Introduction
When an earthquake causes damage to a condominium building, affecting both private property (individual units) and common property (building structure, columns, load-bearing walls, corridors, elevators, swimming pool), co-owners and the juristic person committee should follow these guidelines in accordance with Thailand's Condominium Act B.E. 2522 (1979).
Initial Steps
1. Coordinate with Insurance Companies: If the condominium has insurance coverage, promptly file claims and maintain communication with the insurance company.
2. Seek Government Assistance: Contact local authorities or relevant government agencies for available assistance programs.
3. Establish a Special Task Force: The condominium juristic person may appoint a special committee to monitor and manage reconstruction or dissolution processes.
Legal Procedures under the Condominium Act B.E. 2522 (1979)
1. Damage Assessment and Evaluation
• Structural Engineer Inspection: The condominium juristic person should urgently hire structural engineers or experts to assess the damage (as authorized by Section 36(2), which empowers the manager to take emergency actions).
• Comprehensive Damage Assessment: Evaluate damage to both common and private property to calculate repair costs.
2. Co-owners' General Meeting
• Extraordinary General Meeting: The manager must call an extraordinary general meeting promptly (Section 42/2) to discuss the damage and possible solutions.
• Required Resolutions:
Repairs to common property (Section 48(6)) require a resolution supported by at least half of the total votes of all co-owners.
If damage is severe enough to consider dissolution, a unanimous resolution is required (Section 51(2)).
3. Repair Procedures for Non-Severe Damage
• Common Property Repair Expenses: All co-owners must contribute to repair costs in proportion to their ownership shares in the common property.
• Private Property Repair: Expenses for repairing private property are the responsibility of each individual unit owner (Sections 18 and 50 paragraph 3). The cost of constructing or repairing damaged areas that are common property shall be shared by all co-owners in proportion to their ownership of common property, while costs for private property shall be borne by the owners of the damaged units.
4. Procedures for Severe Damage Potentially Requiring Dissolution
According to Section 51, a registered condominium may be dissolved for the following reasons:
1. In cases where a juristic person has not yet been registered, the condominium registrant or the transferee of ownership of all units in the condominium, as the case may be, requests dissolution.
2. The co-owners unanimously resolve to dissolve the condominium.
3. The condominium is completely damaged, and the co-owners resolve not to reconstruct the building.
4. The entire condominium is expropriated under the law on expropriation of immovable property.
Conclusion
Whether deciding to repair or dissolve the condominium, all actions must comply with legal procedures while prioritizing the safety of residents. The condominium management must maintain transparent communication with all co-owners about costs, progress, and available options throughout the process.
Thundthornthep Yamoutai
LAS / Legal Advance Solution
In a landmark agreement under the auspices of the World Boxing Council (WBC), WBC University and Bangkokthonburi University have signed a Memorandum of Understanding (MoU) to enhance educational collaboration and promote the development of boxing and MuayThai on a global scale.
The partnership aims to bridge academic excellence with sports innovation, fostering a dynamic exchange of educational content, technology, and best practices between Mexico and Thailand. This collaboration represents a significant step in elevating the quality of sports education, while also contributing to the growth of combat sports worldwide.
Key Objectives of the Collaboration:
1. Educational Exchange: Both institutions will share educational materials, methodologies, and best practices, fostering a global knowledge network for sports science and combat sports.
2. Technological Innovation: The partnership will focus on developing cutting-edge technological platforms to enhance learning experiences and educational management.
3. Official Recognition: Programs developed under this agreement will be pursued for formal recognition, ensuring their validity and global acceptance.
4. Sports Promotion: Joint initiatives will be launched to promote boxing and MuayThai, encouraging student participation and emphasizing the physical and mental benefits of these disciplines.
5. Global Teamwork: The collaboration will foster a spirit of teamwork between the faculty and administrative staff of both institutions, promoting international cooperation in sports education.
A Shared Vision for the Future of Combat Sports Education:
This partnership is not just about academic growth but also about solidifying boxing and MuayThai as integral components of global sports culture. With a focus on sustainable development, both institutions aim to create lasting educational programs that benefit athletes, coaches, and officials worldwide.
