Notary Public in Thailand. In the realm of legal and business transactions, the role of a Notary Public is pivotal in ensuring the authenticity and legality of documents. Thailand, a hub for international business and commerce, has its own system of Notary Public services, playing a crucial role in certifying and validating various legal documents. This article explores the significance, functions, and the process of notarization in Thailand.

I. Understanding the Notary Public in Thailand

A. Definition:

1. A Notary Public in Thailand is a qualified legal professional authorized to authenticate documents, administer oaths, and witness signatures.
2. Notaries in Thailand play a crucial role in verifying the legitimacy of documents for use both domestically and internationally.

B. Appointment and Authority:

1. Notaries in Thailand are appointed by the Ministry of Justice and operate under the authority of the Ministry.
2. Their authority extends to witnessing signatures, certifying copies of documents, and administering oaths or affirmations.

II. Functions of Notary Public in Thailand

A. Witnessing Signatures:

1. Notaries witness the signing of documents, verifying the identity of the signatory.
2. This function is crucial for legal documents, contracts, and affidavits.

B. Certifying Copies:

1. Notaries can certify copies of original documents, affirming that they are true and accurate reproductions.
2. This is often required for academic transcripts, passports, and other vital records.

C. Administering Oaths and Affirmations:

1. Notaries administer oaths or affirmations to individuals making sworn statements.
2. This is common in affidavits, statutory declarations, and legal affirmations.

D. Notarization for International Use:

1. Notaries in Thailand often notarize documents intended for use in international transactions.
2. This includes documents for business transactions, real estate deals, and legal proceedings.

III. The Notarization Process in Thailand

A. Document Preparation:

1. Ensure all documents are prepared and reviewed before seeking notarization.
2. Documents must be clear, complete, and in compliance with Thai legal standards.

B. Personal Appearance:

1. The individual seeking notarization must appear in person before the Notary Public.
2. This is to verify the identity of the person and witness the signing of documents.

C. Verification of Identity:

1. The Notary Public verifies the identity of the person signing the document through government-issued identification.
2. This is a crucial step to prevent fraud and ensure the authenticity of the signature.

D. Notarial Certificate:

1. After the document is signed, the Notary Public attaches a notarial certificate, affirming the authenticity of the signature.
2. The certificate includes the Notary's seal, signature, and relevant details.

E. Record Keeping:

1. The Notary Public maintains a record of the notarized documents.
2. These records are kept for a specified period and can be used for verification purposes.

IV. Importance of Notarization in International Transactions

A. Acceptance in Foreign Jurisdictions:

1. Notarized documents are widely accepted in foreign jurisdictions.
2. This is crucial for international business, legal proceedings, and cross-border transactions.

B. Legalization and Apostille:

1. Notarization is often a prerequisite for further processes like legalization or obtaining an Apostille for international use.
2. These additional steps ensure the document's validity in other countries.

V. Conclusion

In Thailand, the role of the Notary Public is fundamental in upholding the integrity of legal documents and facilitating smooth international transactions. Whether for business agreements, real estate transactions, or legal affirmations, notarization adds a layer of authenticity that is recognized and respected globally. Understanding the functions and the process of notarization is essential for individuals and businesses engaged in cross-border activities, ensuring the legality and acceptance of their documents in the international arena.

In the intricate landscape of legal and business dealings, the Power of Attorney (PoA) emerges as a valuable legal instrument, granting an individual the authority to act on behalf of another. Thailand, with its dynamic business environment and international engagements, recognizes and regulates the use of Power of Attorney. This article navigates through the nuances of Power of Attorney in Thailand, elucidating its significance, types, and the process of execution.

I. Understanding Power of Attorney in Thailand

A. Definition:

1. Power of Attorney is a legal document that authorizes an individual, known as the "agent" or "attorney-in-fact," to act on behalf of another person, the "principal."
2. The authority granted can be broad or specific, and it may be temporary or enduring.

B. Importance in Legal Transactions:

1. Power of Attorney is a crucial tool for facilitating various legal and business transactions, especially when the principal cannot be physically present.

