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Can a foreigner be a Juristic Person in Thailand

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Can a foreigner be a Juristic Person in a moo ban (President/Chairperson) ?. If that's possible is there any requirement in the immigration law for a work permit ?. As I understand foreigners are aloud to sit in a committee but not as the Juristic Person. Please correct me if I'm wrong

 

Regards

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A juristic person is any individual, group, or other entity having legal rights and duties. The juristic person is not necessarily even human. The specifics of who or what is considered a juristic person depends on the situation and relevant law. The 'juristic person' associated with a Thai condo development, is I believe normally considered the condominium management and committee as a whole. Some of its components may well be foreign nationals. I stand to be corrected on this.

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I know of two foreigners that have been accepted by land office as juristic manager. One of them still is and is doing a wonderful job taking over due people to court getting back hundreds of thousands.  I call him super falang.

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As far as immigration law is concerned, if the person is being employed by an employer to do a job then they would need a work permit whether paid or unpaid. Otherwise they would need permission to work if it's considered an occupation in terms of job, business, means of making a living.

 

If the position is unpaid and doesn't involve formal employment I would expect it wouldn't need permission. The local labour office would be able to confirm.

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A juristic manager of a condo usually employs a thai building manager to work on his or her behalf thus avoiding the work permit requirement.

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A Juristic Person is not a person. It's a thing, a legal construct which represents a group.

 

In a condo or mooban, a Juristic Person is represented by a Juristic Manager, a person chosen by the Committee and approved by the Land Office. This can be a farang, but (I believe) it needs to be one of the unit/property owners. 

 

I served as a Committee member for a while but I declined the role of President. I did not want to be involved in banking or the signing of contracts (e.g. guard services). To me, those actions could too easily be categorized as work by the Labor ministry.

 

As an aside: the Juristic Manager's role is to sign legal documents as directed by the Committee. That's all. But, so many condos employ the Juristic Manager to also be the Business Manager. This is a terrible mistake. Way too often, that person, able to do so much without scrutiny, will take the money and run.     

 

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We had one some years ago but changed to Thai national.

It is very difficult for a foreigner to get support and help at Gov, offices if one does not

speak Thai perfectly. If you take on a Thai make sure you write a good job description, otherwise he will tell you only the Thai condominium act is relevant. Your COC can add anything you want as long as it conforms with the Thai condo act - law. Normally big Land departments have one Person in charge for Condominium Act of Thailand. They can help. 

Also the Condo act of Thailand is available in English on the website.

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27 minutes ago, mahjongguy said:

A Juristic Person is not a person. It's a thing, a legal construct which represents a group.

 

In a condo or mooban, a Juristic Person is represented by a Juristic Manager, a person chosen by the Committee and approved by the Land Office. This can be a farang, but (I believe) it needs to be one of the unit/property owners. 

 

I served as a Committee member for a while but I declined the role of President. I did not want to be involved in banking or the signing of contracts (e.g. guard services). To me, those actions could too easily be categorized as work by the Labor ministry.

 

As an aside: the Juristic Manager's role is to sign legal documents as directed by the Committee. That's all. But, so many condos employ the Juristic Manager to also be the Business Manager. This is a terrible mistake. Way too often, that person, able to do so much without scrutiny, will take the money and run.     

 

Agree. My condo has a rogue Juristic/building/cheque signing manager who is grafting at will.

We have just had an emergency meeting to kick him out but it's a frustrating experience. Land office, police and bank aren't concerned about grafting at all and it seems like it's a legal accepted practice.

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Also my rogue manager is refusing to present bank books. This is not covered in Thai condo act. Does anybody know of any laws relating to this issue?

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13 minutes ago, stud858 said:

Also my rogue manager is refusing to present bank books. This is not covered in Thai condo act. Does anybody know of any laws relating to this issue?

Since your questions are best answered on the real estate forum I moving this topic to there.

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The bank books are the property of the Juristic Person as represented by the Committee. If they are not produced by the Juristic Person Manager or the Business Manager immediately upon request, you should notify the police. The Committee should then proceed to dismiss the Business Manager without notice. If the JPM is at fault, then the Committee should call an emergency association meeting and vote to remove him/her from office.

 

 

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17 minutes ago, mahjongguy said:

The bank books are the property of the Juristic Person as represented by the Committee. If they are not produced by the Juristic Person Manager or the Business Manager immediately upon request, you should notify the police. The Committee should then proceed to dismiss the Business Manager without notice. If the JPM is at fault, then the Committee should call an emergency association meeting and vote to remove him/her from office.

 

 

Police notified and report made but no action from them. Emergency meeting had and days away from being notified by land office that new juristic accepted. It has been as if those with I'll intention have been supported by authorities. Very disappointing. Still would be good to know if there is written law regarding JP and bank accounts handling.

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Does anyone on the Committee have signatory power on the bank accounts? Have they been to the bank to request the current balance? Have they shown the police report and requested replacement bank books and statement printouts?

 

Just FYI, standard procedure is that each of the five Committee members is named on the accounts and a minimum of two signatures is required for withdrawal. The JPM is often one of those Committee members but cannot withdraw money without a second signature. Even so, this does not prevent a corrupt JPM or Business Manager from simply failing to make cash deposits (usually from association fees). That simple trick cost our little mooban half a million baht this year.

 

 

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JM has one other on his side for signing. Other committee members have deserted and become complacent and non helpful.


I should make a YouTube documentary on this. People will laugh and cry.

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