The signing of this MoU reflects the WBC’s commitment to advancing the educational and professional landscape of combat sports. By uniting educational institutions from two continents, this collaboration will pave the way for future projects, setting new standards in sports education and athlete development.
Thundthornthep Y.
Legal Advance Solution / LAS
[email protected]
On January 13, 2025, the Cabinet approved in principle the draft Entertainment Complex Business Act B.E. ... and acknowledged the implementation plan for subordinate legislation, including timeframes and key elements of secondary laws to be issued under the draft Act, as proposed by the Ministry of Finance.
Key elements include:
Establishment of legal framework for entertainment complex businesses, including the formation of an Entertainment Complex Policy Committee and Executive Committee, establishment of an Entertainment Complex Business Regulatory Office, and determination of licensing criteria. The objectives are to promote and regulate standardized entertainment complexes to support tourism and investment in Thailand, which will benefit society as a whole and promote sustainable tourism.
The plan includes 24 pieces of subordinate legislation, as follows:
(1) Royal Decree on Designation of Entertainment Complex Zones
(2) Royal Decree on Criteria and Number of Entertainment Complex Licenses
(3) Prime Minister's Office Notification on Officer Identification Card Format
(4) Regulatory Office Notification on Rules, Types, Characteristics, Gaming Methods and Details of Casino Operations in Entertainment Complexes
(5) Regulatory Office Notification on Characteristics of Persons Prohibited from Entering Casino Establishments
(6) Regulatory Office Notification on Equipment and Device Standards for Casino Operations
(7) Policy Committee Notification on Casino Floor Space Ratio in Entertainment Complexes
(8) Policy Committee Notification on Criteria and Conditions for Entertainment Complex Licensing
(9) Policy Committee Notification on Required Documentation for Entertainment Complex License Applications
(10) Policy Committee Notification on Criteria for Changes in Directors, Executives, Shareholders or Organizational Structure of Licensees and Use of Shares as Loan Collateral
(11) Policy Committee Notification on Entertainment Complex License Fees and Annual Fees
(12) Policy Committee Notification on Criteria and Conditions for License Renewal and Renewal Fees
(13) Policy Committee Notification on Criteria and Conditions for Cessation of Entertainment Complex Operations
(14) Policy Committee Notification on Criteria, Types, Characteristics and Details of Entertainment Complex Business Operations
(15) Policy Committee Notification on Operating Hours, Location of Service Establishments, Times and Places Prohibited for Alcohol Sale or Consumption, and Smoking Areas in Entertainment Complexes
(16) Policy Committee Notification on Casino Entry Fees for Thai Nationals
(17) Policy Committee Notification on Ratio of Thai to Foreign Staff in Entertainment Complexes
(18) Policy Committee Notification on Qualifications of Casino-Related Staff
(19) Policy Committee Notification on Casino Operating Criteria for Licensees, Methods and Conditions for Extending Credit to Players or Gamblers in Establishments
(20) Executive Committee Notification on Secretary-General's Salary and Other Compensation
(21) Executive Committee Notification on Criteria and Conditions for Obtaining Replacement Entertainment Complex Licenses
(22) Executive Committee Notification on Criteria and Conditions for Casino Promotional Activities, Advertising, Public Relations, or Marketing Events
(23) Regulations on Policy Committee Meetings
(24) Regulations on Delegation of Secretary-General's Authority
Thai martial arts had the opportunity to be showcased in a Roman amphitheater for the first time in 2,000 years, celebrating 157 years of Thai-Italian friendship. The event featured over 1,000 international Muay Thai athletes from around the world, who also had the chance to admire the magnificent history spanning more than 2 centuries of the "Verona Arena" (Arena di Verona) - an ancient amphitheater that once served as a fighting venue for gladiators in the past. This marked the opening of the international Muay Thai festival "Amazing Muay Thai World Festival 2025," with Bangkok Thonburi University participating by providing educational scholarships as awards for the athletes.