C. Types of Power of Attorney in Thailand:

1. General Power of Attorney: Grants broad powers to the agent, allowing them to perform a range of actions on behalf of the principal.
2. Specific Power of Attorney: Limits the agent's authority to specific actions or transactions defined in the document.
3. Limited or Special Power of Attorney: Grants the agent authority for a specific purpose and a limited time frame.
4. Durable Power of Attorney: Remains valid even if the principal becomes incapacitated.
5. Non-Durable or Ordinary Power of Attorney: Becomes invalid if the principal becomes incapacitated.

II. The Power of Attorney Process in Thailand

A. Drafting the Document:

1. The principal or their legal representative must draft the Power of Attorney document.
2. The document must clearly specify the powers granted, the scope of authority, and any limitations.

B. Choosing the Agent:

1. The principal selects a trustworthy individual to act as their agent.
2. The agent should be someone with the capability to fulfill the responsibilities outlined in the Power of Attorney.

C. Notarization and Certification:

1. The Power of Attorney document must be notarized by a Notary Public in Thailand.
2. Notarization ensures the authenticity of the document and is often required for legal recognition.

D. Translation (if applicable):

1. If the Power of Attorney is drafted in a language other than Thai, it may need to be translated into Thai.
2. The translated document should be attached to the original for legal validity.

E. Legalization (if applicable):

1. For international use, the Power of Attorney may need to be legalized by the Ministry of Foreign Affairs or obtain an Apostille.
2. Legalization ensures the document's recognition in other jurisdictions.

F. Registration (if applicable):

1. Certain types of Power of Attorney, especially those related to real estate transactions, may need to be registered with the local Land Office.
2. Registration adds an additional layer of legal validity.

III. Uses of Power of Attorney in Thailand

A. Real Estate Transactions:

1. Facilitating the purchase or sale of property on behalf of the principal.
2. Signing contracts, obtaining permits, and handling related transactions.

B. Financial Matters:

1. Managing bank accounts, conducting financial transactions, and handling investments.
2. Dealing with tax matters and filing on behalf of the principal.

C. Legal Representation:

1. Representing the principal in legal proceedings, litigation, or negotiations.
2. Signing legal documents and agreements on behalf of the principal.

D. Business Transactions:

1. Acting on behalf of the principal in business negotiations, partnerships, or contractual agreements.
2. Handling corporate matters, signing contracts, and making business decisions.

IV. Conclusion

Power of Attorney in Thailand is a powerful legal tool that empowers individuals to navigate legal, financial, and business matters efficiently. Understanding the types, process, and uses of Power of Attorney is crucial for individuals and businesses engaged in diverse transactions. Whether facilitating real estate deals, managing financial affairs, or representing someone in legal matters, a well-executed Power of Attorney ensures that actions are taken with the legal authority and consent of the principal. It stands as a testament to the legal sophistication of Thailand, providing a framework for secure and effective delegation of authority in various aspects of life and business.

Thailand has become an international hub of trade and commerce, and as a positive, as this may be, there are difficulties that come with the territory. The two we are going to be addressing are fraud and debt recovery.

Regardless of the type of fraud encountered, a skilled lawyer will be able to do the following for their client.

• What should be done before litigation.
• What must be done during litigation and if the outcome was favourable.
• How the client must enforce the judgment of the Thai court.

Fraud In Thailand 

First, we are going to look at what constitutes fraud in Thailand. According to the Thai Penal Code and the Civil and Commercial code, fraud is defined as follows:

“Both Codes state that a person is deemed to have committed fraud by either obtaining property from another person through deception or concealment of facts or by preventing creditors from receiving debt repayments.[1] In addition, provisions found under Sections 352-356 of the Penal Code address crimes involving embezzlement,[2] while Section 39 of the Accounting Act B.E. 2543 (2000) provides criminal liability for those who intentionally make false entries or alter existing entries with fraudulent intent, or neglect to correct false entries.”

As stated above, fraud in Thailand can be either a criminal or civil offense or both depending on the severity, and the punishments can range from fines to imprisonment. Here is a further breakdown of actions considered fraud under Thai law in broad terms:

“If a person conceals information which should be revealed and as a result obtains a property from another party dishonestly”

OR

“Deceives another party and causing this party to execute or destroy a document of right, they are said to have committed a fraudulent act, under Thailand Penal law.”

