IBAP Regular Monthly Membership Meetings & Programs for 2008
Regular Meeting December 12th 2008
Meeting Friday December 12th, 2008
IBAP Christmas Party with special guests Santa and his helpers.
This fun evening is our annual year end Christmas Party.
Bundle up the kids and join us for an evening with Santa and Santa's helpers.
There will be gifts for the little ones and smiles for everyone.
Also tonight
Nomination Committee: introduction of candidates
Membership Renewals for 2009: Please support the drive by renewing or joining tonight!
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Regular Meeting November 21st, 2008
Meeting Friday November 21st, 2008
Patong Beach Deputy Mayor Chairat Sukban
Patong deputy mayor Chairat Sukban will be speaking about the many challenges facing the Patong Beach municipality along with some of the changes in the works and plans on the books.
Traffic flow on the beach road, tuk-tuks, the Patong tunnel project, water and electric supply, waste and waste water management, security and the new closed-circuit television (CCTV) public security system are but a few of the challenges facing Patong's leaders.
Do you have a question you'd like to ask deputy mayor Chairat? Send us your question and we'll try to get it in the list.
Also tonight
Introduction of the Nomination Committee and candidates
Membership Renewals for 2009: Please support the drive by renewing or joining tonight!
BizFair 2008 Film: Phuket Productions will be showing a brilliant mini film they have produced about the BizFair.
Our Hospitality Sponsors for November 21st 2008
click sponsor's logos to visit their websites
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| Liana Doyle |
Miros Labus |
Friedrich 'Sam' Fauma |
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| Phuket L&P Property Management Services |
Sunbelt Asia |
International Law Office |
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Regular Meeting October 10th, 2008
Meeting Friday October 10th, 2008
Legal Eagles
This will be the 5th year that we present this program, and with all the changes that have taken place in this last year this program is certain to be more popular than ever.
Our "Legal Eagles" speakers: are:
Sam Fauma of International Law
Marcus Collins of McEvily & Collins
Ingo Muller of Belmont Limcharoen
Here is a preliminary list of questions / issues that our guest speakers will be addressing:
Are there any advantages to change my company from having 7 shareholders to be only 3 as allowed by the recent amendment to the Commercial Code.
What other changes did the amendment of the Thai Civil and Commercial Code describe?
If I am a director in a company with signatory power, do I have to have a Work Permit?
Can a company still buy land?
What is considered to be a 'Nominee Shareholder'?
Many changes in regard to consumer protection which will effect the way of consumers can file in court to receive their rights had been passed recently, can you let us know which changes are in force already?
Which are the main changes in the recent amendment to the Condominium act?
Are there any recent changes in law I should be aware of if my company is an employer?
I have heard about a new law called the 'Escrow Act'. What is the purpose of this act?
I am a buyer of some land and the Thai owner (an individual) wants to declare a lower value at the time of the registration? What should I do?
Meet the "Legal Eagles"
Sam Fauma of International Law
Friedrich 'Sam' Fauma is the founder, director and shareholder in International Law Office, Patong Beach. International Law Office is a registered Law Firm with Bars Association of Thailand having 5 Thai Lawyers and Notary Public as well 2 foreign lawyers (members of the International Bar Association) working as advisors for the firm.
Sam is long recognized for his in depth understanding of the legal scene here in Phuket. Sam's skills at speaking, reading and writing Thai give him interesting perspectives on how the law works here in Phuket
For nearly 20 years Sam has been consulting local individuals and businesses, stating that as the laws and their interpretations have changed so has our need for adaptive methodology for finding workable solutions to our ever changing situations... More about International Law »
Ingo Muller of Belmont Limcharoen
Desmond Hughes has informed us that Ingo will represent Belmont Limcharoen on the panel and that Desmond and several other representatives of Belmont Limcharoen will be within the audience to circulate and answer questions other what the panel might address.
"Belmont Limcharoen is a full service international law firm headquartered in Bangkok, Thailand. We provide the highest quality legal advice and representation to clients from around the world. Our firm defines itself by the success of our client relationships and the notable business and litigation accomplishments we help effect." More about Belmont Limcharoen »
Marcus Collins of McEvily & Collins
Marcus has expressed interest in addressing recent developments in land transactions and/or recent developments in the Thai corporate laws.
