"TURN EXPERIENCE TO VICTORY"

Real Estate

Real Estate

James & Partner Law Offices provides many practices in real estate field for our client including but not limit; land purchasing and condominium purchasing for foreigner, land acquisition, giving in legal advice aspect of real estate development planning, advising all aspect with Thai land law and relevant laws, leasing, mortgaging and we also practice litigation cases which is related to real estate such as servitudes, usufructs. Furthermore, we do matter in relation to industrial estates and other properties and associated mortgage work.

Labor

Labor

James & Partners Law Offices provides servicing in every aspects of Thai labor law, drafting employment contract, preparation office’s working rule, advising for employment benefits, giving legal advice in respect of Labor Protection Law and Labor Relation Law. Furthermore, we also do litigation on many labor cases such as Unfair Termination, Unfair Labor Practice and others labor dispute cases for our client.

International Business Transactions

International Business Transactions

James & Partners Law Offices provides fully legal services for international transactions including but not limit; advising on laws and regulations concerning import, export, trade terms, selecting types of incoterm (FOB, CIF and CFR),

Litigation

Litigation

James & Partners Law Offices provides and assists our clients into several courts in any types of case in Thailand including breach of contract case, joint venture dispute case, governmental Case, tax dispute case, insurance dispute case, debt enforcement, tort, international trade dispute, general criminal case, securitization case, fraud and embezzlement case, labor dispute case, bankruptcy and rehabilitation case, family dispute case, prosecution and defense of white collar crimes, DSI accusation.

Experience

– Thailand-lawyer/ Litigation (Government Contracts)
The firm represented Pollution Control Department, Ministry of Natural Resources and Environment in a white collar crime case relating to public contracts in Thailand. This was the first time in history that Thai government retained a specialized private law firm to replace the Attorney General’s office as the representative of the authority. The firm acted as plaintiff’s attorney in taking legal action against nineteen defendants who were former politicians and powerful construction contractors. The amount claimed in the complaint was approximately Baht 30 Billion, representing the biggest cheating case ever filed with Thai court. In November 2005 the court made a ruling that the case had grounds and that the trial be commenced.
– Thailand-lawyer/ Litigation (Fraud and Embezzlement)
Represented a US client that took over a Thai leasing company which was a subsidiary of the 56 finance companies ordered to be shut down by the government. On behalf of the client he filed suit against the former management more than ten fraud and embezzlement cases with the criminal court and more than fifteen civil cases demanding the sum of Baht 1.5 Billion.

– Thailand-lawyer/ Litigation (Arbitration Case)
A joint venture consortium filed a complaint against Pollution Control Department with the Arbitration Institution and claimed approximately Baht 6.2 Billion. He and his assistants defended the Pollution Control Department in court proceedings related to the order appointing an arbitrator, and in the arbitration proceeding. Later on Pollution Control Department filed a cross-compliant for approximately Baht 23 Billion.

– Thailand-lawyer/ Litigation (Bank Guarantee Case)
A group of international and Thai banks issued performance and retention bank guarantees for the authority in a construction project in the approximate sum of Baht 3 Billion. He and his assistants represented the Pollution Control Department in the civil court demanding payment under such bank guarantees due to breaches of the contractor-debtor.

– Thailand-lawyer/ Litigation (Joint Venture Dispute Case)
The firm represented a Japanese company with a branch office in Thailand in taking a civil action against the other joint venture partners that breached the partnership agreement. The court issued judgment for the plaintiff for over Baht 100 Million plus interest.

– Thailand-lawyer/ Litigation (Shares Option Agreement Case)
The firm represented a subsidiary Corporation of Asian Development Bank in taking a civil action against a debtor in Thailand. The court ordered the debtor-defendant to buy back shares or to make payment to the plaintiff for the previously agreed purchase price. In a similar case, he represented a reputable Singaporean management corporation in a civil action case which also resulted in a court ruling in favor of his client.

– Thailand-lawyer/ Litigation (International Transaction Case)
His firm represented a client form the United States in a dispute relating to payments under securitization portfolios in Thailand. The case was against the reputable insurer of promissory notes in New York, the Supreme Court gave an order in favor of his client, ruling that the court procedures had to be litigated in the Intellectual Property Court and not the Civil Court since the case combined several international transactions and not a domestic one as claimed by the opponent.

