Learn more about Phuket law firm

◊  Premium Legal Services in our Phuket law firm

Our law firm is fully dedicated to offering incomparable services to numerous individuals and businesses in the location of Phuket. The property market has been booming in the past five years in the Patong, Laguna, and Karom regions, and hence more expatriates have come seeking legal consultation and guidance . Benoit and Partners Law Firm is a diversified legal firm that has a long-time solid reputation as a property and construction specialist in Phuket. We have swiftly transferred thousands of condominiums, villas, and apartments to foreign investors.

Our firm also offers advice on circumstances that might turn out to be full of risks, legal problems, and possible pitfalls in property transfers. Phuket has specialised government branches such as the Land Department and the Department of Commerce. Our team at Benoit and Partners Law Firm is committed to providing you with bespoke services so that you get served to the full. Our law firm specialises in company registration, corporate law, accountancy, property law, civil, and commercial litigation. Our lawyers also take comprehensive control of our client’s matters until the case is solved to the end.

◊ Lawyers in our Phuket law firm specialized in Property

Before legislators can seize your properties, our law firm makes sure you have conducted comprehensive due diligence. More particularly, it confirms that the property is free of encumbrances such as liens, charges against it, or building constraints. Whether you purchase a new house, condominium or villa, our extensive property legal services will exceed your anticipation. We do a comprehensive investigation of any due diligence, an in-depth title search, and we draft and review purchase and purchase agreements. 

◊  Register your company in Phuket

To sum up, the following is the general procedure of the company registration in Phuket, Thailand:

• Reserve the company name: The client provides three names for the future company, listed in order of preference
• File Memorandum of Association: The company files the Memorandum, which shows the company’s objectives, authorized capital, and details of the shareholders
• Organise a statutory meeting: After filing the Memorandum of Association, the company must organize a statutory meeting that will be attended by the shareholders and the directors of the company for the approval of the company’s constitution and the appointment of the directors
• Register for corporate tax and VAT: Every company in Thailand must register for corporate tax and more often  VAT. If the company’s annual income is below a certain amount, then it does not need to register for VAT.
• Obtain Business License, or Board of Investment: If the company is 100% foreigner-owned, the foreigners can obtain the Business License or apply for Board of Investment to obtain 100% non-Thai control.

It should be stressed out, that the above-described process of registration of a company in Phuket, Thailand, is general and might be different depending on the business and the party involved. Thus, it is highly recommended to contact a well-reputed law firm or a company that provides various service for the registration of a company in Phuket since the laws and regulations are diverse and very sensitive.

◊ Condominium ownership legal services

Phuket Condominium is a common form of property ownership for foreign nationals considering investing in real estate in Thailand. However, purchasing and having a condominium can be a multi-step and challenging process highlighting the need for a full comprehension of the local law. In Thailand, Freehold land of condominium by a foreigner is a simple process.

• The condominiums must be under the Condominium Act, and only 49% of the total area should be sold to the foreigner as freehold.
• For the purchase, we need the time to purchase a Foreign Exchange Transaction Form to present .
• There are two categories of residential property in Thailand, only condominiums allow foreigners to get full ownership The FET is mandatory to understand the legitimacy of the prop of funds; exceptions are available.
• An Environmental and height limitation applied, and a Thai company, 100% owned by foreigners, can buy it .
• Leasehold is another solution when 49% of the land has already been sold, but it carries some risks, particularly in trading.
• A foreign company can also buy the condominium; some taxes are to be paid in addition at the time of purchase.
• The renting is generally allowed; it is all but challenging to buy a loan in Thailand, which requires us other financial sources. Generally, it is acceptable to deduce that.
• Suppose you consider condominium possession in Thailand as required. In that case, one should rely on professional assistance since many laws and regulations should be followed. Benoit and Partners Law Firm can significantly assist you with its expert legal services.

Documents and Procedures: 

• Before purchasing: We review title deeds, building permissions, and contracts to make sure we are conducting complete due diligence. We then draft and review agreements, ensuring that they fully safeguard your interest. We also organize the registration of the property with the Phuket Land Department.
• Afterwards: we provide you with advice on how to manage your condominium on a regular basis. This includes information about insurance, maintenance, local taxes, and the principles of legal liability as a Proprietor. Finally: if any issue arises, our litigation lawyers will help them to resolve them, making sure that you are treated in a proper and just manner.