"Founded in Bangkok in 1992, McEvily & Collins has grown to become one of Thailand's premier law firms and one of the few local firms with combined Thai and foreign law expertise and management. The principals in the firm consist essentially of former partners and senior associates from large international firms. McEvily & Collins was the first Bangkok based law firm to open an office in Phuket 7 years ago and also has a thriving practice in Samui". More about McEvily & Collins »
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Regular Meeting September 12th, 2008
Meeting Friday September 12th, 2008
Inspired by the Ocean
With Special Introduction by John "Caveman" Gray
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Come and enjoy this fascinating world we live in looking from the sea that we came from.
Dive into the ocean with marine biologist and filmmaker Mark Wunsch from the Phuket Aquarium, look and listen to some fascinating stories from Thailand's coral reefs and shores and how they may relate to your business!
The ocean and the coast of the Andaman Sea are Phuket's greatest resources and driving most of the tourism in the region. But rapid development and increasing pressure put these assets at risk.
Education is certainly one key to more understanding and essential for the establishment of more sustainability. The Phuket Aquarium is currently pursuing major efforts to become an edutainment center for the coastal and marine environment.
Mark will introduce us to the new concepts, progress and need for cooperation with the private sector.
About Mark Wunsch:
Mark Wunsch is currently advising the Phuket Aquarium in organizational and exhibition development, media production, public relations and fundraising. He trains staff in the use of digital photography, videography and editing at Phuket Aquarium. Mark accepted the 2 year assignment with the Phuket Aquarium/Phuket Marine Biological Center in the framework of a Post Tsunami project from the German government in September 2006.
Mark holds a master degree in biology and communication and studied the ecology of coral reefs in the Red Sea. During the mid 90s he started working for television and educational institutions as a producer and filmmaker and as a consultant for environmental communication out of Germany.
Mark has a deep interest in developing and communicating sustainability at all levels. He has lectured about environmental communication for the UNESCO and has been supporting the evelopment of science communication in Thailand. Mark gets his inspirations from the outdoors - in and underwater, on foot or bike and by visiting different cultures.
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Regular Meeting August 8th, 2008
Meeting Friday August 8th, 2008
Topic: Dummies & Computers & Khun Woody
Khun Woody will give us his "State of the Internet Address" with an update on some worthwhile Internet access technology that's coming down the pike.
If you've ever experienced computer frustration or rage, and found yourself somehow lacking the right words, Woody can help beef up your vocabulary and put a grin on your face at the same time.
Woody has spent much of the last 20 years writing mostly about Windows and Microsoft office. Most of us have come across his yellow & black "For Dummies" books, the latest is Windows Vista Timesaving Techniques For Dummies, and Windows Home Server For Dummies is coming soon. Woody writes informatively, usefully and amusingly. Take a few moments to learn more about Woody and his books at his personal KhunWoody.com website, Amazon Books and through the recent Of Microsoft and muffins article in Phuket magazine.
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Regular Meeting June 13th, 2008
Meeting Friday June 13th, 2008
Topic: Thai Work Permit Issues
Presentation by
Administrative Staff from the Phuket Provincial Employment Office (Labor Department)
The June membership meeting is intended as a supplement to the May meeting that addressed a few visa questions and issues.
Tonight's presentation will be lead by Khun Janya Yingyong, Labor Technician Level 6, and 3 of her staff including her translator Somkiat Baiadul, one of the senior in-processing staff within her department. Anyone having a work permit here in Phuket will certainly recognize these people. Accompanying Khun Janya will be Labor Department Chief Khun Nattaya Anudit.
We have asked our speaker to address the most common Work Permit issues they encounter as well as providing answers to the questions posted here on our website.
We expect this to be a full-on evening so the best way to have your question or concern addressed is to submit it using our handy online form. This gives the Employment Office staff a bit of lead time to prepare the best answer.
Work Permit Questions Submitted to IBAP
The Labor Department is working to supply us with answers, which we will then post here.
- I have heard that there are certain circumstances whereby a non-Thai can be entitled to a work permit on the basis that his Thai wife has her own company or business. Can you clarify this?
- What are the current trends in Phuket for accepting or denying work permits and how does this compare with say one year ago and with a view to one year from now.
- How specific does the definition of job functions need to be in the work permit? Is Marketing enough or does it need to list every function that might relate to Marketing?
- I am currently teaching in Thailand. Another school has asked me to do some hours teaching for them. Can I legally do so with the work permit for the other school. If not, could you please advise me what I should do. Thank you.
- I and my husband, both hold valid company sponsored work permit for Thailand. My mom who is below 60 years of age is alone and dependent on us stays alone in India. Is it possible to get her to stay with us here in Phuket, on a Visa which is valid for one year.