– Thailand-lawyer/ Litigation (Telecommunication Case)
The firm represented several clients relating to disputes under Thai telecommunication laws. The disputes were whether the target businesses were illegally competing with a Thai telecommunication state enterprise.

– Thailand-lawyer/ Litigation (Creditor Sharing Case)
The firm represented FMO, the Netherlands Development Finance Company, that lent funds to a borrower in Thailand. The creditors agreed on the sharing of liquidated assets under auction procedures in Thailand and we assisted the client in the court procedures and in preparation of related agreements.

– Thailand-lawyer/ Litigation (Purchase and Sale Case)
The firm represented a client from the United States in civil court litigation enforcing a purchase and sale agreement of an entertainment complex.

– Thailand-lawyer/ Litigation (Bankruptcy Case)
The firm represented a New York corporation client in a bankruptcy case in Thailand, demanding for payment from the pooled assets of a bankrupted debtor. There were also related lawsuits concurrently took place in the United States and the firm worked closely with the other two well known law firms in New York and California respectively.

-Thailand-lawyer/ Litigation (Insurance Case)
The firm represented a well known Japanese insurance company with branch office in Thailand in several maritime transportation disputes and resulted in favorable outcomes for the client, all the way up to final decision of the Supreme Court.

Company Registration

Company Registration

James &Partners Law Offices provides wide ranges of corporate services for Thai and foreign clients such as Limited Company Registration,  company’s name reservation include select business entities, Memorandum  Registration, Joining as a Company Promoter, one day registration, company promoter, company director, power of director, 25 % paid-up, Drafting  Article of association, TAX &VAT registration  for company, requiring for any business license(FBC,FBL ), dissolution, M&A. furthermore, we also assisted our  client in drafting reviewing any types of agreements,  and draft relevant legal opinion for our client.

Guideline for setting Limited Company in Thailand by James and Partners Law Offices
Steps for limited company registration under the Laws of Thailand

1. Corporate Name Reservation
The reserved name must not be repeatable or similar to name of other registered companies, which approved by the Commercial Registration Department at the Ministry of Commerce (“MOC”) before. After that, the approved corporate name must be registered within 30 days.

Note: Company name reservation must be done via Department of Business Development (“DBD”) website only the process should not spend time more than 30 minutes

2. Memorandum Registration
Under the Thai Laws, company must have at least 3 promoters to register memorandum of association
Company’s memorandum of association needs to mention these following details.
1) Name of company (reserved name) 2) Head Office’s Address 3) Objective of the company 4) Registered Capital for company 5) Name, address, age, occupation and number of promoter 6) Name, address of 2 witnesses

3. Share Reservation
After Memorandum registration, Promoter should buy the share or offer all shares to interested person to become company shareholder (under Thai Laws in limited company should have at least 3 shareholders). After all shares have been reserved, then promoter should arrange the statutory meeting within 7 days

4. Registering the establishment of a company limited
In statutory meeting there are vital parts for company should be scheduled the such as 1)Article of Association 2) Number of director and power of director (at least 1 director) 3) Registered capital 4) Total of Shares 5) Auditor 6) Types of share for company
After the statutory meeting, promoter should all turn over the business to the appointed director (director of company must paid up 25% for the total of shares).and director of company must register the resolution of the statutory meeting within 3 months otherwise the meeting will be void.

Note: In general, the memorandum and company registration will spend time no more than 9 days. However, if document are fully completed, MOA and company registration can be registered in 1 day

5. Registration Fee for Registration Company in Thailand

5.1 Memorandum registration Fee
Baht 500 for registration capital Baht 1,000,000

5.2 Company Registration Fee
Baht 5000 for registration capital Baht 1,000,000
Other fees for Company Registration

6. TAX & VAT registration
After registration, Company will have their own entity under Thai law, Company need to register Tax and Vat at Revenue Department Branch /District which the company’s head office has been located .

Corporate Tax: Businesses liable for income tax must obtain a tax I.D. card and number for the company from the Revenue Department within 60 days of incorporation or start of operations

VAT: Business operators earning more than 1,800,000 Baht per annum must register for VAT within 30 days of the date company’s sale income reach 1,800,000 Baht.