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Posts Tagged ‘Thailand Business’

Lack of Registration For Foreign Attorneys in Bangkok Thailand

Monday, December 7th, 2009

Bangkok is the spoke in the proverbial wheel for anyone seeking to do business in the Far East. When living, working, or investing in Thailand it may become necessary to retain legal advice. For Thai legal matters, it is always advisable to retain a Thai attorney. However, in transactions involving multiple jurisdictions, it may be necessary to hire an attorney licensed in a jurisdiction other than Thailand. A major obstacle often faced when searching for a foreign attorney: separating the, “wheat from the chaff,” because Thailand has no mechanism for registering and regulating foreign lawyers.

In Asian jurisdictions such as Singapore and Hong Kong (to name just two) the authorities have promulgated legislation for registering and monitoring the activities of practicing foreign lawyers. The upshot of this system is a foreign legal community that is transparent and above board. In Thailand, the activities of foreign lawyers and “consultants,” are left in a somewhat gray area. Thailand, as a member of the World Trade Organization, has signaled its intent to open its market to international trade and services. However, Thailand has yet to implement many of the provisions required by the WTO most notably, for the purposes of this article, the provisions dealing with foreign attorney registration.

Under the foreign business act of 1999, foreigners are barred from practicing law, but a foreigner can conceivably obtain a foreign business license in order to operate a legal service business under list three in the appendix to the foreign business act. Thailand legislation seems to have distinguished between the practice of law and the opaque term, “legal service business.” The distinction between these two terms seems to turn upon whether a firm practices litigation.

Due to Thailand’s inaction with regard to her WTO obligations, the question as to foreign lawyers practicing foreign law in Thailand is precarious. The result of this slightly odd legal situation is that those people (both Thai and foreign) seeking foreign legal advice are at risk of using the services of someone who has no formal legal training. By putting a mechanism in place to regulate foreign lawyers other governments have ensured that those practicing foreign law are qualified to do so in their jurisdiction of licensure. By not having such legislation in place, laypeople could be easily duped by someone who has no business dispensing legal advice.

Car Ownership in Thailand

Thursday, November 5th, 2009

In Thailand both new and used cars are available. You can also import a car, but the import duties are heavy and you could run into problems with parts and maintenance if it is a brand not readily found in Thailand.

Foreigners cannot obtain financing for a car in Thailand. Your options are to pay cash, use a credit card if you have enough credit available, or buy through a Thai citizen.

The car can be purchased in a foreigner’s name. If you opt for financing through a Thai friend, you must be absolutely certain he is someone you can trust. If the person is not trustworthy, he could let you make all the payments and then make the final payment himself and take the car. The car is in his name and there would be no recourse for you. However if he is trustworthy, after making the final payment the ownership of the car can be converted to your own name.

Thailand is a right-hand drive country. If you are from a country that is a left-hand drive country, you will have to accustom yourself to right-hand driving. For some it is a difficult adjustment, especially if you are driving a stick shift. For others it is easy.

Car insurance is relatively inexpensive in Thailand. There are three classes of insurance. First class covers collision and personal injury protection. There is no deductible. Second class covers collision and personal injury, but will be covered only if an accident is determined not to be your fault. If the police hold you at fault, then there can be a large deductible or refusal to pay, in which case you would be responsible for damage to other involved vehicles and any injuries. Third class covers personal injury protection, but does not cover collision.

The vast majority of Thai drivers were licensed without any kind of driver education at all other than a 2 hour film they must watch at the time they apply for a first driving license. That can make driving quite hazardous and it is imperative that you drive cautiously at all times, making sure to be very observant. The sheer numbers of motorcycles on the roads can make driving all the more hazardous.