Power of Attorney

A Power of Attorney is a letter written by a person to appoint a specific person to represent him or her on his or her behalf in the performance of certain acts. In practice, a Power of Attorney can represent a person or sign on behalf of a person. A power of attorney may also give authority to a relative or employee to perform a formality when the grantor is unable to travel, such as signing a document, picking up a package, submitting documents to the Thai authorities.

Power of attorney plays a very important role in business in Thailand. Finally, it gives more flexibility to the director of a company by granting signature powers to employees or other persons, thus allowing the remote management of a company. It is therefore necessary to draw up a document that precisely details all the powers that are delegated. Indeed, it is not usual to give all the powers but only the powers to act within a specific and limited time. We have detailed below all the essential steps to draft a POA in Thailand:

In order to comply with Thai law, it is important to attach all documents that identify the parties to the power of attorney. This usually includes a copy of the company’s affidavit, identity card or passport of the signatory.

It is essential to ensure that both the grantor and the grantee can represent and be represented. If the parties involve a company, it is essential to review the company’s purpose document to ensure that it can represent an individual or company in Thailand.

The power of attorney should be signed by two witnesses to avoid any questions about the transfer of authority to the beneficiary and the veracity of the document. A blue signature is also recommended to show that the document is original and not a copy.

You can write your power of attorney in Thai. However, it is recommended to have the document translated into Thai so that the document and its translation are indisputable in case of a dispute.

It is necessary to specify the powers of the transferee who will receive the powers of the transferor. Indeed, it is important to delimit the powers of the Assignee and to determine the scope, the duration and the missions entrusted to him. If these elements are not specified, the power of attorney may be challenged by third parties who will refuse the said power of attorney.

Let us suppose that the transferor signs the document abroad to give a power of attorney to a representative in Thailand. In this case, the latter must have the document certified by a notary and, depending on the type of representation requested, also by the Ministry of Foreign Affairs of Thailand. The Ministry of Foreign Affairs of his host country and the Thai embassy of his country of residence or nationality.

A Thai power of attorney must be carefully drafted and signed by both parties in order to obtain approval without any possible dispute. Indeed, any error or lack of precision on a given power of attorney can lead to the cancellation or the impossibility to represent another person.

Themis Partner provides you with a professionally drafted representation contract template. You can get your document in word format in Thai and English. We have made sure that our power of attorney is suitable for:

Furthermore, our mandate specifies all the mentions of the parties that must be included in the contract on the drafted document and in the annex. By downloading our document, you will have a general overview of all the information that must be included in a mandate of administrator. However, it is recommended to contact a lawyer in the context of a mandate signed for special representations such as a representation for a legal action or to defend yourself against a legal action of another party; a representation mandate to represent you before the police authorities in Thailand. Indeed, according to the type of representation, a very precise and specific formalism will be necessary to validate.

When purchasing a property in Thailand, the buyer must normally be present at the transfer. However, the buyer has the option of giving power of attorney to his lawyer or another qualified person to effect the transfer of ownership. The transfer of ownership is done at the relevant land office. To complete the transfer of ownership in your absence, the attorney or other qualified person must have a POA signed by the grantor. A power of attorney must follow a specific form and include the forms that are given by the land office authorities to make this representation, known as a Tor Dor 21. However, there are many types of forms that differ depending on the type of property that will be transferred.

In the case of the signature of a transferor outside Thailand, certification of the signature by a notary is required for validation. Indeed, the land office agents will refuse to accept a POA signed abroad without certification by a foreign notary. In addition, the agent may request the notary’s identification card and business card as proof of identity. Please note that the land office may also require certification from the Thai embassy, so it is important to seek legal advice to ensure that the property transfer can be completed.

This Agreement may be terminated in the following situations:

The Grantor decides to terminate the mandate with the assignee. In this case, the Grantor shall send a formal letter to the Grantee stating that the Grantee no longer has the authority to represent. The Grantor need not give a reason or cause for such termination.

A power of attorney is an intuitu personae document and therefore terminates upon the death of the person who has granted power of attorney to another person. Of course, it is possible to include contractual clauses to ensure continuity with the heirs, if any.

It is not mandatory to specify the duration of the power of attorney. However, you can put a fixed date that will specify the validity of the power of attorney for a specific period. At the end of the term, the said mandate will no longer be valid, and it will be necessary to extend the mandate again to continue the representation.