Recent reports revealing more than 85% of prime tourist land is controlled by foreigners through Thai nominees have led to government action to investigate nominees and close legal loopholes. BSA Law, a corporate legal service in Thailand, is advising both Thai nominees and foreigners with land interests to seek Thai legal advice ahead of the coming crackdown.
BSA Law, a leading Thai law firm, is warning both Thai nominees and foreign land controllers to expect a crackdown on the use of nominees to control prime tourist land. The crackdown has been prompted by the revelation that up to 90% of prime tourism areas across the country is foreign controlled, through legal loopholes.
A Thai business law attorney from BSA Law, says that legal advice will be essential for both parties. "This is a very sensitive cultural issue in Thailand. If the government feels that the loopholes used for foreigners to control land in Thailand detract from the national interest, they will likely come down hard on the practice".
"Thai legal advice will be necessary for people to avoid possible large fines or even detainment", the attorney continued.
The prime tourist areas being investigated by investment officials include:
•Phuket
•Chiang Mai
•Rayong
•Pattaya
•Hua Hin
•Koh Phangan
•Koh Samui
There are some well-recognized legal exceptions to the prohibition on foreign land ownership in Thailand, including the following named by the attorney:
•Foreign companies may own land for the purposes of conducting an approved
business activity
•Foreigners may own a condominium provided that the total Area of the
condominium units owned by foreigners does not exceed 49% of the total
usable area of the condominium.”
The law firm in Thailand has advised caution in basing decisions on media sources, saying that Thai laws are often reported as being in effect despite not having been officially passed.
About BSA Law:
For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. BSA Law seeks to provide international standards of legal services while retaining the customs of the Thai business culture.
For more information please contact:
Jim Byrne
Business Advisor, BSA Law.
Email: jim ( @ ) bsalaw dot co dot th
Website:www.bsalaw.co.th
Thursday, 24 September 2009
Tuesday, 31 March 2009
Thailand Law Firm, BSA Law, Says Both Businesses AND Consumers Should be Wary of New Product Liability Laws
| The new Product Liability Law, which came into effect in Thailand on February 20, 2009, has been widely hailed as a boon for consumers. However, BSA Law are urging legal advice and caution for all parties involved in product liability cases, including consumers. The new Product Liability Law, part of a strategy to balance the rights of consumers and businesses in Thailand, came into effect recently. BSA Law, a top Thai law firm, are urging caution from all parties involved in court cases regarding the new law. Under the new Thai laws, product liability claims will be easier, faster, and less burdensome for Thai consumers, with the burden of proof resting on businesses. Consumer groups across Thailand have hailed the law as ground breaking. It is part of the new Consumer Case Procedures Act of 2008, which took effect in August last year. Saree Aongsomwang, general manager of Thailand's Foundation for Consumers, said "This is a milestone in Thailand, allowing consumers to be able to better seek justice should they be harmed by defective products". Consumers’ rights are broadly expanded, with even those who did not purchase an item allowed to claim damages for injury it has caused them. However, BSA Law is urging caution for consumers, as well as advising businesses to review their policies and practices in light of the new regulations. BSA Law warns that if a consumer fails to comply with directions or warnings stated on the label, the manufacturer will be escape liability and the consumer may be liable for court costs and legal fees. Also consumers should know that they only have three years to bring a damage claim before the court, and that goods cannot be older than ten years at the time of claim. About BSA Law: For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. BSA Law seeks to provide international standards of legal services while retaining the customs of the Thai business culture. For more information please contact: Jim Byrne Business Advisor, BSA Law. Email: jim ( @ ) bsalaw dot co dot th Website: http://www.bsalaw.co.th |
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Tuesday, 24 February 2009
BSA Law Urges Legal Advice for Fitness Centre in Expectation of New Laws
The Thai Consumer Protection Board is pushing for a review of fitness centers, after a record number of consumer complaints in recent months. A top lawyer says many contracts border on infringing the Unfair Agreements Act, and BSA Law is urging an industry-wide review of documents to avoid prosecution.
BSA Law is urging fitness centers to review their customer contracts, after a push by the Thai Consumer Protection Board for a crackdown on unfair contracts.
The push comes after a record number of complaints by consumers against fitness centers, mostly concerned with unfair service contracts. The three market leaders received a combined ~750 complaints from 2005 to 2008. The most complained-about company was California Wow, with 576 of the complaints, but there are nine companies with significant complaint numbers.
