A power of attorney in Thailand represents an instrument which enables authority for one individual to act on another person’s behalf, used for different transactions like the real estate ones. The individual who provides the authority is named the Principal or Grantor and the one who receives it – the Agent or Attorney-in-Fact.
The applicable legislation in Thailand rules that both the Grantor and the Agent are in capacity and can also grant and execute the authorized acts as prescribed in the power of attorney. Our law firm in Thailand can offer guidance on this matter.
Types of power of attorney in Thailand
There are two types of power of attorney in Thailand:
• the General Power of Attorney (GPA): it has higher scope and duration;
• the Special Power of Attorney (SPA): it has limited scope and duration.
Who can execute a power of attorney in Thailand?
According to the local legislation, a power of attorney in Thailand can be executed only by individuals who are legally competent to do so. In plus, the power of attorney has to be in compliance with formal and substantial fundamentals as stated by the law in order to be valid and enforceable, like being notarized after being signed by both the Grantor and the Agent.
Things to consider when preparing an official power of attorney in Thailand
When organizing an official power of attorney in Thailand, consider the following aspects:
• Clearly point out the type of property which is about to be transferred, e.g. land title, house, building and so on. Our lawyers in Thailand can provide more information on this matter;
• Noticeably mention the subject of the power of attorney, by mentioning exactly the Agent’s empowered actions, like to purchase, mortgage or sell. In case there are any distinct conditions, these should be stated;
• Writing or typing should be effectuated with the same instrument;
• In case there are any changes, fill-ins or cross-outs, they have to be written stating the exact modifications which have been made and the Principal has to put his or her signature next to each occurrence;
• There has to be minimum one witness to the signatures;
• In case the power of attorney is made outside the country, it will necessitate a certification from a Thai embassy or consulate, or a Notary Public.
If you need more details on the power of attorney in Thailand, we invite you to get in touch with our Thai law firm for guidance.