The MBMG Legal Service Team provides General Counsel Services to meet clients’ legal needs. These services use both in-house and outsourced expertise, combined to take a unique approach to your business at affordable rates. We provide clients with legal services that are traditionally rendered by in-house legal counsel. They are value-based, making it possible for your company to enjoy all the advantages of having experienced in-house counsel as part of your management team.
Furthermore, as we provide these General Counsel Services on a retainer basis, your legal costs are easier to forecast and are more affordable.
General Counsel Services is becoming increasingly popular for corporate clients who do not have in-house lawyers or have a stretched legal department. This leads to a need for additional legal support, thus creating more expense.
These new services bring together the best of both worlds, namely all the benefits and comforts of having an in-house legal counsel, as well as outsourcing flexibility and expertise of external law firms. Our sophisticated and strategic legal team helps and simplifies what can sometimes be highly complex situations.
Whether part-time or full-time, having a lawyer on site at your company can help maintain smooth operations, prevent unwanted legal surprises and provide both strategic and business advice on a continuous basis.
We are licensed to provide specific notarial services for use within the jurisdiction of Thailand, in accordance with Thai law. We administer oaths, certify affidavits, take acknowledgments, depositions or testimonies and record notarial protests.
Our lawyers are qualified to certify signatures and documents as a registered notarial services attorney.
Many people may wonder what a Notarial Services Attorney is and what is its function, whether there is a Notarial Services Attorney in Thailand and how to find one.
A Notarial Services Attorney is a lawyer whose function it is to administer oaths, to attest and certify, by his hand and official seal, certain classes of documents, in order to give them credit and authenticity in a foreign jurisdiction.
In Thailand, a person who is authorized by the Lawyers Council of Thailand to administer oaths and to attest the authenticity of signatures is the lawyer licensed by the Lawyers Council of Thailand to practise law having passed the training course of Notarial Services Attorney of the Lawyers Council of Thailand to certify and to attest the authenticity of the signatures.
At present, the Lawyers Council of Thailand has set requirements governing the registration of an Attorney Qualified to Certify Signatures and Documents B.E. 2546 and have opened a training course for lawyers, as well as the issuance of the licence to the lawyers who passed such training course of Notarial Services Attorney to do the function as a Notary Public in any other country.
In summary, our services include:
Last Will & Testament
Because wills in Thailand are required to meet very specific needs so as to be deemed valid, our experienced legal team can assist you with creating a Last Will and Testament to ensure that once you have passed away then your personal assets will go to the right person, and will prevent any potential disputes.
Thai wills can be complex legal instruments from a drafting perspective. A Thai will should be drafted by someone with a strong grasp of Thai legal precepts.
The drafter of a will in Thailand should also keep in mind how a Thai judge will interpret the document during probate proceedings in Thailand. For these reasons MBMG Legal Team advises anyone looking into drafting a will in Thailand, to be sure the Thai will is drafted by a competent legal professional who is familiar with Thai probate law.
Thailand Probate Proceedings and Inheritance
As a practical matter, the distribution of a deceased person’s estate held by a third party requires a court order to be enforceable under Thai probate law. In this situation, bank accounts and land title deeds require filing in a Thai court by an experienced probate lawyer, so that heirs may receive the assets, land and bank account funds of the descendant’s estate. Thus, a petition in probate needs to be filed as soon as possible.
Foreign court judgements are not enforceable in Thailand; however a foreign judgement can be introduced as evidence in Thailand court proceedings. Foreign Last Wills and Testaments may or may not be enforceable, based on whether they conform to Thai inheritance law and other matters such as the procedural status of the case.
All probate proceedings will be arranged at a Thai competent court and all documents will be in the Thai language version. This can be a complex issue in Thailand but with our law team’s expertise, we can manage all of this for you.
With employment becoming a fluid and rapidly changing area of law, our Labour Law practice takes pride in its ability to provide services specifically tailored to the individual needs of each client. Being aware of your obligations as an employer and recruiting, retaining and managing the right kind of people has never been more critical. The nature of our advice varies significantly for each client. We can offer advice on complex cases or we can provide counsel via a simple phone call. Our contract Labour Law expertise includes:
Buying land or property in Thailand is attractive for residential or retirement purposes, as well as for investment. Thailand is one of Asia’s top tourist destinations and offers a world-class tourist industry at affordable prices, making it a magnet for visitors, re-locators and property investors alike.