1. What tenants should do when rooms are damaged
(1) Immediately take detailed photos and videos of damaged areas both inside the room and surrounding areas
(2) Notify the landlord immediately and send photos or videos showing earthquake damage
(3) Write detailed descriptions of all damage with clear date and time documentation
(4) Inform the property management to record in their system and inspect the damage
(5) Evaluate safety concerns to determine if continued occupancy is advisable; if unsafe, find temporary accommodation
(6) For damaged furniture included in the rental agreement, stop using it immediately and notify the landlord; get written consent if continued use is necessary
2. What landlords should do when needing to inspect damage while tenants are away
(1) Check the Lease Agreement for emergency entry provisions
(2) Notify tenants in advance of the inspection date to survey damage and collect evidence
(3) Bring witnesses, preferably a representative from property management
(4) Take photos and videos from before entering until after leaving the room
(5) Document in writing the date and time of entry and actions taken in the room
(6) Avoid dismantling or moving tenants' personal belongings unnecessarily
(7) Check that doors and windows are secure before leaving
(8) Notify tenants immediately after inspection is complete
3. Are tenants responsible for paying for condominium damage from earthquakes?
(1) Tenants should not be responsible for damages caused by natural disasters or force majeure as these do not result from tenant negligence, unless the damage occurred due to improper use of the unit
(2) Review the Lease Agreement for conditions regarding responsibility in cases of natural disasters or force majeure
(3) Ask the landlord about condominium insurance coverage for earthquake damage
(4) Most Lease Agreements do not specify coverage for tenants' personal belongings, so tenants may be responsible for damage to their own property
4. Notification before entering to repair the condominium unit
(1) Clearly specify the repair start date and completion date
(2) If temporary relocation is necessary, agree on alternative accommodation or rent reduction
(3) Document all repairs and cost agreements in writing
(4) Clearly discuss which furniture can be repaired versus replaced
(5) The original Lease Agreement should be amended or have an addendum attached, as many aspects of the condominium unit may change
(6) Tenants and landlords may negotiate new terms regarding the Lease Agreement, rental period, and security deposit
5. Show mutual understanding or part ways amicably
(1) Landlords may temporarily suspend rent payments during repairs or offer another rental unit if available
(2) If deciding to terminate the lease (neither party should be considered in breach of contract), create a clear termination record signed by both parties with witnesses, specifying the termination date, key return, room handover, and security deposit refund
(3) Before terminating the lease, inspect the room together, taking photos or videos as evidence
Presented by real estate law experts:
Mr. Sarath Pavorndechapong
Ms. Nanthanat Saengthong
Event Details:
Date: March 19, 2025
Time: 7:00 PM - 8:30 PM
Format: Online via Zoom
Organized by: SIAM WORLD ESTATE
Join us for this informative session to gain valuable insights into Thailand's real estate laws specifically tailored for foreign buyers. Our expert speakers will address key legal considerations and answer your questions.
We look forward to your participation!
Thailand Institute of Scientific and Technological Research (TISTR) has appointed Mr. Thundthornthep Yamoutai as an advisor for organizational management and innovation organizational structure, effective February 10, 2025.
The appointment aims to drive TISTR's operations and advance science, technology, and innovation towards commercialization. In his advisory role, Mr. Thundthornthep will provide strategic guidance to ensure research outcomes and innovations can be effectively utilized and implemented. His expertise will support TISTR's mission to enhance operational efficiency and effectiveness in transforming scientific research into commercial applications.
The appointment aligns with government policies and national strategies to strengthen Thailand's scientific and technological capabilities through practical implementation and commercial development.
What is the Personal Data Protection Act?
The Personal Data Protection Act (PDPA) is a law enacted to protect the rights of individuals residing in Thailand, regardless of their nationality, as owners of personal data. It requires individuals and organizations to have duties and responsibilities in collecting, using, and disclosing personal data of data owners as specified by law.
However, collecting, using, and disclosing personal data for personal or family purposes does not require compliance with this law; provided that, it must not cause damage to the data owner. Although there may be no liability under this law, there may be liability under other laws.
What is "Personal Data"?
"Personal data" means any data, including sensitive data, that can identify the data owner, whether directly or indirectly. Examples include name, surname, address, photo, phone number, ID card, race, health information, criminal history, and sexual behavior.
“Related Party” Under the Personal Data Protection Act
1. Data Subject: A natural person who owns personal data and has rights under this law, including all citizens, such as company employees and individual customers. This does not include juristic persons or deceased persons.