- While still in the USA, what steps can I take to ensure a smooth process in obtaining a work permit? If the 90-day Visa, stamped on my passport says, Employment Prohibited, what documentation is required to over-ride this restriction? Can I obtain a Letter of Intent to Hire, or authorization to work there PRIOR to my arrival?
- I have a multiple entry visa, but I still have to check in and out of the country in person at the Immigration office. Why do I have to check out of the country prior to traveling IN PERSON at the Immigration Office, isn't that what Airport passport checks are for? More important, what is accomplished in a positive way by having "foreigners" appear at Immigration to check back into Thailand? In fact, once I have my work permit, why is an Exit Visa necessary anyway?
- If one holds a retrement visa, is there any type of work permit allowed for a part-time position or volunteerposition? For example, the foreigners at the Immigration bureau volunteer, do they have or need work permits? I raise this because many retired people still like to keep active, so is there any exceptions, where those on retirement visas may work, volunteering or part-time, seems some elder ex-pats could be a benefit to Thailand's workforce in large tourist areas, where they never have enough help anyway.
- As long as I have a work permit would my daughter be able to stay in Thailand as long as she is in an education programme here? Currently she is in an International school in Thailand, but upon leaving school I wish her to study for languages and hotel training at the local university in Phuket. Would she be dependent on my visa and work permit for this or does she apply for student visa and to what age is this acceptable?
- I understand that you are not deemed able to be a director of any kind for a thai company unless you are resident and hold a valid work permit. Also I understand that a forigner non resident with no work permit is not capable of holding a directorship in a Thai company. This seems to conflict with international corprate law with respect to corporate directorships and those who qualify generally to be a director. Further this rule appears not to have been enforced in Phuket until recently yet apparently has been enforced in Bangkok. Further still I have heard rumours that enforcement of this law is down to interpretation and choice of local officers. Since it appears to be a labor law interpretation and application rather than an issue vetted at the time of corporate set up or director nomination how can foreign investors be sure of the applicabale rules or any areas of waiver possibility? Finally this rule and recent local (re)enforcement appears to fly against recent moves by Gov't to make this market attractive again to foreign investors. Can you comment on the rule and highlight whether certain categories of Thai corporate are more exposed to interpretation changes than others.
- In the event that someone has been fined the maximum amount regarding an overstay on their visa, would that in itself prohibit them from being granted a work permit if they still satisfied all the other necessary regulations?
- Is it possible to hire a foreigner for a probation time period (3 months) without having a work permit.
- I own a hotel business in Kata. When I went to get my 3rd work permit, I was required to change my company capitol from 4 mil to 10 mil, because after 3 years in business we almost broke even, but did not. No profit for 2007, even though 2005 was the first year after the tsunami. We were just a few hundred thousand away from breaking even for our third year in business. It seems an amazingly difficult and unreasonable to require a start-up business to make a profit in 3 years. We employee 18 Thai staff and will make a profit in 2008, but my work-permit was VERY difficult and expensive to obtain this year. WHY!
- For my job I need travel 2-3 times a month overseas. In Surat I am told that my work permit is dependent on my visa. Does this mean I must make a new work permit every time I go out and return to Thailand? I have a main office in Samui and branch office in Phuket.
- Is it possible for an individual with a work permit to take an "out of Thailand" leave of absence for more than three months, and continue to maintain the viability of the work permit?
- In addition to meeting with IBAP, what is the Labor Department doing to make it easier and clearer for anyone considering applying for a working permit?
- Many foreigners' employment revolves around meetings and site visits all over Phuket and sometimes to Bangkok and other provinces that are outside of the registered office. As I believe, when a work permit is issued there are stringent rules, with evidence required, on where you will work. Photographs of the office and detailed maps etc. are required. It is impossible to specify where clients will come from in the future and so where you will be required to work outside of your registered office. Could you please inform us of what we should do in this instance so that our work permit is valid when working in various different places. Thank you.
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Regular Meeting May 09, 2008
Meeting Friday May 09, 2008
Topic: Common Visa Problems Faced by Foreigners
Presented by Bangkok Legal Service
A common denominator for all of us living here is that we are required to hold a current and valid VISA.
Finding reliable answers to the various VISA qualification requirements, then going through the process of obtaining or renewing a VISA can be very frustrating to say the least.
What are the consequences resulting from an overstay, insufficient business income, not employing enough staff, or even being hospitalized and unable to go to immigration. Are there answers? solutions?
This evening's presentation will be by the knowledgeable members of Bangkok Legal Service, experienced in guiding their clients through the necessary steps to obtaining and renewing all VISA types.