Civil Fraud Cases

Civil cases commonly involve property and commercial disputes, personal disputes, employment actions, divorces, wrongful acts as defined by the Thai court system, and the recovery of debts. These types of cases may be settled through mediation and out of court. Usually, this involves reimbursement of funds, suspension from trading, and/or fines.

Criminal Fraud Cases

Criminal acts of fraud are when the Thai authorities become involved, from police, the courts, and the penal system. This is when the services of a criminal lawyer will need to be employed.

The term fraud constitutes a variety of offenses under Thailand law that can be punishable under the Thai Penal Code. Some of these include asset misappropriation, cybercrime, bribery and corruption, identity fraud, insurance, and property fraud.

The punishments for criminal acts of fraud in Thailand can include but are not limited to: imprisonment, fines, and asset forfeiture.

When taking action to file a case of fraud, the correct method is to appoint a lawyer who specialises in both criminal and civil law. A fraud case may be filed either through the Attorney General or via a private lawyer. This should be done as quickly as possible, as with all legal claims.

Debt Recovery In Thailand

We discussed fraud earlier and debt recovery does fall under this category. Most cases of debt recovery are filed at the civil level and can be settled under the regulations of such cases.

There are certain exceptions where it may also be prosecuted at a criminal level, where a debtor attempts financial dishonesty.

The following steps may be taken to collect the funds owed by the debtor: Garnishing of the debtor's salary, seizing assets, and selling them off to settle the outstanding amounts. This includes settling additional fees and interest accumulated.

A debtor does have the right to file a bankruptcy claim against a creditor however the outcome will be determined by and is restricted to the Thailand Bankruptcy Court.

What Happens Next?

Debt recovery happens to Thai nationals, foreigners, local and international companies for a variety of reasons.

After the need for debt recovery has been established, the process can be difficult to complete due to debtors refusing and ignoring multiple attempts to recover the outstanding funds.

This can cause the debt recovery to slow to a crawl as the parties involved have reached a stalemate and no payment towards the debt is being made.

Once this happens, the following steps must be taken:

Legal services must be employed to begin the process of sending a letter of demand to the debtor, failing a response or refusal to pay, the case can then proceed to the litigation phase under fraud law in Thailand.

Gather evidence to prove that a loan was made and not paid back. The type of evidence given depends on the amount of money loaned. If the amount borrowed was 2,000 baht or less, the only evidence needed is that a witness testify that the loan took place. For amounts of 2,000 baht or more, proof of the loan in the form of signed contracts and documents must be presented with the signature of the borrower.

From here litigation can begin in either a civil or criminal setting as advised by the lawyer employed.

A few final points of interest on debt collection in Thailand for a foreigner: debts are not subject to compound interest, meaning that the interest on the original loan does not increase. Debt payments can be made in other currencies, in the amount set by the exchange rate. 

 Conclusion

Fraud allegations must be taken seriously, and companies and individuals should seek professional advice for handling fraud allegations. Although the legal process can be time-consuming, taking legal action whether defending allegations or having them prosecuted, the correct legal team will make all the difference in securing the best outcome of the case.   The same applies to debt recovery, where although it can be a time-consuming and at times ugly process, the correct legal options must be explored with the lawyer handling the litigation.

If you are looking for an experienced Notary Public in Bangkok, then you have come to the right place. The benefit of having your essential legal documents processed by a Notary Public is that they are internationally recognised.

You will not need to be concerned whether international and local authorities will not accept your notarised documents by a Thailand Notary. The services of a Notary Public are broad and comprehensive.

In Thailand, if a Thai attorney wants to register as a Notarial Service Attorney, they must pass a specific training course before being permitted to offer notarial services.

What does a Notary Public do?

A Notary Public is an attorney who has been authorised by the Supreme Court of Thailand, located in Bangkok. It is the highest Thai court of justice, covering both criminal and civil cases for the entire country.

Certain documents must be drawn and attested (certified) by a notary by law. Any legal document must meet the minimum requirements to be notarised. These requirements may include a stated commitment (on the parts of the parties involved), original signatures from the same, and photo identification.

