LEGAL SERVICES

Samui Law Firm focuses on the positive side of the law and prefers to work in an environment where people don't need to litigate (go to court) because agreements made between all parties are fair and equitable for everyone involved. We strive toward this outcome on each and every client engagement we undertake and, although we don't necessarily represent the 'other' party, we do recognize the need for fairness and synergy between the parties in order to gain a mutually agreeable outcome.

We do understand there will be occasions where situations become untenable and a need may arise to take further action so, if needed, we'll source an appropriate lawyer who specializes in that area of law for the client.

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Property Law

Foreigners are often misinformed when trying to decipher differences between a trading and non trading entity (limited Thai company) in Thailand and do not fully understand, nor is it explained to them properly, that all limited companies created in Thailand do require some element of "trading" whether you're own opinion, or understanding of that company, is that it does trade (does some daily/weekly/monthly accounting activities) or does not trade (does not do any daily/weekly/monthly accounting activities)! When you open a trading entity for any purpose in Thailand you are always required to do the following a) submit an end-of-year balance sheet and audit each and every year that the company remains open and b) ensure that the company reaches profitability within 3 years of opening the company. Why is this necessary? The Department of Business Development (DBD), where the company was created and any changes to that company are lodged and approved, "reserves the right" to close ANY company that a) has not submitted an end-of-year balance sheet and audit for 3 consecutive years and/or b) does not reach profitability within 3 years of opening the company! Importantly, your Work Permit may not be renewed (upon expiry each year) if the company has been running at a loss for 2 consecutive years prior to renewal of that Work Permit.

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Corporate Law

Foreigners are often misinformed when trying to decipher differences between a trading and non trading entity (limited Thai company) in Thailand and do not fully understand, nor is it explained to them properly, that all limited companies created in Thailand do require some element of "trading" whether you're own opinion, or understanding of that company, is that it does trade (does some daily/weekly/monthly accounting activities) or does not trade (does not do any daily/weekly/monthly accounting activities)! When you open a trading entity for any purpose in Thailand you are always required to do the following a) submit an end-of-year balance sheet and audit each and every year that the company remains open and b) ensure that the company reaches profitability within 3 years of opening the company. Why is this necessary? The Department of Business Development (DBD), where the company was created and any changes to that company are lodged and approved, "reserves the right" to close ANY company that a) has not submitted an end-of-year balance sheet and audit for 3 consecutive years and/or b) does not reach profitability within 3 years of opening the company! Importantly, your Work Permit may not be renewed (upon expiry each year) if the company has been running at a loss for 2 consecutive years prior to renewal of that Work Permit.

Before you panic..! 'reserves the right' does not necessarily mean they (DBD) will definitely close your company down but, it does mean that they (DBD), maintain the option to do so should they (DBD) wish to exercise it!

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Family Law

Foreigners are often misinformed when trying to decipher differences between a trading and non trading entity (limited Thai company) in Thailand and do not fully understand, nor is it explained to them properly, that all limited companies created in Thailand do require some element of "trading" whether you're own opinion, or understanding of that company, is that it does trade (does some daily/weekly/monthly accounting activities) or does not trade (does not do any daily/weekly/monthly accounting activities)! When you open a trading entity for any purpose in Thailand you are always required to do the following a) submit an end-of-year balance sheet and audit each and every year that the company remains open and b) ensure that the company reaches profitability within 3 years of opening the company. Why is this necessary? The Department of Business Development (DBD), where the company was created and any changes to that company are lodged and approved, "reserves the right" to close ANY company that a) has not submitted an end-of-year balance sheet and audit for 3 consecutive years and/or b) does not reach profitability within 3 years of opening the company! Importantly, your Work Permit may not be renewed (upon expiry each year) if the company has been running at a loss for 2 consecutive years prior to renewal of that Work Permit.

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