Chaiyos Hemarajata, a special adviser at BSA Law, believes this may be enough to cause an industry-wide review of contracts. "While customers cannot necessarily expect much more than a partial refund of their service fee, the consequences for fitness centers found to be breaching the law could be dire".
"These contracts border on infringement of the Unfair Agreements Act, and in some cases large punitive damages may be awarded", Mr Hemarajata continued.
The push for tighter controls on fitness centers is gaining wider support, with the CPB working to have fitness centers classified as a controlled business, so that authorities can examine legal contracts and commercial practices more closely. Other Thailand lawyers also believe that consumers should take complaints to court, so that precedents can be set. The Health Department has also joined the push, saying that the service quality at fitness centers needs to be standardized also.
About BSA Law:
For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. BSA Law seeks to provide international standards of legal services while retaining the customs of the Thai business culture.
For more information please contact:
Jim Byrne
Business Advisor, BSA Law.
Email: jim ( @ ) bsalaw dot co dot th
http://www.bsalaw.co.th
BSA Law is urging fitness centers to review their customer contracts, after a push by the Thai Consumer Protection Board for a crackdown on unfair contracts.
The push comes after a record number of complaints by consumers against fitness centers, mostly concerned with unfair service contracts. The three market leaders received a combined ~750 complaints from 2005 to 2008. The most complained-about company was California Wow, with 576 of the complaints, but there are nine companies with significant complaint numbers.
Chaiyos Hemarajata, a special adviser at BSA Law, believes this may be enough to cause an industry-wide review of contracts. "While customers cannot necessarily expect much more than a partial refund of their service fee, the consequences for fitness centers found to be breaching the law could be dire".
"These contracts border on infringement of the Unfair Agreements Act, and in some cases large punitive damages may be awarded", Mr Hemarajata continued.
The push for tighter controls on fitness centers is gaining wider support, with the CPB working to have fitness centers classified as a controlled business, so that authorities can examine legal contracts and commercial practices more closely. Other Thailand lawyers also believe that consumers should take complaints to court, so that precedents can be set. The Health Department has also joined the push, saying that the service quality at fitness centers needs to be standardized also.
About BSA Law:
For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. BSA Law seeks to provide international standards of legal services while retaining the customs of the Thai business culture.
For more information please contact:
Jim Byrne
Business Advisor, BSA Law.
Email: jim ( @ ) bsalaw dot co dot th
http://www.bsalaw.co.th
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Wednesday, 4 February 2009
Top Thailand Law Firm BSA Law Urges Property Due Diligence After $4 Million Baht Loss
A landmark court case where an unlawfully revoked ownership certificate was revoked could be cold comfort to an investor who is currently $4 million baht out of pocket
A landmark court case where an unlawfully revoked ownership certificate was revoked could be cold comfort to an investor who is currently $4 million baht out of pocket, prompting BSA Law, a top Thai law firm, to urge due diligence on all property purchases.
Bangkok, Thailand , xx January, 2009 – BSA Law is urging property investors to conduct due diligence on their purchases, following a case where an unlawfully issued ownership certificate was revoked. The case has left the investor in question $4 million baht out of pocket, currently.
The case involved a condominium development in Hua Hin, where on the construction plans an area was marked as an elevator maintenance area, while on the condo registration papers it was marked as a unit. It was sold as a unit, and on-sold twice. The current owner paid $4 million baht for it.
Thailand's Supreme Court recently revoked the ownership certificate, determining that it was unlawfully issued. This paves the way for a civil suit looking for compensation of the purchase price to the investor by the Land Department.
Chaiyos Hemarajata is a special adviser at BSA Law, and cautions investors that due diligence is the only way to ensure that you are not exposing yourself to an enormous financial loss. "Despite the fact that the investor won the case, it may be several years before she sees her money back. If the person at fault had been a private company, the investor might never be recompensed".
"Conducting due diligence is the only way to ensure that you are not exposing yourself to a huge loss. A simple site visit would have cleared up this anomaly in the plans", Mr Hemarajata continued.
Thailand law may have set a precedent in favor of the investor in this case, but in other circumstances and disputes the result may differ, especially if due diligence processes are not conducted, advises BSA Law's team.
