Tag Archives: attorney

UK Lady Sues Lawyer Over Divorce

The Independent reports that a woman in the UK has tried to unsuccessfully sue two firms of solicitors claiming that they had failed to warn her that divorcing her husband would terminate her marriage. She argued that the two law firms failed to take into consideration her Roman Catholic faith and should have advised her to have a judicial separation as an alternative solution.

Perhaps understandably her appeal failed.

In Thailand divorce law there are two types of divorce: a court divorce and an administrative divorce registered through the government’s District Office.

Read the full article here

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Thailand Divorce Law

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Thailand’s Child Abduction Law



Although Thailand has been a long-standing signatory to the Hague Convention on Civil Aspects of International Child Abduction, no domestic law in Thailand existed until 2012 to afford for the direct enforcement of rights pursuant to the Convention.  Cases of international child abduction in Thailand were still resolved by the Thailand judiciary.  However, such cases were considered under other applicable laws such as the Thailand Family Code.

In 2012, with the enactment of the Thailand Abduction Act, aggrieved parents and relevant government officials now have a more direct method to resolve international child abduction cases in Thailand.

The Thailand Child Abduction Act sets out the legal rights and procedures for enforcing the rights for an aggrieved parent or a government official to apply for the return of the child abducted in Thailand to the habitual residence of the child in a foreign country.

Parents living in Thailand therefore now have the option of proceedings with breach of custody cases under both the Thailand Family Code and the 2012 Abduction Act.

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Insurance Firm Pays Compensation to Lampang Crash Victims



Approximately five million baht (160,726 USD or 99,000 GBP as at October 2013 exchange rate) is reportedly going to be paid to crash victims following the collision of the  double-decker bus on Wednesday 23 October 2013 reports The Nation. The collision occurred when the bu was transporting passengers around the Chiang Mai area early on the Wednesday morning to join a robe-offering ceremony at Wat Mai Samakkhee in Wang Nua before visiting another temple and Phayao Lake prior to heading back to Chiang Mai.

The money should be paid to the 17 injured passengers and the families of the 21 deceased people within a week confirmed Chiang Mai Governor Wichien Phuthiwinyu. Police investigators believe malfunctioning brakes could have been responsible for the accident.

Recently there have been an increasing amount of traffic accidents in Thailand. On this occasion, the bus company, Weerapan Tour and Travel Limited Partnership, had insured its passengers which will cover medical costs, and go towards providing some form of compensations for the families of the deceased, but if you are living or traveling in Thailand, medical insurance is highly advisable.

Thailand personal injury lawyer, Jiraporn Thongpong recently concluded a personal injury case for an Israeli citizen who was injured in a traffic accident when on holiday in Thailand. The  case took 11 years to settle. Jiraporn explained, “personal injury cases in Thailand can be lengthy to fight as defendants as nearly always reluctant to admit responsibility. We continued to fight the claim for our client however, and ultimately received a damages cheque on behalf of our client to cover their expenses.

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The Non-Pecuniary Damages in Wrongful Acts Causing Bodily Harm and Death:  The Comparative Study on U.S. and Thailand Laws

Flickr photo credit: The May Firm 2 





Registering A Company In Thailand: Thai Nominee Shareholders

Many people move to Thailand and decide to register a company or move to Thailand with the specific aim of registering a company in Thailand.

Such individuals would be well advised to become familiar with a piece of legislation called the Foreign Business Act (FBA). This sets out the rights of foreign companies in Thailand, as well as what is not permitted.

The first and biggest obstacle is that most, although not all, foreign businesses looking to register in Thailand require a Thai majority shareholding.

It is also possible obtain an alien business license,  and Americans can set up an amity treaty company, but many companies prefer to have a Thai majority shareholding. Many foreigners choose to form a Thai majority company, so that the Company is able to operate a business in a category that is restricted to foreigners. The registration of a Thai majority company generally requires less registered capital and less paperwork than the registration of a foreign company. A Thai majority company can also buy land.

Unfortunately some foreign companies choose to take the easy way out. A nominee shareholder is a shareholder in name only: in reality nominee shareholders lacks any real financial stake or interest in the company.  Under the FBA, the practice of Thai nominee shareholders is illegal.

There are companies in Thailand who will offer to supply Thai nominees. This is extremely high risk:

  1. you will have no knowledge of who the shareholder of your company is;
  2. they are employees who will probably be listed as shareholders in multiple companies
  3. if they leave employment they have no relationship with you and owe you no loyalty.

Relevant Video:

The FDA Application Process In Thailand

There are an increasing amount of FDA applications in Thailand.

This could in part be due to the thriving medical industry.  An increasing amount of tourists and expats with disposable incomes are heading to Thailand for treatment which has led to more medical service suppliers setting up shop in Thailand.

Such suppliers need to recognize however that importing pharmaceuticals, or other medical, narcotic and toxic substances into Thailand first requires registration with the FDA.

The Thailand FDA application process must be followed and will differ slightly depending on the type of product that is being imported.

Generally, importers need to provide fairly comprehensive details about the company they will be instructing to import the product, plans and photos of the production facility plant and evidence to show that Thai law requirements have been met in respect of manufacturing.

Fees and the time required for filing product registration application will depend on the item being registered.

FAD applications can be complicated and timely and are a hugely administrative process, conducted solely in Thai. Consulting a law firm that is familiar with the Thai FDA registrationand its processes can help to make sure that applications are expedited and dealt with as smoothly as possible.

Watch the video here:

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The Work of the Thailand Food and Drug Administration