In many key locations in Thailand, the local economy relies heavily on tourism and increased property investment. For the popular locations this comes as good news for domestic economic growth and good capital returns. MBMG Legal Team specializes in Thai real estate law and has decades of experience protecting a client’s rights in purchasing property in Thailand and advising foreigners on Thai property law.
Many non-Thais wish to buy or lease real estate in Thailand but are confused by the often contradictory information and misleading claims made on the internet. There are specific legal issues under Thai property law, regulating the ability of foreign nationals to buy or acquire rights to real estate and property in Thailand.
We can assist with:
Nowadays, a contract is very important for a business because it will create rights and obligations between the parties that can be enforced in the courts, if necessary. In order to ensure or guarantee that you understand your contractual rights and obligations, we can advise clients on drafting a variety of commercial agreements in both Thai and English such as:
Whether you wish to start a new business, or restructure an existing one, anywhere in the world, MBMG Corporate Solutions can help.
Over the years the Legal Services team has built an excellent reputation for advising clients on which corporate structure and jurisdiction, is most suitable for their company.
Our experts analyse your needs, provide a comprehensive proposal and organize registration; all at a price which is designed to be accessible to small and medium-sized businesses.
On analysis, one possible solution in establishing or restructuring a company is to set up a corporate trust. Under certain circumstances this can be a particularly useful structure to hold intangible assets such as licence agreements, as well as contractual and intellectual property rights.
MBMG Corporate Solutions can advise you whether a trust is beneficial to you and, if so, guide you through the process of setting it up and maintaining it.
Any non-Thai national who wishes to stay in the Kingdom of Thailand can apply for a visa. Many factors have to be considered including income, property, assets, knowledge, professional ability, relationship with a Thai national, condition of national security, economic and social conditions.
The MBMG Legal Team has vast experience and expertise in the field of visa applications. Our team is highly successful in gaining approval for visa applications for people with nationalities around the world. We have considerable knowledge of Thai law and the immigration procedure. As your legal representatives, we take responsibility very seriously in the preparation of all documents and assisting in every step.
Any foreigners who wish to work in Thailand for a long period of time will need to apply for a work permit and a one-year working visa to the government in Thailand under the Working of Alien Act, B.E. 2551 (2008) and Immigration Act, B.E. 2522 (1979). The Act requires that any person who is not a Thai national to obtain a work permit prior to engaging in work in Thailand.
Our team will take care of all the work for you and will assist every step of the way, until your work permit and visa are approved.
An additional service offered is consulting with foreign investors who intend to start a business in Thailand.
MBMG Legal Team has a large, dedicated team of specialist lawyers who are able to assist clients with the most complicated matters involving Thai law. One of the most important areas in terms of setting up your own Thai company is acquiring a foreign business licence.
We support and advise our clients through every step of the way during each stage of this process.
MBMG Corporate Solutions provides a wide range of company secretarial services to private companies and public companies, whatever the size. We register and update changes to a company, ensuring that they are properly registered and described according the law. Our services include:
In Thailand, there are many types of business organization which can be registered under Thai law. A private limited company is the most popular form of business structure in Thailand. We are a complete service Thai law firm which looks to provide full guidance and advice when registering your company in the country including:
We can help you handle your payroll and taxes with comfort. Our payroll service alleviates the time employees spend calculating payroll, determining tax obligations, preparing cheques and providing management reports. Our professionals will help you to comply with Thailand’s regulatory requirements and can be tailored to meet your individual company needs. Our payroll service includes:
With MBMG managing your payroll, you can be assured that you will never miss a tax deadline, pay the wrong amount or make errors on the tax forms. All your payroll information will be maintained accurately and securely.
Statutory audits are a fundamental legal obligation in most countries, including Thailand. An audit helps management, shareholders, investors and others in their use of the financial statements. We assist in providing outsourced Certified Auditors to examine a company's accounts and financial records; leading to a report on the company's financial statements to add value and improve operations. We assign a professional audit team dedicated to the assignment and provide value to our client by constructive advice and suggestions in improving the internal control of the business.
Thailand concluded its first double taxation avoidance agreement (DTA) with Sweden in 1963. The Thai DTA network continues to be expanded and updated. So far Thailand has concluded DTA’s with 57 countries.
DTA’s apply to persons who are residents of the Contracting States. In order to be classified as a Thai resident and be entitled to treaty benefits, a person must be one of the following:
The DTA applies to only income taxes, namely personal income tax, corporate income tax and petroleum income tax. Other indirect taxes such as value added tax and specific business tax are not covered by the DTA.