Bangkok Legal Services offers nearly 30 years of experience serving the business community of Thailand.
Learn more about » Bangkok Legal Service.
About Tonights Speaker: Josh Bolen
New York City Native, passed both the New York State and California State Bar Exams. Worked with Baker & Mckenzie in Bangkok, Khattar Wong & partners in Singapore, and Kallan & Torchio in NY City.
Moved on from just practicing law, to doing both law and business.
Became Product Development Manager for multi-national firm, doing business through-out Southern Asia and the Far East. Set up Joint Ventures and supply partnerships across the globe.
Became a Partner in an Architectural Design / Build Firm, consulting Fortune 500 Cos. in NYC. Implemented Facility programmes in New York City, Paris and Chicago.
Thailand - First came to Thailand in 1985 as a AFS Exchange Student. Spent one year living with Thai family in Phattalung. Returned to SE Asia frequently, completing graduate programmes at the National University of Singapore and Chulalongkorn University. Fluent in spoken Thai, working on my reading and writing.
Returned to Thailand this year and have business with Bangkok Legal Services, consulting both Foreign and Thai Nationals on business and legal issues.
Do you have an issue or question about your visa?
Josh Bolen has offered to help us put answers to some of the common problems foreigners face with Visas here. Please use the form below to send us your question.
Our Hospitality Sponsors for May 09, 2008
Visa Questions Submitted to IBAP
Please review this list to assure that your question is not already listed. Our guest speaker will review these questions and address many at our membership meeting. We hope to provide answers to all questions.
- I have new work permit for about 1 month now. My Non Imm 'B' runs out in June. I am married to a Thai lady with 2 kids. Am i best to get new visa as Non imm 'B' or 'O'?
- I have a son who will be 17 at the end of this month and will be leaving school next month. At the moment he has an ED Visa. What do we need to do when this exspires. He wont be working so how does he obtain a 12 month Visa? Or cant he? I look forward to your reply.
I am a foreign national, married to a Thai woman, and I am the father of two kids here with her. I have small company registered in another province, I have a NonImm-B visa connected to that company and a work permit in Phuket connected to that visa. The company has two Thai employees and pays tax on the employees. I pay personal tax on my personal salary. The company earns profit and pays corporate tax on that profit.
For the past few years, I have been receiving one-year visas (three-months per stamp) issued at a Thai Consulate outside Asia. But now I am hearing lots of stories of longterm residents either being denied a visa outright, being hassled harder on their submissions, or being restricted to 3-month visas.
Is there any validity to the general feeling that the closer the consulate, the greater the hassle and the shorter the visa duration?
I am a warden for the American Embassy here in Phuket. Recently I assisted a 80-year-old retired soldier who has been living in Phuket for the last 20 years while holding a continuous retirement visa. He has had 2 failed hip prostheses and is able to walk only 4 meters, with help. With great difficulty he made it up the steps at Phuket Immigration only to have his application refused for not having his certificate of income notorized by our embassy. His traveling to Bangkok is not an option.
With extra ordinary assistance from the embassy a letter was issued, the painful climb up immigration steps was made, Immigration was satisfied and a Visa issued. However, this gentleman was surprised to have the additional requirement placed on him (he hadn't experienced this before) that he must now report in at immigration every 90 days. This will become increasingly impossible.
With this man's physical health in measured decline we can expect him to become ever more house bound, even bed ridden.
As we are experiencing an increase in numbers of senior citizens being attracted, even invited, to the "health hub of Asia" and seeing situations like this occur in larger numbers what best advice can we provide them?
- I speak with many foreign nationals who are legally working in Thailand under non-immigrant visas with a work permit. The frequency of visits required by different immigration offices varies wildly and doesn't seem to be consistent at all. What is the criteria for "showing your face" at the immigration offices? For example, I have been in Thailand now for almost 9 years, of which I spent 5 years in Bangkok only having to visit immigration once a year. Now in Phuket I must visit immigration every 3 months.
- There are (apparently) 2 types of Non-B Visas (one where you have to leave every 3 months and one where you don't. QUESTION - What is the difference regarding Company/Work permit laws when holding (a) 12 Month Non-B Multiple Entry Visa requiring 3 monthly "visa runs" amd (b) a 12 Month Non-B Visa thats does not need you to leave the country? I have been advised by a Lawyer that with (a) you do NOT need to employ 4 Thai staff per Work Permit but with visa type (b) you do. Please explain and clarify as no one else seems to be able to CLEARLY explain WHY this is so.
