Top law support in Thailand from 3lawyersthailand.com: Foreigners married to a Thai national can’t own land themselves but the Land Department will allow transfer of ownership of the land to the Thai national who is married to a foreigner after a joint statement ‘letter of confirmation’ by the couple stating that the money expended on the land is personal property of the Thai spouse. This procedural requirement is based on a regulation issued by the Ministry of Interior (March 1999), which is based on the principle of section 1472 of the Civil and Commercial Code that if personal property has been exchanged for other property during the marriage (in this case land) that property becomes and remains a personal property, and not a joint marital property between husband and wife. This way the foreign spouse does not obtain ownership rights in the land based on Thai family laws, ‘property between husband and wife’. That is, as a personal property of the Thai spouse, the Thai spouse has sole management of the property (she can sell, encumber the property), and as a non-marital property the real property is not subject to an equitably division between husband and wife upon termination of marriage. Client consultant: A dedicated client consultant will be assigned to your case to help you find the best lawyer. Find extra information on Click here to find a lawyer in Thailand.
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In order to apply for one standard foreign employee’s work permit in a limited company the employer/ foreigner is required to submit the documents as listed below: Application form signed by the employee; Letter of employment from your company signed by the authorized Director of the company; Company Affidavit/ Certificate of Incorporation and a copy of the list of shareholders (copies signed by authorized director); Audit report, balance sheet for 3 preceding years. If you do not have this, we have to provide an explanation letter stating that the company is less than 12 months old. The authorized Director is required to sign this letter; Employee’s personal income tax declaration form or withholding tax form. A failure to show that tax has been paid correctly will seriously prejudice the employee’s work permit application; A written report stating the employee’s activities and declaration that the activities comply with the conditions stipulated in the work permit booklet. The authorized Director is required to sign this report; Map of the location of the company signed by the authorized Director.
According to section 93 of the Land Code Act a foreigner who acquires land as statutory heir can have an ownership in such land upon a permission of the Minister of Interior. Note that section 93 Land Code Act only refers to foreign land ownership under a treaty and not for example to foreigners inheriting land from their Thai spouse. A foreign spouse of a Thai national can inherit land but cannot register ownership of land and has to sell the land within one year from the date of acquisition.
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