Power of Attorney
A Power of Attorney (POA) is a legal document which grants the power for one person to act on your behalf. A POA is generally used in Thailand to allow a lawyer or a third party to proceed with legal matters such as the registration of a company, a will, a trademark, a transfer of ownership at the land office or execute a deal on your behalf either because you are not in Thailand or for your convenience.
What is a Power of Attorney in Thailand?
A power of attorney is a written authorisation to represent or act on another’s behalf in specified or broad legal or financial matters. The person authorising the other to act is the principal or grantor and the one authorised to act is the agent or the attorney-in-fact.
Under Thai law, the principal and the agent must have the legal capacity and the ability to give or execute the powers listed in the POA. There are three main types of POAs, a General Power of Attorney (GPA), a Special Power of Attorney (SPA) and a Government Power of Attorney (GPA). The GPA allows broad power while the SPA limits the scope and duration of the powers granted to the agent. The GPA are official templates of SPA issued by the government to allow the agent to act on behalf of the principal for some specific legal matters.
What documents are required to prepare a Power of Attorney in Thailand?
First, you need a properly drafted power of attorney to ensure it will be acceptable by the official authorities. Some specific legal matters such as real estate operations at the Land Office requires the power of attorney to have specific wordings.
A signed copy of the passport or Thai ID of both the principal and the agents is required as a supporting document of a POA. The POA must be countersigned by two witnesses (one for each party) and notarised by a Thai notary.
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