2. Data Controller: A person or juristic person who is involved in the collection, use, and disclosure of personal data and has duties as specified by this law, such as organizations, agencies, and institutions.
3. Data Processor: A person or juristic person who is involved in personal data in accordance with the instructions received from the data controller, such as agencies or organizations that are contracted by the data controller to handle personal data.
4. Data Protection Officer (DPO): A person assigned to oversee data protection for the data controller by providing advice and auditing data protection for the agency or organization.
Consent
The law requires the Data Controller who intends to collect, use, and disclose personal data to be responsible for obtaining consent from the Data Subject before doing so. This should consider the purpose and necessity of collecting, using, and disclosing personal data, as well as the freedom of the Data Subject to consent.
The requested consent must specify the information as required by law, such as the purpose of collection, the types of personal data collected, the period of collection, information about the data controller, contact information for the data controller, and the rights of the Data Subject.
In the case of minors (under 20 years old), a guardian (such as a father or mother) must also consent. However, in some cases, minors can consent themselves, such as when entering into a contract which benefits them unconditionally.
In other cases where consent from the Data Subject is not required, personal data may be collected, used, and disclosed. This must be done for certain necessities, such as to prevent or mitigate harm to the life, body, or health of another person, to perform contractual obligations, for the public interest, or to comply with the law.
Rights of the Data Subject
1. Right to be informed
2. Right to withdraw consent
3. Right to access personal data
4. Right to correct inaccurate personal data
5. Right to erase personal data
6. Right to disallow to processing of personal data
7. Right to data portability
8. Right to object to processing of personal data
Penalties for Violating the Personal Data Protection Act
There are three types of penalties for violating the Personal Data Protection Act:
1. Civil liability: Pay damages of 2 times the actual damage
2. Criminal liability: A fine of up to 1 million baht and imprisonment of not more than 1 year
3. Administrative liability: A fine of up to 5 million baht
Filing a Complaint
The data owner can file a complaint with the Personal Data Protection Committee in case of a violation of the Personal Data Protection Act for consideration of the complaint and further action according to the Committee's policy.
Nanthanat Saengthong
A legal contract is an important document that has legal binding force. Reviewing the contract carefully and understanding its contents will help prevent disputes in the future. Here are some precautions to take when reading a legal contract:
1. Read the entire contract carefully.
Do not sign a contract just because you are in a hurry or being pressured. Read the entire contract carefully, especially the abbreviations, ambiguous language, and special conditions.
2. Understand the meaning of the contract.
If you do not understand any words or sentences in the contract, ask the person offering the contract or consult a lawyer.
3. Check important information.
Check important information in the contract, such as the names of the parties, details of the goods or services, price, duration, payment terms, warranty, and dispute resolution methods.
4. Ask questions.
If you have any questions about the contract, ask the person offering the contract until you understand.
5. Compare offers from multiple sources.
If possible, compare contract offers from multiple sources before making a decision.
6. Keep a copy of the contract.
Keep a copy of the contract for future reference.
Examples of precautions
Abbreviations: Contracts may contain abbreviations that stand for legal terms. Make sure you understand the meaning of these abbreviations.
Ambiguous language: Contracts may use ambiguous language that can be interpreted in multiple ways. Be careful not to interpret the contract in a way that is only beneficial to yourself.
Special conditions: Contracts may have special conditions in addition to the general terms and conditions. Make sure you understand these special conditions.
Consulting a lawyer
If you are unsure about any contract, consult a lawyer for advice. A lawyer will help explain the contents of the contract and help you make the right decision.
"LAS" / Legal Advance Solution
Email: [email protected]
Court of Appeal Special Labor Case No. 841/2562: A foreign employee was called into a room by their employer and supervisor and ordered to write a resignation letter. They were threatened with legal action under Thai law if they refused. The employee did not genuinely consent to resign.
Held:
The court held that the employer's actions constituted a "constructive dismissal" and a violation of the employee's rights. The employer was jointly and severally liable with the assistant director of the housing department for damages for the tort of 100,000 baht and for damages for unfair dismissal of 550,000 baht (10 months' salary).
