Power of Attorney is a legal document in which one person (the Grantor) gives another person the authority to act on his or her behalf. This authority can be broad or limited, depending on what is being granted.
However, the process of preparing a PoA in Thailand has some particularities that may result in procedural hiccups.
Creating a POA
As a foreign resident or businessperson in Thailand, you might need to delegate legal authority to another person. A Power of Attorney can be an effective way to do this. However, it is important to understand the requirements, types, and regulations of a POA in Thailand before you use one.
A POA is a legal document that gives the appointed representative the authority to act on behalf of the grantor for specific transactions. It must be in writing, dated, and signed by both parties. In addition, it must be notarized to ensure its validity and enforceable in Thailand.
A POA can be general or limited in scope and can cover a wide range of transactions and situations. The document should clearly specify the powers granted to avoid confusion or misuse. It is also a good idea to keep accurate records of all activities carried out under the POA. The agent must also be trustworthy and reliable.
Specifying the powers granted
It is essential that a POA clearly specifies what powers or responsibilities the agent can and cannot undertake. This will help to prevent any confusion or misuse of power by the agent. Additionally, it is important to ensure that the document is properly executed and that the agent keeps accurate records.
A POA can be either a general power of attorney (GPA) or a special power of attorney (SPA). A GPA gives the agent broad legal authority to act on behalf of the principal, while an SPA limits the agent’s scope of authority to specific acts or functions.
According to Thai law, a POA can only be executed by persons who are legally capacitated. In addition, it must conform to all formal and substantial requisites set by law, including being notarized after being signed by both the Principal and the Agent. A well-drafted POA can be an invaluable tool in Thailand, providing convenience, flexibility, and efficiency for individuals in various situations.
Ensuring proper execution
A Power of Attorney is a legal document that authorizes another person to act on your behalf. The person granting the authority is known as the Principal or Grantor and the person receiving the authority is called the Agent. The scope and durability of the authority granted is specified in the document. In order to be valid, a POA must have an authentic signature of the principal.
The process of executing a POA is complicated and requires proper guidance. Having a trusted Thai lawyer by your side can help avoid procedural hiccups. The POA should be written in the language of the country where it is to be used. It is also important that it is signed in the presence of witnesses. It may even need to be notarized.
The law of Thailand requires that the Principal and Agent be legally capacitated and capable of executing the powers enumerated in the POA. It should also comply with other formal and substantial requisites, including being notarized after signing by both parties.
Keeping accurate records
A Power of Attorney (POA) is an important legal document that allows you to appoint another person to manage your affairs and/or property. While the concept of a PoA is universal, its application and nuances in Thailand are specific. It’s crucial to understand these differences before drafting and executing one.
POAs are used for a variety of purposes, including buying and selling real estate. They can also be used to manage bank accounts and other financial matters. However, they must be drafted correctly to be effective.
For example, when purchasing or transferring ownership of a condo in Thailand, the buyer must complete a power of attorney form provided by the land office. These forms must follow the government template, called Tor Dor 21 for land and Chor 21 for condominiums. The form must be signed and presented to the land office along with a certified copy of the grantor’s ID card or passport. It’s also important to keep accurate records to ensure that the authority granted is not being misused.
