The Power of Attorney in Thailand
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As for the Power of Attorney, we can say that it is the instrument or the way by which one person is legally authorized to act on behalf of another person. The person who offers the possibility of another person to act on his behalf is called Principal or Grantor, and the one who received the authority bears the name of Agent.
In Thailand, we meet two forms of Power of Attorney:
– the General Power of Attorney
– the Special Power of Attorney
In the case of a land office transaction, and you are the buyer and you want to authorize another person to handle the transaction on your behalf, you need to complete and sign at the same time a power of attorney provided by the land office.
Both the local Thai branch offices and the provincial government accept only the Thai script provided by the Land Department. In addition to the required documents, you also need a certified copy of your identity card or citizen’s passport, which allows you the authorization to act legally on your behalf.
You must clearly specify the authorized activities and mention the extent of the power you wish to authorize and include special conditions if they exist.
The power of Attorney is valid for a period of up to 3 months from the moment it was signed, but its validity also depends on the consideration of the officer. In order to ensure your safety and to be sure about the decision you are going to make, we recommend that you consult the lawyers.
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Both the Principal and the Agent must be legally capable and capable of executing the powers listed in the Power of Attorney. They must also comply with the other legal and formal but also substantial requirements in order for it to be considered valid.
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The vast majority of people consider this power of attorney necessary or at least convenient because it allows you to assign a person to handle certain issues on your behalf. The lawyers in our company have the experience to understand the technology and the necessary structure of such a power of attorney, and this will be recognized and accepted by all the Thai government agencies, banks, including other businesses.
This power of attorney can be used for certain specific short term transactions. Unlike the last will, the wills in Thailand do not deal with the beneficiary’s assets after his death, but more precisely a form of power of attorney, so that these wills represent the instructions of the respective persons indicating that in case he becomes incapacitated. to stop making decisions, someone else will deal with them.
It is very important to note that according to the regulation issued by the Minister of Foreign Affairs of Thailand and the Royal Thai Embassy, the power of attorney is not authorized to legalize the signature of a foreigner.
The necessary documents are as follows:
– First of all, a completed application for legalization is required
– an original law document with the seal and signature of the DFAT officer
– copy for each page of the original document
– copy of passport or driver’s license
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This power of attorney is used for different purposes and on certain occasions, for example, you may wish to sell the condominium in Thailand and for various reasons may not be available at the time of transfer. You need to authorize a person to perform this transaction for you. However, if the power of attorney you have granted to your agent is not carried out according to the law and is not in the required format, there is a possibility that the government office will not be able to accept it.
According to the Civil Code and the Criminal Code, the agent given a general authority has no right to do the following acts:
– does not have the right to sell or mortgage real estate
– does not have the right to rent real estate for more than 3 years
– does not have the right to make a gift
– it cannot bring an action in court
– it cannot be submitted to a dispute in arbitration
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