Key Points:
Forcing an employee to resign against their will may be considered a constructive dismissal.
Employers may be held liable for damages for unfair dismissal.
The amount of damages awarded will depend on the specific facts of each case.
Legal Analysis:
The court's decision in this case is based on the following principles of Thai labor law:
Employees have the right to be treated fairly and with respect by their employers.
Employers are not allowed to terminate an employee's employment without a valid reason.
Employees who are unfairly dismissed are entitled to compensation.
In this case, the court found that the employer's actions in forcing the employee to resign were unfair and in violation of their rights. The court awarded the employee damages for both the tort of 100,000 baht and for unfair dismissal of 550,000 baht (10 months' salary).
Significance:
This case is a reminder that employers must be careful not to terminate an employee with unfair reason. If an employer does so, they may be held liable for damages.
The Shareholder Register for limited company "A simple matter that has become complicated." One of the pain points for company owners and shareholders is that they have never known what a Shareholder Register is, why it is necessary, and what it is used for?
Many shareholders understand that the list of shareholders submitted to the Department of Business Development, Ministry of Commerce (also known as Form Bor. Or. Jor. 5), is considered evidence and correct information of the names and addresses of shareholders.
In reality, according to the law, what shareholders in limited companies must know is that the Civil and Commercial Code has laid down important legal principles regarding the Shareholder Register in 4 sections, and the Act Determining Offences Relating to Register Partnership, Limited Partnership, Limited Company, Association and Foundation, B.E. 2499 (1956) in another 3 sections, as specified at the end of this article.
The Shareholder Register is required by law to be prepared by limited companies from the date of company registration and kept at the company's office. The Shareholder Register must contain the details as prescribed by law.
The important objective is to record all information about shareholders, whether it is name, address, number of shares, volume of shares held, as well as various items such as recording changes in the shareholder's own information or changes in the number of shares, trading or transfer of shares, pledge of shares, as well as various conditions of the prohibition on share transfer (with conditions) or conditions for share transfer that are intended to be notified to shareholders, etc.
The information contained in the Shareholder Register for limited companies shall be considered the most accurate and reliable. If the list of shareholders submitted to the Department of Business Development, Ministry of Commerce, contains statements that contradict or are inconsistent with the Shareholder Register, the company must adhere to the information appearing in the Shareholder Register as a priority, including the name and address for sending meeting invitation documents, which must refer to accurate and reliable information as required by law.
In social reality, most shareholders are unaware of and have not prepared a Shareholder Register for limited companies because they understand that the list of shareholders submitted to the Department of Business Development, Ministry of Commerce (also known as Form Bor. Or. Jor. 5), is considered evidence and correct information of the names and addresses of shareholders.
From this article, shareholders must know that limited companies are required to prepare a Shareholder Register because the law requires it to be done. The list of shareholders submitted to the Department of Business Development, Ministry of Commerce, is not sufficient, and the company may be subject to penalties as prescribed by law!
Civil and Commercial Code
Section 1138: A limited company must have a register of shareholders containing the following particulars:
(1) The names, addresses and occupations, if any, of the shareholders, a statement of the shares held by each shareholder, distinguishing each share by its number and the amount paid or agreed to be considered as paid on the shares of each shareholder;
(2) The date on which each person was entered in the register as a shareholder;
(3) The date on which any person ceased to be a shareholder;
(4) The numbers and date of certificates issued to bearer or to a named shareholder and the respective numbers of shares entered in each certificate;
(5) The date of cancellation of any name or bearer certificate.
Section 1139: The register of shareholders commencing from the date of the registration of the company shall be kept at the registered office of the company. The register shall be open to inspection by the shareholders during business hours, subject to such reasonable restrictions as the directors may impose, but not less than two hours a day.
It shall be the duty of the directors to send once at least in every year to the Registrar a copy of the list of all shareholders at the time of the general meeting and of all persons who have ceased to be shareholders since the date of the last general meeting. Such list shall include all particulars specified in the foregoing section and shall be sent not later than fourteen days after the date of such meeting.
Section 1140: Any shareholder is entitled to require the delivery of a copy of such register or any part thereof on payment of a sum not exceeding five baht.
