A Power of Attorney (POA) in Thailand is a legal document that allows one person (the principal) to appoint another person to act as his or her agent. This gives the agent or Attorney-in-Fact authorization to act on behalf of the principal. It is applicable in particular activities like private affairs, business, or other legal problems. POA is a very important part of the documentation for property transfer in Thailand.
You may not be able to complete the property transfer in person due to unforeseen circumstances. In that case, you may designate your attorney to act on your behalf using an Official Power of Attorney.
However, unlike the more common General Power of Attorney in Thailand, this document follows very strict standards. This is because of its exclusive use for the transfer of property with the Department of Land authorities in Thailand. These guidelines make this document safer to use. However, they also necessitate a thorough comprehension of their purpose and requirements, or they can waste time.
Required Information for POA for Property Transfer in Thailand
The Official Power of Attorney involves a great deal of detail about the property as well as the people in the process. You must submit the exact title deed numbers, of which there are multiple in the title deed header.
You will be asked to supply not only your name and passport number, but also your residency address and, if applicable, the names of your parents, even if they are deceased. Finally, fundamental transaction information such as details of the transferor and transferee, necessary financial compensation, as well as a reference to the full sale and purchase agreement.
Certification of the Signature in Power of Attorney in Thailand
Because this document is so significant, Thai law demands that it be entirely valid. This means you’ll need to attach proof of the document’s issuance in Thailand. It can be a copy of your visa, or a certification from the nearest Thai embassy or Notary Public if you’re not in Thailand at the time of the signature. Always remember to include a photocopy of your passport as part of your verified paperwork. You can then deliver the original paperwork to your attorney through airmail or courier so that he can start with the procedure.
How Can I Protect Myself When Signing A POA?
To protect the interests of the principal and other interested parties, the principal must:
- Fill in all necessary facts about the land or other real property, such as a building or house, in a clear and concise manner.
- Clearly define the applicable act(s) and the grant of the degree of the power, such as purchasing, selling, or mortgaging, as well as any additional circumstances.
- If you’re writing, avoid using different typewriters or writing with inconsistent handwriting or ink color.
- Indicate the number of words that have been erased, added, modified, or crossed out (if any), as well as the location of each impacted word.
- Sign the form only when it has been properly filled out and according to the principal’s wishes. Do not sign a blank form.
- At least one or, if the principal’s fingerprint is used instead of a signature, two witnesses must sign the form after filling it up. However, the fingerprint of the witness is not admissible. The principal must sign as a witness and offer authorization if the agent is the principal’s wife.
Form Used for POA In Land Office Transactions for Property Transfer
A buyer or seller of real estate may be willing to allow another person to act on their behalf. In that case, they must fill out and sign the Land Office’s power of attorney form. The official standard of acceptance by the Land Department is the Thai script “Power of Attorney” in all branch offices of Thailand. Forms are Tor Dor 21 for land and house or Chor 21 for a condominium.
These forms ensure that the principal provides all of the necessary information. The agent then presents the form to the Land Office after completing it officially. It must be with a certified copy of the principal’s citizen ID card or passport and visa.
Additional Restrictions on POA for Property Transfer in Thailand
Writing or printing of the Official Power of Attorney must use the same instrument throughout to confirm the document’s legitimacy and avoid counterfeiting. Filling the document with different pens or typing in the content will render it invalid immediately.
Any changes, cross-outs, or fill-ins must be properly stated. Also, the people participating must sign next to each change to prevent the invalidation of the document. Finally, your lawyer must state the representation of both parties in the transaction, clearly on the document (in need).
When filling out and signing paperwork for government officials, you must exercise extra caution. Additionally, it must always provide accurate and true information.
Obviously, no one should sign a blank power of attorney. However, the regulations above make it impossible for anyone to sign a blank official power of attorney. This demonstrates that these laws, while restrictive, fulfill their objective quite effectively.
The process gets much more complex when you are doing it from out of Thailand. To make the process easier, you need proper legal guidance and support. Mail us at [email protected] and we will guide you in this process.
