Yes, of course. Just take a wise decision in choosing the right person. There can be events or circumstances when you may not be available in Thailand during the Transfer of Power of Attorney process. Added to this, it can be one of the very urgent needs to do so.
Let us clarify, that there is no need to get perplexed on such occasions. It is very much possible that you can transfer Power of Attorney in Thailand by staying in your native country. All you need to do is to appoint your Attorney who can address the proceedings on your behalf.
Power of Attorney generally empowers entities related to business, investment, real estate, pension, or gift transactions. For any or all of these processes, you can take advice from your legal advisor to appoint an attorney to represent you in the transfer process. The process may go a little tough than the General Power of Attorney proceedings, but, it does not make it impossible to be conducted.
You should know that your Attorney would be the “Official Power of Attorney” throughout the process and in all relevant documents. Although the process seems to be tough, it makes the documentation and the transfer process much safer and consumes lesser time.
Information Required for Power of Attorney Transfer
The Official Power of Attorney seeks accurate and greater details of the transfer of asset or fund. Alongwith that, it needs to know the details and purpose of involvement of people in the process. You have to include your name and passport number along with your residence address. If applicable, you have to provide the names of your parents, even if they are no more alive. Finally, you have to provide basic details of transaction, transferor, transferee, and need of financial compensation. Additionally, you have to provide a reference to the full sale and purchase agreement.
To help you in preparing the power of attorney, your legal advisor may require:
- Your information (as the grantor) (passport, parent’s name, address)
- Property detail (title deed, house registration)
- Grantee’s information (Thai ID card or passport (for foreigner), address)
In this case, as you are outside Thailand, you will need to get these documents certified and notarized at the Thai Embassy.
For more details on POA you should know that there are basically two forms of POA in Thailand;
- The General Power of Attorney (GPA) allows broader authority;
- The Special Power of Attorney (SPA) is limited in scope;
What Powers are Transferred?
- “Grant authority to deal with your business, investment, real estate, pension and gift transactions.
- POA can be used for litigation purposes. There can be limitations or expansion in the amount of authority.”
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