Suppose any legal document (such as those issued by the government) does not meet the necessary requirements or the identity of the owner document owner. In that case,n, then a notary may refuse to authenticate the document. 

But if the notary is satisfied that the documents meet all the requirements, then they award a notarial certificate, signing and attaching their seal to the document.

These documents are known as notarial deeds. A Notary Public is also authorised to serve as an impartial witness to the signing of legal documents such as those regarding:

• Deeds
• Estates 
• Power of Attorney
• Affidavits
• Trusts

The types of documents you would need to have certified are:

• Banking documents
• Loan documents
• Letter documents
• Copies of passports and ID cards
• Birth, Death, Marriage(ante and post-nuptial) certificates
• Divorce certificates
• Company documents
• Copies of original documents (attested to be true)
• Educational documents (such as degrees)
• Proof of address in Thailand
• Translated documents

When a Notary is verifying and certifying documents, they will also need to verify the following:

1. The identity of the person/s appears before them.

• This is done either by a personal acquaintance (having actually met you) or by referencing proof of identities such as your driver’s license or passport. 
• When you have been verified, you will be recorded in their register.

2. The soundness of mind of participating parties.

• Especially in the instance of notarising deeds, estates, marriage and divorce certificates, and loans, the Notary Public will need to verify that the participating party understands clearly what they are signing and why. 
• Their state of mind should be verified before, during, and after the signing. Signing parties may not be intoxicated, medicated, or in any situation that impairs their judgment.

3. Legal age of the participating parties.

• In the instance of entering into a legally binding agreement, such as marriage, death, financial loans, etc., the Notary Public will need to verify that the signing party/s are of the country’s legal age.

 

4. Participating parties are all willing signers.

• The Notary will have to verify that the participating parties are both willing and capable of signing legal documents. There are no signs of coercion from anyone else present.

Why do you need a Notary Public?

A Thai Notary Public is held to a higher standard of care than a regular attorney. The ethical nature of the services they render and the specialist knowledge that is required for them to do such work holds the office of a Notary Public in high esteem.

You will need a Notary Public to:

• Witness signatures
• Identify fraud
• Draw and attest contracts and statements
• Authenticate the validity of certain documents
• Take affidavits and statutory declarations
• Take acknowledgement of deeds and other conveyances
• Providing notice of foreign drafts
• Administer oaths and affirmations 

There are certain documents that by law are required to be notarially executed, which then require that the Notary Public not only drafts the documents but also has to be present to witness the signing of those documents.

As previously mentioned, these documents are called Notarial deeds, which are kept in the Notary Public’s safekeeping. A Notary Public must keep a protocol and register all the documents they draft and attest to.

The importance of notarisation

The primary function of notarisation is that it has a legal impact on the document presented. In fact, any private document that has been notarised in any form is converted to a public instrument.

This means that the notarised document, which is yours personally, is now validated and rendered acceptable for the use of public actions. These actions can include an authenticated copy of your passport by a Thai Notarial Service Attorney will be accepted by the relevant government authority in travel document applications.

The same applies to any personal contract such as a deed or company contract. Once notarised, the agreements on the contract are enforceable and recognised by law because the Notary’s signature serves as proof of the legality and authenticity of the document.

What is a Notary Seal?

A notary seal is an impression of the Notary Public either on an inked stamp or a crimping embosser. The seal is used to authenticate the Notary’s signature and to make the notarial act official.

A legitimate Notary Public will have a stamp or embosser that contains their commission information.

Do notarised documents expire?

The actual notarisation seal and signature of a Notary Public do not expire in as much as the Notary is legally authorised to render their services.

Documents are constantly changing and need amendments, or by their nature have expiration dates, such as passports, driver’s licenses, etc. There will be an expiration date present on the Notary Seal in these instances.

While the date shown on the seal during the notarisation period is valid, the verified documents will also be valid. Governments have their own validity periods for which the certification of legal documents will be accepted. 

Once that period has expired, you will need to get your documents certified again.

If you are ever accused of a criminal offence in Thailand, the best thing you can do is immediately get in touch with a criminal defence lawyer. The justice system in Thailand is quite complex and may be difficult to understand, especially for foreigners. 

