Practice Areas
- Civil & Commercial Dispute
- Criminal Dispute
- Consumer Dispute
- Administrative Dispute
- Labour & Employment Dispute
- Intellectual Property
- Real Property Services
- Family Services
- Notarial Services
- Personal Data Protection (PDPA)
- Contract Drafting
- Last Will
- Legal Consulting
- Power of Attorney
- Extradition
Civil case
It is normal for businesses to encounter problems that require legal methods to resolve, such as breach of contract, payment arrears, etc. When a civil dispute arises, if a contract or debt occurs in Thailand or the nationality of one party is a Thai person or juristic person. The other party can take legal action in Thailand.
Liability of director and shareholder of a company limited under Thailand Law
According to the Thai Civil and Commercial Code, directors of the company are the representatives of the company in carrying out various activities in accordance with the objectives of the company, such as making various contracts with customers. If any action causes damage to the company or its shareholders, the director may be prosecuted under the law for civil or criminal liability. The directors of the company do any business under their powers and duties without being personally liable. The director shall not be responsible for the company’s debts except there is a contract admitting liability as a joint debtor or as a guarantor. Shareholders in a limited company are liable for the company’s debts only for the unused share value.
However, under Section 44 of the Consumer Case Procedure Act B.E. 2551, in the case, that action is brought against a company, and it appears that the company operated or was incorporated in bad faith, used deceitful behavior against consumers, or embezzled company property to have sufficient funds to satisfy obligations, the plaintiff or the court may summon shareholders, directors or persons receiving the embezzled property to be joint defendants unless they are proven innocent.
Heritage case
When a person dies or the law is considered to be a fatality, his property, rights, duties, or liability existence before his death becomes his inheritance to his heirs who must have an administrator of an estate to share the inheritance with the heirs.
If the deceased person has assets registered as land title deeds, condominiums, certificates of utilization, Nor Sor 3, vehicle registrations, bank accounts, these assets in the inheritance management, the relevant authorities will not make any registration changes to those properties until the court has issued an order appointing an administrator of an estate.
The following persons cannot be administrators of an estate:
- Person mot sui juris.
- Persons of unsound mind or adjudged quasi-incompetent.
- Persons adjudged bankrupt by the Court.
The petition to request the Court for appointment of Administrator of an estate must be filed to the Court where the deceased person is domiciled within the Court area at the time of death. If the deceased person does not have a domicile in the Kingdom of Thailand must be filed in Court where inheritance is within the Court area. Therefore, if the deceased is a foreigner who died in Thailand and has assets in Thailand, it is necessary to apply to the Thai court for an order appointing an administrator of an estate to manage the estate in Thailand.
Labour case
A labor case is a case where there is a conflict between an employer and an employee under an employment contract or about the rights of an employer and an employee under the law on labor protection and the law on labor relations. Such conflicts should be considered by a judge who has knowledge and understanding of labor issues together with associate judges for employers and employees.
When a labor dispute arises, the Plaintiff will file the complaint at the Thai labor court within the territorial jurisdiction of the place of work of the employees, or of which the plaintiff or the defendant has domicile.
Thai Company