Section 1141: The register of shareholders is presumed to be correct evidence of any matters directed or authorized by law to be inserted therein.
Act Determining Offences Relating to Register Partnership, Limited Partnership, Limited Company, Association and Foundation, B.E. 2499 (1956)
Section 10: Any limited company which does not have a register of shareholders as provided in Section 1138 of the Civil and Commercial Code shall be liable to a fine not exceeding 20,000 baht.
Section 11: Any limited company which fails to keep the register of shareholders or, upon request by the shareholders, fails to make such register available for inspection by the shareholders under Section 1139 paragraph one of the Civil and Commercial Code shall be liable to a fine not exceeding 20,000 baht.
Section 26: Any director of a limited company who fails to send a copy of the list of shareholders and of persons who have ceased to be shareholders under Section 1139 paragraph two of the Civil and Commercial Code shall be liable to a fine not exceeding 10,000 baht.
When entrepreneurs register a company with the government to start a business as a legal entity, the term "shareholder" inevitably comes to mind. This article will address some common questions and concerns that business owners may have regarding shareholders and provide guidance on how to navigate complex legal issues related to shareholding structures.
Common Questions and Solutions:
1. Why do I need to have other shareholders if I want to invest and be the sole owner of a company?
2. Does the law require me to have a "nominee"?
3. How can I maintain complete control over my company?
4. What can I do if another shareholder is only interested in investing money and does not want to participate in the management of the company?
5. What happens if a new shareholder buys shares from an existing shareholder without any notification?
6. What can I do if I give shares to an employee and they later resign, but they want to sell the shares back to me at an inflated price?
7. What can an investor in a startup do if they want to sell their shares once the business becomes profitable?
8. How can I attract investors to my startup without giving them control over the company?
9. How do I set up a holding company structure?
10. How can I structure my business and shareholding to minimize my risk and liability without breaking the law?
11. How can I own shares in a company without disclosing my identity?
All of the questions and solutions presented in this article are relevant to business operations, shareholder structure management, and business legal planning.
Business lawyers must analyze all information and simplify complex legal issues so that business owners can understand them without any misunderstandings between shareholders.
The art of structuring shareholders and drafting business agreements is a skill of business lawyer to solve problems and create solutions for all shareholders, based on the foundation of mutual business success.
1. Concepts of the Condominium Act, Hotel Act, Building Construction Laws, and Environmental Laws
Condominium Act:
• Focuses on protecting consumer who purchase condominium units for residential purposes.
• Controls advertising for the sale of condominium units.
• Separates common areas for residential and commercial condominium units.
• Requires co-owners to pay for common area expenses in proportion to their ownership ratio.
• The juristic person of the condominium has the duty to manage and maintain the common areas.
• The provision of benefits in the common areas must be approved by a resolution of the general meeting of co-owners.
Hotel Act:
• Hotel operators must obtain a license.
• Must submit a construction permit specifying the hotel purpose and number of hotel rooms.
• Condominium buildings can apply to operate a hotel business.
• Problem: The Land Department may interpret this as being contrary to the Condominium Act.
Building Construction Laws:
• Focus on the safety of building users.
• Large buildings must apply for a construction permit according to the conditions of the Building Control Act and ministerial regulations.
• Developers must strictly comply with the laws.
Environmental Law:
• Controls safety, air, water, noise, and other environmental pollution.
• Mixed-use projects must/may undergo an environmental impact assessment (EIA).
• Developers must comply with environmental standards and monitoring report of EIA.
2. Legal Issues
• Each law is separate and there is no integration.
• Some laws are outdated and not in line with business development and cost of living.
• There are legal loopholes leading to inconsistent interpretations.
• The permit application process is complicated and time-consuming.
• High project development costs.
3. Solutions
• Enact a specific law for mixed-use projects.
• Integrate related laws into a system.
• Update the law to be modern and in line with social changes.
• Set clear guidelines to reduce legal loopholes.
• Develop a convenient and fast permit application system.
• Support the development of sustainable and environmentally friendly projects.
4. Conclusion
The laws related to mixed-use projects still have many limitations. Amendments are needed to develop projects efficiently and sustainably.
“LAS” Legal Advance Solution
