Thailand Legal and Business News: June 2010

Supreme Court Opinions

GROUNDS FOR DIVORCE
Mrs. Prapai Tanonkaew vs. Mr. Kitipoom Phetyoi

The Defendant sent a letter of complaint to the Plaintiff’s superior and instructor that the Plaintiff committed adultery with other woman. This matter is regarded as the personal behavior of the Plaintiff. The Defendant who is the wife of the Plaintiff has the right to express her love and jealousness upon her husband. Her request to the Plaintiff’s superior and instructor to admonish the Plaintiff to think of his family is not regarded as humiliating the Plaintiff’s reputation. No severe disciplinary punishment was executed.

SUBLET AGREEMENT TRANSFER THE LEASED PROPERTY
Ms. Suwanna Sae-heur vs. Mr. Komrat Maliwongse

The 30 years land leased contract indicated that leased for construction the buildings and there was no tea money for the lease. T, the former lessor and the three Defendants did not designate the construction period and the amount of the buildings that the three Defendants is going to build up on the leased land. From the contract, it is cleared that the three Defendants have right to construct the building in any quantity and at any time during the leased period. And in setting the new agreement on constructing period.

NON-MONETARY DAMAGES AND ACTING ON BEHALF OF A MINOR
Mr.Chaot-uthai Fuungsiriviboon vs. Mr. Boonruen Netniyom

The plaintiff claims for compensation in cause of action on tort. The defendant argued that the plaintiff’s lawful father made a contract of compromise regarding damages so there is no current right to claim the compensation of the plaintiff. The Court judged that the legal representative of the Plaintiff made the contract of compromise relating to the property of the minor without Court consent which is a void act. The right to claim has therefore not expired.

Credits:

This article has been prepared with the assistance of Chaninat & Leeds, an American law firm in Bangkok. Their services include corporate registration and matters of family law, as well as K1 visa Thailand.

Thailand Legal News Updates:

NEWS :

Juthamas Told of Corruption Charges

18 June 2010

Juthamas Siriwan, former governor of the Tourism Authority of Thailand, has been charged with corruption. The charges stem from her allegedly accepting bribes from an American couple in exchange for the rights to run the Bangkok International Film Festival.

The Thailand National Anti-Corruption Commission informed Juthamas of the charges against her, but had yet to receive a response to the accusations.

The US, however, had charged Juthamas earlier in the year with conspiracy and eight other counts under the Foreign Corrupt Practices Act (FCPA). The FCPA prohibits US businesses from offering bribes in foreign countries. Juthamas has not been extradited to stand trial in the US.

Related Articles:

Foreign Corrupt Practices Act and the Thailand Film Festival

Tax Breaks for Regional Headquarters Approved

3 June 2010

The Thai Cabinet has approved tax breaks and incentives for foreign and Thai companies that are setting up regional operating headquarters (ROH) in the country.

The new measures were approved on Tuesday and extend an incentive program that has been in existence since 2002.

The new tax package intends to attract foreign investment for ROH through: no corporate taxes for 15 years for income from services to companies outside Thailand; income for services to domestic companies will maintain a 10% corporate tax rate (compared to the standard 30%) for 15 years.

In order to qualify, companies must have a registered capital of at least Bt10 million, spend at least Bt15 million in setting up their offices and management in Thailand and invest Bt30 million baht.

Foreign nationals that are working for ROH will be eligible for personal income tax reductions of 15% for eight years, as opposed to the current four year break. This reduced personal tax rate applies only to staff of ROH that generate at least half of their income from services to companies outside Thailand.

One-hundred companies currently have their ROH located in Thailand and this number is expected to double with these current approved tax breaks and other incentives.

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