Pattaya Legal Corner: When buying a condominium, what is the “foreign exchange transaction”?

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When buying a condominium, what is the “foreign exchange transaction”?

A foreigner cannot simply pay for the purchase of a condominium unit as they see fit. The money must be brought to Thailand specifically for the purpose of the transaction and verified on a Thor Thor 3 form. Thai land authorities will not register the name of the foreigner as the owner unless the origin of the funds at the foreigner is not certain.

In a recent case, a foreigner paid for a unit with cash already deposited in a Thai bank a few years ago. But he ran into the problem of the exchange transaction because this money was not specifically transferred from abroad for the purchase. In the end, he had to go to the trouble of sending the necessary money back to the bank in his home country and transferring it again. This is just one of the problems that can arise if the buyer does not know the details of the condominium law, most of which was recently amended in 2008.

How can a gay foreigner best protect his longtime Thai partner?

The Thai Constitutional Court recently confirmed that marriage in Thailand must be between a man and a woman. But the judges stressed that the Thai parliament could certainly amend the constitution to cover other arrangements, including same-sex unions. Yet the current situation in Thailand is that same-sex marriages or civil unions are not recognized. You sometimes hear of a blessed gay “wedding” in a monastery, but it’s important to note that the ceremony has no legal weight.

The best way at present for a foreigner to protect his homosexual partner is to make a will designating him as beneficiary. If the will is properly written, probate or acceptance by the Thai court will be smooth in virtually all cases. It is very difficult for anyone, for example a relative of the deceased, to successfully challenge whether the documents are in order. In fact, the situation for homosexuals today in this regard is similar to that of a man and a woman in a long-term relationship, but not actually married.

Is medical insurance now compulsory for all foreigners entering Thailand?

Yes it is. All participants must obtain the Thailand Pass and one of its stipulations is Covid insurance of at least US $ 50,000. In fact, this is currently available online from the Thai General Insurance Association, which charges based on the length of the visa or stay allowed and the country of departure. There is no age limit. The participant can use a Thai or foreign insurance company if already covered.

Certain visas required by inbound may require second insurance for hospital care resulting from accidents or other non-Covid causes. This is called general medical insurance. For example, anyone applying for an O / A or STV (Special Tourist Visa) retirement visa will need general coverage with a minimum of 400,000 Baht for inpatient treatment and 40,000 for outpatient care. These particular visas will require continued coverage when applicants apply for extensions of stay from the immigration office. However, other visas do not normally require insurance when applying for an extension in Thailand.

Do you think the 60-day Covid extensions will be extended again?

Any tourist unable or unwilling to return home has been able to obtain 60-day Covid visas continuously for approximately 20 months. The system was recently extended for applications until the end of December 2021, which will allow it to stay until February. It is not known if the discretion will be extended for applications in the new year. Some sources claim that the Covid extensions will end when the land borders reopen. They are currently closed to foreigners.


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