About BSA Law:
For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. BSA Law seeks to provide international standards of legal services while retaining the customs of the Thai business culture.
For more information please contact:
Jim Byrne
Business Advisor, BSA Law.
Email: jim@bsalaw.co.th
A landmark court case where an unlawfully revoked ownership certificate was revoked could be cold comfort to an investor who is currently $4 million baht out of pocket, prompting BSA Law, a top Thai law firm, to urge due diligence on all property purchases.
Bangkok, Thailand , xx January, 2009 – BSA Law is urging property investors to conduct due diligence on their purchases, following a case where an unlawfully issued ownership certificate was revoked. The case has left the investor in question $4 million baht out of pocket, currently.
The case involved a condominium development in Hua Hin, where on the construction plans an area was marked as an elevator maintenance area, while on the condo registration papers it was marked as a unit. It was sold as a unit, and on-sold twice. The current owner paid $4 million baht for it.
Thailand's Supreme Court recently revoked the ownership certificate, determining that it was unlawfully issued. This paves the way for a civil suit looking for compensation of the purchase price to the investor by the Land Department.
Chaiyos Hemarajata is a special adviser at BSA Law, and cautions investors that due diligence is the only way to ensure that you are not exposing yourself to an enormous financial loss. "Despite the fact that the investor won the case, it may be several years before she sees her money back. If the person at fault had been a private company, the investor might never be recompensed".
"Conducting due diligence is the only way to ensure that you are not exposing yourself to a huge loss. A simple site visit would have cleared up this anomaly in the plans", Mr Hemarajata continued.
Thailand law may have set a precedent in favor of the investor in this case, but in other circumstances and disputes the result may differ, especially if due diligence processes are not conducted, advises BSA Law's team.
About BSA Law:
For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. BSA Law seeks to provide international standards of legal services while retaining the customs of the Thai business culture.
For more information please contact:
Jim Byrne
Business Advisor, BSA Law.
Email: jim@bsalaw.co.th
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Tuesday, 6 January 2009
The Thai Law Firm with International Standards
A business operation in Thailand faces many legal and regulatory challenges. Misinformation and confusion are common, and frequently lead to wasted time, money and opportunities for start-up and established businesses alike. Business success requires reliable legal advice and services that allow the business operator to focus on running his business.
For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. BSA Law seeks to provide international standards of legal services while retaining the customs of the Thai business culture. This combination helps our foreign clients deal effectively in the Thai business environment and helps our Thai clients relate well with their foreign business associates.
BSA Law s team of twenty Thai lawyers and two special advisers, along with its talented support staff, strive to provide prompt, reasonable service while maintaining the highest professional standards. We provide a full-range of commercial and corporate legal services, including company law, contracts, taxation, intellectual property, labor and real estate. Our experienced litigation specialists handle contested civil matters of all types, including employment disputes, bankruptcy-rehabilitation, claims and collections, insurance defense and administrative and arbitration matters.
To address the needs of our foreign clients, BSA Law has one foreign legal adviser and seven Thai attorneys with reasonable to excellent English language skills. Mr. Bamrung Tanchittiwatana, one of our founding partners, received an LL.M. (Masters of Law) from Columbia University in New York, and currently serves on the Board of Directors of the prestigious Law Society of Thailand. Mr. Apisakdi Kongkangwanchoke , another of the founding partners, is proficient in Mandarin, is a prominent member of the Thai-Chinese Christian community and recently completed his dissertation for his Masters of Law degree in Thailand. Mr. Jim Byrne , our foreign business adviser*, is a member of the Washington State Bar Association in the United States and has more than ten years experience with law firms in Thailand.
BSA Law can also help to arrange your accounting and auditing services in Thailand. Housed in the same offices as BSA Law, BSA Public Accountant Co., Ltd. and APB and Associates Public Accountant Co., Ltd. provide a full range of accounting and auditing services, including certified public audits as required under Thai company laws.
Please take the time to browse our website. You will learn more about the services BSA Law offers, the principals of the firm, and some useful information about laws and regulations affecting businesses in Thailand. We have also provided a list of links to Thai government sites containing information likely to be of use to you.
To get more information how BSA Law can help your business in Thailand, send us an email. We look forward to the opportunity to serve you.
* Foreigners are not allowed to practice law in Thailand
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