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What is the Function of a Corporate Lawyer in Thailand?
The question sometimes arises: what do corporate lawyers do? In Thailand another issue arises stemming from the aforementioned question: how do foreign qualified lawyers and attorneys interact with their Thai counterparts?
Company Registration
The first major endeavor undertaken by corporate lawyers throughout the world on a daily basis is company formation. Corporate lawyers in Thailand register companies in order for local and foreign individuals to setup businesses in Thailand. The registration process usually entails determining the type of corporate structure to be utilized (Partnerships, Limited Partnerships, Joint Ventures, Limited Companies, etc).
Companies registered in Thailand must have minimum registered capital, 3 shareholders, a company name, and a registered address. Once the previously mentioned formalities are met, along with some others which are too detailed to explain in this article, the company can be duly constituted.
Corporate Due Diligence
Although not immediately present in most peoples’ minds when they think of corporate legal services, corporate due diligence can be essential to business undertakings. This can be especially true when it comes to doing business in a foreign jurisdiction. In Thailand, a corporate legal team with an understanding of the format by which corporate information is stored can be a very valuable asset to established businesses or start-ups. Meanwhile, much of this information can be extremely helpful to those companies hiring executives to oversee operations in Thailand.
Corporate Services
Corporate lawyers in Thailand can provide a great many services related to the operation of a Thai company. From assistance with corporate address and name changes to notarization of documents there are a large number of services which can be provided. In the context of foreign nationals working in Thailand the twin issues of visa and work permit status are important. Any foreign national who wishes to work in Thailand must receive work authorization from the Thai Ministry of Labor in the form of a work permit. Concurrently, such an individual must also hold a business visa (or another visa categorized as being work authorized) in order to undertake employment activities in Thailand.
Having a legal team composed of both foreign and Thai attorneys can provide unique perspective regarding solutions to legal and regulatory issues arising from business activity. Such a team also can provide a better understanding for clients regarding the posture of legal, regulatory, and immigration issues in order to better enable the clients to make the most informed business decisions based upon the totality of the circumstances.