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What Is A Condominium Juristic Person in Thailand?

Transcript of the above video:

As the title of this video suggests, we are discussing Juristic Persons in the context of condominium complexes here in the Kingdom. 

Often times, this happens kind of off-the-cuff, I will get a question from a client basically, "I live in a condo and I see this sign that says Juristic Person, what is that? I don't know what that is.”

Let's go ahead and go to the Civil and Commercial Code, specifically section 65. These are English language translations of the Code. For those who are unaware, the Thai Civil and Commercial Code is in Thai; the Thai is controlling. This is simply provided for informational purposes only. Also it should be noted I am an American Attorney. I have Thai nationality but I am not a Thai Attorney. We have Thai Attorneys here in the office. This entire video is being made for informational purposes. If you have specific legal questions specifically regarding the legal ramifications of Juristic Persons or the legal structure of a condominium, it is probably a good idea to go ahead and seek professional legal counsel in order to be apprised of the actual legal stance or posture under those certain circumstances.

So section 65 of the Civil and Commercial Code which can be found at our website, a translation of the Thai Civil and Commercial Code, by going to www.legal.co.th, and then going to our resources section and just clicking the button that says Thai Civil and Commercial Code

Section 65 -  A Juristic Person can come into existence only by virtue of this code or of other law.

Section 66 - A Juristic Person has rights and duties in accordance with the provisions of this code or of other law within the scope of its powers and duties or its object is provided by or defined in the law, regulation or constitutive act.

Section 67 - Subject to section 66, a Juristic Person enjoys the same right and is subject to the same duties as a natural person except those which by reason of their nature may be enjoyed or incurred only by a natural person. 

Section 68 -  The domicile of a Juristic Person is the place where it has its principal office or establishment, location of the main office or the office or which has been selected as a special domicile in its regulation or constitutive act.

So the thing to take away from this video, Juristic Person is kind of the Thai legalese way of saying “incorporated entity” or “legal entity”. It is basically a legally constructed "person" in the same way that certain Limited Companies in the United States are "people" by dint of the fact that they are incorporated. The thing with respect to condominiums is that specific Juristic Person was designed specifically to maintain and keep up a condominium complex for the purpose of providing the various property holders within that complex with certain things like common area maintenance, garage parking maintenance, some type of pool maintenance etc. That is its raison d'être if you will. It is its reason for being. That Juristic Person exists to maintain that condominium. So it is not quite the same thing as looking at it like a Limited Company whose primary purpose is to go ahead and make money. A Juristic Person has specific functions with respect to the maintenance of a condo that are different and apart from something that would be a partnership or a legally constituted corporation that is designed to do trading business. A Juristic Person in a condo context is there to maintain and ultimately is responsible for the upkeep of the condo complex as a whole.