While you may think the case that you are facing is not too hard to deal with on your own, a simple mistake can lead to legal consequences that could change your life. This is why it will always be in your best interest to hire a well experienced criminal defence lawyer whenever dealing with a criminal case.

How Does the Criminal Justice System Work in Thailand 

While the Thailand Justice System is similar to several countries' systems worldwide, a few essential factors differentiate this system. In Thailand, there is a criminal code and other laws to which citizens must adhere. However, if anyone does not obey these laws and infringes on this code, they will face a criminal trial. 

According to the Thai Justice System, for a trial to result in jail time, there has to be concrete proof to convict someone in a trial. The citizen who has been accused also has other fundamental rights, including the right to defend themselves and present evidence. You also have the right to hire a criminal defence attorney who can defend and advocate for them during a police investigation and trial. This is why it will be in your best interest to hire an experienced Thai criminal defence lawyer if you face a criminal charge in Thailand. 

What does a Criminal Defence Lawyer do?

 A criminal defence lawyer defends clients that have been accused of a crime. This includes a wide variety of criminal offences. The criminal defence lawyer's job is to make sure that their client is given a fair trial in court and defend to the best of their ability. Criminal defence lawyers have many duties, including: 

• Defending the client during a police investigation 
• Analyzing documents about the case, including witness reports, evidence reports, police reports, and more. 
• Researching to plan how to defend the client in court best
• Drafting legal documents and completing necessary legal paperwork 
• Representing and defending their client to the court in pleadings
• Compiling a defense for the client, which the criminal defense lawyer will present to the court

However, these are just some of the primary duties of a criminal defense lawyer and depending on the case and the criminal offence you are facing, these may change. 

4 Benefits of hiring a Criminal Defense Lawyer

Whether you have a good understanding of the Thai Justice system when properly defending yourself in court, hiring well-experienced professionals will always be best. Here is a list of just a few benefits that you will experience from choosing to hire a criminal defense lawyer:

1. Criminal Lawyers Understand the Thai Justice System 

A Thai criminal defense lawyer will have first-hand experience dealing with the Thai Justice System. These professionals have spent years studying and then practicing criminal law and defending many clients who may have faced different types of criminal offences. This means that these lawyers will know how the Thai Justice System works inside and out. This means that they will have a better chance of winning your criminal case because of their years of experience. 

2. Handle Court Proceedings and Litigation

Usually, all criminal cases are brought in front of the court in Thailand, and when this happens, the accused will have to plead innocent or guilty. The benefit of being represented by a criminal defense attorney in this situation is that they will give you their expert opinion on how to plead. If your lawyer advises you to plead guilty, they will negotiate a better deal that could reduce your years in prison, making a big difference in the long run.

3. They will Complete the Cases Paperwork. 

When it comes to official court paperwork, mistakes can’t be made. This is why you need to be someone who pays attention to details. A criminal defense lawyer would have had years of experience completing these forms that an ordinary citizen may find highly daunting. So instead of trying to complete the paperwork by yourself and risk making mistakes that could negatively affect your case, leave it to a lawyer to complete.

4. A Lawyer will Help you Understand All of Your Options.

If you choose to handle a case by yourself, you may only see one solution and one plan of action that you can take. This might be because you may have biased opinions when defending yourself, and your emotions can cloud your judgment, which will impact your case. 

However, if you hire a criminal defense lawyer, they will look at the case from an unbiased view and give their expert opinion. The lawyer will also help you understand the multiple different ways that you can choose to take with your case, resulting in much better results.  

 

Summary

In conclusion, if you ever find yourself being accused in a criminal case or this is your current reality, and you feel like there is no way out. The best thing you can do to help protect your future is to hire a criminal defense lawyer.

The Thai Justice System is complex and challenging for a regular citizen. Luckily, when your hire a criminal defense lawyer, they have years of experience handling cases in this justice system and know exactly how things work, which can help you in the long run. So don’t risk your future by making the mistake of not hiring a criminal defense lawyer. Simply find the best lawyer for you, and this could be the best decision you make in your life.