◊ Villa Ownership services with our Phuket law firm

The process of buying a villa in Thailand for a foreigner is full of pitfalls when one needs to know and follow the local law.

•  Be aware of deposits and conditions: while buying a villa in Thailand, most sellers ask for a 10-percent deposit to reserve the property. Below, this figure will be deducted from the contract’s total cost, but it must be declared in the contract under specific terms. If the conditions are violated, the seller has the right to retain the deposit.
• Property Loan in Thailand: Thai property loans for foreign buyers are few and far between. Foreigners are entitled to loans if they earn a stable income in Thailand with proper work permits, have a Thai PR permit, or are married to a Thai person. Each of these options has certain terms of approval and limitations.

Buying a villa in Thailand as a foreigner is a complicated process, and a foreign buyer should know every point of the potential contract and responsibility. From a small deposit to a loan, a possible buyer must be aware of all contractual terms and conditions.

◊ Land Ownership services with our Phuket law firm

Ownership of land in Thailand is a very sensitive question, added great complexity for foreigners. For many years Thai law mostly prohibited non-Thai people from ownership of land. However, in recent years new laws have been adopted that allow the purchase and ownership of land in Thailand by foreigners under specific conditions. Benoit and Partners Phuket Law Firm provides specialized legal support in this area.

• Eligibility and Restrictions: Foreigners may purchase up to 1 Rai , approximately 1,600 square metres, 0.16 hectares, or 0.4 acres. The purchase involves an investment into Thailand in the sum of forty million Thai Baht within the period of 3 years. Foreigners who have invested into Thailand and kept a sum of 40 million Baht in the country for 5 years may receive a valid agreement of the Board of Investment for the purchase of 1 Rai of property in the name of the registrant, though it may allow residential purposes only.
• Land Title Search: Before conducting any transaction, we search all backgrounds ensuring that the title does not have any encumbrance or restriction.
• Contract Drafting and Review: Our law firm performs the contract drafting and legal review of all the necessary steps for a safe and secure acquisition or lease.
• Property Registration: Our legal firm carries out all the legal procedures for the land registration with the Phuket Land Office to ensure the legal authenticity of the process.
• End of the right to use the land: The legal resolution for foreigners is to lease the land for a long term, the maximum lease agreement is 30 years and the registration should be happen in the Thai land office. At the end of it, this agreement has to be renewed for another 30 years and so on (at the discretion of the landlord).  

◊ Lawyer in our Phuket law firm specialized in Immigration

Immigration to Thailand, and Phuket in particular, can be a complex and confusing process. Whether you are looking to move to Phuket for work, business, retirement, or simply to enjoy the beauty of the island, our specialist immigration team at Benoit and Partners Phuket Law Firm are here to help.

Visas and Work Permits

 We guide you through the process of applying for different types of visas and work permits, ensuring that all documents are properly prepared and submitted.

Visa Extensions

 We help you understand your options for extending your stay in Phuket and prepare the necessary documents for the visa extension.

Regulatory Compliance

 We help you understand and comply with local immigration laws and regulations, including reporting requirements.

Citizenship and Permanent Residence Services

For those seeking long-term residence in Phuket, we offer advice and assistance in the process of applying for permanent residence or citizenship.

Assistance with Immigration Problems 

If you encounter any immigration-related problems or challenges, our specialist lawyers are on hand to represent you and work towards a resolution

Considering immigration to Phuket is an exciting opportunity to enjoy one of the most appealing locations in Thailand. However, this process is intricate and challenging, requiring a profound insight into local law and other related regulations. Our qualified and experienced specialist team at Benoit and Partners offers you tailored and exceptional legal services to guarantee that your immigration will be successful. With a blend of experience in immigration law and a dedication to excellence, we will always be your perfect acquaintance when it comes to the legal landscape of Phuket immigration.

Our law firm has a presence in multiple cities across Thailand. Our offices are located in Bangkok, Koh Samui, Phuket, and Pattaya, ensuring that we are accessible to our clients no matter where they are. Whether you need assistance with business law, immigration, real estate, or other legal matters, our experienced team is here to provide expert guidance and support throughout the country.