The focus of a DTA is the elimination of double taxation. Each DTA may prescribe different methods of elimination of double taxation of a person by the resident country:
Ongoing legislative and regulatory changes create a demanding environment for private companies and owners to proactively manage their tax liabilities and risks. Our team of tax experts provide services on tax planning and advisory in order for the business to remain tax compliant and gain benefit from DTAs.
Personal Income Tax (PIT) is a direct tax levied on income of a person. A person means an individual, an ordinary partnership, a non-juristic body of person and an undivided estate. In general, a person liable to PIT has to compute his tax liability, file tax return and pay tax, if any, accordingly on a calendar year basis. Taxpayers are classified into “resident” and “non-resident”. “Resident” means any person residing in Thailand for a period or periods aggregating more than 180 days in any tax (calendar) year. A resident of Thailand is liable to pay tax on income from sources in Thailand as well as on the portion of income from foreign sources that is brought into Thailand. A non-resident is, however, subject to tax only on income from sources in Thailand.
Certain deductions and allowances are allowed in the calculation of the taxable income. Taxpayer shall make deductions from assessable income before the allowances are granted. Therefore, taxable income is calculated by:
TAXABLE INCOME = Assessable Income - deductions - allowances
The Revenue Department expects each individual to declare all of his/her income correctly, this however may not be as simple as it sounds. It is best to have this taken care of by professionals, who will ensure that the calculations are made in accordance with the tax laws and that the maximum tax relief is obtained. With up-to-the-minute knowledge of Thailand’s taxation system, we ensure that your personal income tax return will be completed correctly and on time.
Corporate Income Tax (CIT) is a direct tax levied on a juristic company or partnership carrying on business in Thailand or not carrying on business in Thailand but deriving certain types of income from Thailand. Thai and foreign companies carrying on business in Thailand are required to file their tax returns (Form CIT 50) within one hundred and fifty (150) days from the closing date of their accounting periods. Tax payment must be submitted together with the tax returns. Any company disposing funds representing profits out of Thailand is also required to pay tax on the sum so disposed within seven days from the disposal date (Form CIT 54).
In addition to the annual tax payment, any company subject to CIT on net profits is also required to make tax prepayment (Form CIT 51). A company is obliged to estimate its annual net profit as well as its tax liability and pay half of the estimated tax amount within two months after the end of the first six months of its accounting period. The prepaid tax is creditable against its annual tax liability.
As regards to income paid to foreign company not carrying on business in Thailand, the foreign company is subject to tax at a flat rate in which the payer shall withhold tax at source at the time of payment. The payer must file the return (Form CIT 54) and make the payment to the Revenue Department within seven days of the following month in which the payment is made.
The calculation of corporate income tax is often highly complex and involves many variables, so it is best to consult professionals. With our vast experience, we ensure that our qualified tax consultants can help you to correctly prepare the timely submission of your corporate income tax.
Our tax experts are ready and able to provide practical and timely advice, including but not limited to: tax due diligence, the review of tax structures and analysis of double taxation compromise to minimize tax liabilities.
In order to meet the requirements for keeping the company in good legal standing, a business needs to keep books on an annual basis. With our experienced accountants combined knowledge of our clients’ business, we ensure that we maintain their accounts and records in accordance with local legislation.
Our accounting services are provided by qualified accountants so we ensure that we can offer timely, innovative and practical solutions to your business needs. Our staff have many years of experience, allowing us to assist you in making sound, proactive business decisions. We have learned a great deal since we began in this business and we apply this knowledge to enhance companies’ growth and success.
Our services consist of monthly and annually services as listed below.
1. Monthly services
2. Annual services
MBMG Corporate Advisory is part of the suite of services that MBMG Corporate Solutions offers.
MBMG Corporate Advisory works closely with all of MBMG’s teams to deliver the best results for its clients.
The team’s experience crosses both buy and sell sides, public and private funds management and corporate finance activities, both within ASEAN and major global markets.
We have already provided corporate advice, investment advice and facilitated strategic business transactions on behalf of a wide range of clients in South-East Asia and further field.
MBMG Corporate Advisory, alongside its sister parts of MBMG Group, can assist clients in the areas of:
Moreover, our team can assist in business review and analysis. When you initially establish your company, you will normally implement a specific legal structure and set up an accounting system, suitable for the business at that particular time. However, it is important that you regularly review your company structure and accounting to ensure your business continues to run to the best of its potential and meets your business needs.
Our professional; legal, accounting, tax planning and auditing teams work together closely to ensure that we provide the most effective advices from all points of view and assist in implementation by working closely on step by step with our clients.