Power of Attorney in Thailand

Power of Attorney in Thailand. Many foreigners encounter situations in Thailand where they require a Power of Attorney to perform certain tasks such as purchasing a condominium or dealing with banking matters. These POAs must follow official government templates and be notarized to be considered valid by the relevant government department.

Our firm can help draft and notarize such documents for both the Principal and Agent. We can also provide consultation to both parties prior to the drafting and notarization of the instrument.

Drafting a Power of Attorney

Power of Attorney is a legal tool that authorizes an individual to act on your behalf. It can be general, conferring broad legal authority, or special, conferring limited scope. Depending on the nature of your transaction, certain government departments may require you to use their standard POA forms (Tor Dor 21 for land and Chor 21 for condominiums).

The person giving the power of attorney is known as the Principal or Grantor, while the person receiving the power of attorney is the Agent or Attorney-in-Fact. Both must be legally competent to do so, and the Power of Attorney must be in writing and signed. It must also be notarized and bear duty stamps.

A well-drafted Power of Attorney is essential to help you navigate a wide range of transactions and responsibilities in Thailand. It requires careful consideration of the legal requirements and cultural nuances. Seeking the advice of an experienced lawyer is advisable to ensure that your POA meets all the necessary requirements.

Notarization of a Power of Attorney

Most institutions such as banks, embassies and schools require that certain documents like Power of Attorneys be notarized. This is mainly done to authenticate the authenticity of such documents as well as ensure that the individual signing the document is actually qualified to do so.

According to local legislation, a Power of Attorney is only valid and enforceable if both the Grantor and Agent are legally capacitated and able to execute or give the powers enumerated in the document. Furthermore, the POA must also conform to other formal and substantial requisites in order to be considered valid and enforceable.

Hence, the notary service at G.A.M Legal Alliance serves a vital purpose in the drafting and notarization of all types of legal documents such as affidavits, deeds or other writings that need to be acknowledged by a Notarial Services Attorney. Please do not hesitate to contact us today for more information. We will be more than happy to assist you.

Power of Attorney for Real Estate Transactions

In Thai law, a Power of Attorney is only valid and enforceable if the person giving it out (the Principal or Grantor) and the one receiving it (the Agent or Attorney-in-fact) are both legally capacitated and able to execute and give the powers enumerated in the instrument. It must also comply with all formal and substantial fundamentals, including being notarized after both parties sign it. Our firm is well-versed in drafting and notarizing power of attorneys that comply with the strict requirements under Thai law.

Additionally, the POA must be in writing and signed in the presence of at least two witnesses who must also sign it. It may be necessary to include a translation, especially if the document is intended for use in international transactions. Finally, it is essential to include a revocation clause, which gives the principal the flexibility to terminate the powers given to the Agent at any time.

Power of Attorney for Banking Transactions

Foreigners may wish to appoint an agent or attorney-in-fact for various transactions and situations in Thailand, including purchasing a property and dealing with certain banking transactions. These POAs must follow official templates.

When a foreigner wishes to authorize someone to manage the land office transaction in their absence, they need to fill out and sign a power of attorney form (Tor Dor 21 for land and Chor 21 for condominiums). This must be done at the same time as signing the transfer documents at the land office.

A power of attorney confers a wide range of legal authority on the attorney-in-fact, and can be either general, which allows broad authority, or special, which grants limited powers. The person giving the authority is called the Principal or Grantor, and the person receiving it is referred to as the Agent. Typically, a power of attorney expires upon the death of the Principal or when it is revoked.

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