Phuket Legal Firm
Frequently Asked Questions
The following are common questions from Thai and international clients. Answers are general information only; the correct legal position depends on the facts, documents and current applicable law.
Do you assist foreign clients?
Yes. We assist international clients with litigation, property, companies, foreign investment, business licences, visas, work permits, contracts, employment, accounting, tax, wills, family law, personal injury and notarial services.
Do I need to be in Thailand to instruct a lawyer?
Not necessarily. Many matters can begin remotely, although some procedures may require personal attendance.
I received a Thai court summons. What should I do?
Send the complete court documents immediately and identify the court, case number, date received and hearing date. Do not ignore the documents because they are in Thai.
Can every case be appealed?
No. Appeal rights depend on the type of case, judgment, issues and procedural law. Deadlines can be strict.
Can a foreigner own land through a Thai nominee company?
We do not recommend or arrange nominee structures intended to conceal beneficial ownership or circumvent Thai legal restrictions.
Is a 30+30+30 lease automatically a 90-year registered lease?
No. A future renewal promise is not automatically equivalent to a presently registered lease for the full combined period.
Does registering a Thai company mean I can operate any business?
No. Separate licences, foreign business approvals or other authorisations may be required.
Do I automatically receive a work permit if I own a Thai company?
No. Company ownership and authorisation to work are separate issues.
Can you guarantee my visa or work permit?
No. Decisions are made by the relevant government authority.
Does probation mean an employee can always be terminated without severance?
Not necessarily. Probation does not automatically remove rights arising under Thai labour law.
I receive income from overseas. Do I have to pay Thai tax?
For an individual review, see Foreign Income Tax for Expats.
It depends on tax residence, source and type of income, timing, remittance, foreign tax paid, treaty provisions and available evidence.
Is registering dissolution the final step in closing a company?
No. Assets, liabilities, creditors, accounting, tax and other liquidation matters may remain before final completion.
How much compensation can I claim for an injury?
There is no single fixed amount. The assessment depends on injury, treatment, financial loss, evidence and applicable law.
Should a foreigner with assets in Thailand make a Thai will?
It may be useful to address Thai assets, beneficiaries and executor arrangements.
Do you provide notarial services?
Yes. Our Notarial Services Attorney assists with signature certification, certified copies, passports, corporate documents, declarations, powers of attorney and overseas documents.
How much does a lawyer cost?
Fees depend on scope, complexity, urgency and procedural stage. Defined services may be fixed-fee; litigation may be priced by stage or agreed scope.
Does sending documents mean you are already my lawyer?
No. Engagement requires acceptance by the firm, conflict checks where applicable, agreement on scope and fees, and completion of the engagement process.
Does a company name or domain name protect my trademark?
These are separate issues. Review the brand, goods or services and relevant rights before relying on a company name or domain registration. See Trademark.
Do I need to register copyright before it exists?
Copyright generally arises automatically for qualifying works. Ownership evidence and permissions still matter; notification or recordal is separate from the creation of copyright. See Copyright.
Should I disclose an invention or product design before seeking advice?
Obtain advice first where possible. Public disclosure may affect protection, and earlier filings can create strict deadlines. Use a non-confidential initial description. See Patent and Industrial Design.
Does an overseas IP registration automatically protect me in Thailand?
Do not assume it does. The type of right, applicable law, filing route and territories require review. See Intellectual Property Law.
If I have already paid tax abroad, do I automatically owe no Thai tax?
No automatic conclusion follows. Applicable treaty relief, the Thai calculation and evidence must be reviewed. Our Foreign Income Tax for Expats service can assess the position.
What should I prepare for a foreign income tax consultation?
Start with the tax years, travel dates, countries and income types. Our team will then request the income, transfer and foreign-tax records relevant to the agreed review.
Foreign Business Act — Common Questions
- What is the difference between an FBL and an FBC in Thailand?
An FBL generally involves permission for a foreigner to conduct a restricted business under the Foreign Business Act. An FBC generally records a right to conduct business based on a recognised legal entitlement or exemption, such as an applicable treaty, investment promotion or another qualifying legal basis. The appropriate route depends on the investor, nationality, ownership, activity and legal basis.
- Does a BOI-promoted company automatically need an FBL?
Not necessarily. Where a promoted foreign business falls within the relevant statutory framework, the Foreign Business Act provides a certificate route rather than treating every case as an ordinary FBL application. The BOI promotion scope and the actual business activity should be reviewed together before determining the required procedure.
- Does company registration mean the company has permission under the Foreign Business Act?
No. Incorporation and foreign-business permission are separate issues. The actual activities, foreign status and applicable exemptions or permissions must be considered independently.
- Can Thai shareholders be used only to avoid an FBL?
We do not recommend or arrange nominee shareholding or other structures intended to conceal true ownership or circumvent foreign-business restrictions. The ownership and funding structure should be genuine, lawful and supported by appropriate evidence.
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