is aware that the alien concerned entered into the Kingdom in contravention of this Act, unless it can be proved that he does not know, even though proper caution has been exercised.

.
If the act committed under Para.1 of this Section is done in order to assist his father, mother, child, husband or wife, the offender may not necessarily be punished by the Court.

.
Section 65 : Any owner or person in charge of a conveyance who fails to comply with the provision of Section 23 shall be punished with imprisonment not exceeding 5 years or a fine not exceeding 50,000 Baht or both.

.
Section 66 : Any owner or person in charge of a conveyance who fails to comply with the provision of Section 25, Section 26 Para.1,or Section 27 (2) shall be punished with imprisonment not exceeding 10,000 Baht or both.

.
Section 67 : Any owner or person in charge of a conveyance who fails to comply with the provision of Section 27(1) Para.1 or fails to cooperate with the competent official accordance with the provision of Section 27(3) shall be punished with a fine not exceeding 20,000 Baht.

.
Section 68 : Any owner or person in charge of a conveyance who fails to comply with the provision of Section 28 Para.1, shall be punished with imprisonment not exceeding 10,000 Baht.

.
Section 69 : Any owner or person in charge of a conveyance who fails to comply with the provision of Section 28 Para.2 shall be punished with imprisonment not exceeding 10,000 Baht. for each crew member of the conveyance that he has not turned over to the competent official.

.
Section 70 : Any conveyance that has an alien passenger who is excludable from entry into the Kingdom according to Section 12(1), the owner or person in charge of the conveyance shall be punished with a fine not exceeding 20,000 Baht for each alien.

.

Section 71 : Any owner or person in charge of a conveyance who fails to obey the order given by the competent official under Section 29 Para.1, shall be punished with imprisonment not exceeding 5 years and a fine not exceeding 50,000 Baht. If as a result of non – compliance with the provision of paragraph 1,thus causing the alien to escape , the said owner or person in charge shall be punished with imprisonment not exceeding 10 years and a fine not exceeding 100,000 Baht.

.
Section 72 : Any alien, who escapes from a conveyance or escapes while on the way to any destination when the competent official has told the owner or person in change of the conveyance to detain the alien or to take the alien , in accordance with the provision of Section 29 or he escapes while under detention or the control of the competent official, said alien shall be punished with imprisonment not exceeding two years or a fine not exceeding 20,000 Baht or both.

.
Section 73 : Any owner or person in charge of a conveyance who fails to obey the order given by the competent official under Section 30 shall be punished with imprisonment not exceeding 5 years or a fine not exceeding 50,000 Baht or both.

.

Section 74 : Whoever fails to comply with the provisions of Section 31 or 32 shall be punished with a fine not exceeding 10,000 Baht.

.
Section 75 : Any alien, who fails to comply with the provisions of Section 37(1) shall be punished with imprisonment not exceeding 1 year or a fine not exceeding 10,000Baht or both.

.
Section 76 : Any alien, alien, who fails to comply with the provisions of Section 37(2),(3),(4)or(5) shall be punished with a fine not exceeding 5,000 Baht and with and additional fine not exceeding 200 Baht for each day which passes until the law is complied with.

.
Section 77 : Whoever fails to comply with the provision of Section 38, shall be punished with a fine not exceeding 2,000 Baht. If said person is a hotel manager, he shall be punished with a fine from 2,000 Baht to 10,000 Baht.

.

Section 78 : Whoever fails to comply with the provision of Section 49 shall be punished with a fine not exceeding 1,000 Baht.

.
Section 79 : The owner, or person in change of a conveyance, or person issuing a ticket, document or evidence , who fails to comply with the order given by the competent official under Section 56,shall be punished with imprisonment not exceeding 6 months or a fine not exceeding 500 Baht for each day until said alien shall leave the Kingdom but not exceeding 50,000 Baht or both.

.
Section 80 : Whoever destroys an order given by the competent official under Section 56 Para.2,or causes such order to be blurred with the intention of not letting the owner of the conveyance ,or the  person in change of conveyance, or the person issuing the ticket, document or evidence to receive said order of the competent official, shall be punished with a fine not exceeding 50,000 Baht.

.
Section 81 : Any alien who stay in the Kingdom without permission or with permission expired or revoked shall be punished with imprisonment not exceeding two years or a fine not exceeding 20,000 Baht or both.

.
Section 82 : Any alien who evades the service of an order issued by the Minister Immigration Commission, Director General, or the competent official designated by the Immigration Commission, which is required to be served upon him [alien] under this Act, shall be punished with a fine not exceeding 5,000 Baht. If the order as stated in Para.1 is for deportation the offender shall be punished with imprisonment not exceeding two years and fine not exceeding 20,000 Baht.

.
Section 83 : In the case where the offenders, who shall be punished under this Act are a juristic person, managing director, manager, or representative of such juristic person, they will be punished in accordance with the penalty provided for such offenses unless they can prove that they are not involved in the commission of an offense by said juristic persons.

.
Section 84 : In all offenses under this Act, except the provisions of Section 62 Para.1 Section 63 , 64, 71 and 82 Para.2. The settlement Commission ,consisting of the Police Department’s Director General or Representative, the Public Prosecution Department’s Director General or Representative, and the Immigration Division’s Commander or Representative, as the, members shall have the authority to assign duty of settlement to the Inquiry Official or the competent official by fixing a settlement rule or any conditions as the Settlement Commission my deem proper.

.
When the offender has paid the fine as stipulate, the case shall be deemed settled under the Criminal Procedure Code.

.

Incoming search terms:

• thailand laws and penalties
• penalties provisions in thai
• thai penalty
• thailand not exceed 20 000 baht