- I am currently on a non-immigrant O-A retirement visa. I will be getting married to a Thai woman in July. What are any advantages and/or disadvantages to remaining on a retirement visa or changing to a non-immigrant O marriage visa.
- What advantages, if any, does the Thailand Elite card offer apart from golf course privileges & a special lane at immigration?
- I have spent hours on the phone trying to explain the current situation, but the inconsistencies of the office and the different representatives have led me down many different paths with no resolution. This year alone I have received four very demanding letters from these Visa people demanding additional funds. I pay them each month but they want more and more of my money. Neither my wife nor I are Thai, nor do either of us live in Thai Land, but we would appreciate your help trying to correct our problems with Visa.
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Regular Meeting April 11th, 2008
Meeting Friday April 11th, 2008
Property Security: Issues & Answers for Home and Business Owners & Residential Developers
Personal Security: What You Should Know & What You Can Do
Security is no longer only a topic of casual conversation, it's a growing issue of concern for all residents, visitors, businesses owners and residential developers here in Phuket.
We all love living in Thailand, and as everywhere we prefer to think there are no problems here. The sad reality is that the more successful, the more affluent and the more prominent you are, the more you and your family become targets. Serious and potentially dangerous crime has come to Thailand. Violent crime especially has increased astronomically in the past few years.
Is your home secure, is your office secure, are you secure? Our program this Friday will provide useful information including 10 basic tips you can put into effect right now at your home or office to improve your "security score."
We have two program speakers this evening. Speaking about security issues related to property will be Elliot Klein, Director of Operations for the Maximum Security Division of Saen Yim Co. Ltd. His extensive experience in security analysis in Pattaya, Bangkok and here in Phuket will certainly provide an interesting and informative viewpoint.
IBAP Board Member and Karate Teacher Darren Brinkman will offer some tips on personal security and help us understand what are some of the options available to us here in Phuket.
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Regular Meeting March 14th, 2008
Meeting Friday March 14th, 2008
Annual Meeting
Business Awards Banquet
Special Awards
March is our Annual Meeting and a changing of the guard so to speak. We'll be thanking the outgoing Officers and Trustees and welcoming in the new.
We would like you to take the time to speak with the incoming trustees to learn more of what projects they're taking on and ideas they're developing. Support these leaders with your thoughts and a bit of your time.
And tonight is our 1st Annual Business Awards Night. We've done it again. We've made it through yet another year of business adventures here in Phuket and we need to celebrate. Come and enjoy the "roasting" of some of our "survivors." There is sure to be some fun.
Tonight we will be honoring a few of our members with some very special awards and we'd like you to be there to contribute with your applause.
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Regular Meeting February 08th, 2008
Meeting Friday February 08th, 2008
Legal Eagles
Speakers: Sam Fauma, Managing Director of International Law and Ingo Muller, Senior Associate of Belmont Limcharoen.
Each time that IBAP presents our "Legal Eagle" night the response is overwhelming asking that we schedule it again, so here it is. The program is especially interesting this year as Thailand enters into a new phase of government leadership.
This evening our panel will be addressing some of the issues they find most impacting on businesses here in Phuket:
What are the likely outcomes we can expect with the new government?
Purchasing of property by foreigners without forming a company?
Updates and issues related to the Alien Business Act and my company?
Updates on issues of nominee shareholders
What is the definition of a Nominee shareholder?
Speaker: Sam' Fauma, Managing Director of International Law
Friedrich 'Sam' Fauma is the founder, director and shareholder in International Law Office, Patong Beach. International Law Office is a registered Law Firm with Bars Association of Thailand having 5 Thai Lawyers and Notary Public as well 2 foreign lawyers (members of the International Bar Association) working as advisors for the firm.
Sam is long recognized for his in depth understanding of the legal scene here in Phuket. Sam's skills at speaking, reading and writing Thai give him interesting perspectives on how the law works here in Phuket
For nearly 20 years Sam has been consulting local individuals and businesses. As the laws and their interpretations have changed so has our need for adaptive methodology for finding workable solutions to our ever changing situations... More about International Law »
Speaker: Ingo Muller, Senior Associate of Belmont Limcharoen
"Belmont Limcharoen is a full service international law firm headquartered in Bangkok, Thailand. We provide the highest quality legal advice and representation to clients from around the world. Our firm defines itself by the success of our client relationships and the notable business and litigation accomplishments we help effect.
Our practice is organised into three major groups:
Real Estate
Litigation and
Corporate
as well as a number of specialist groups. We have three offices in Thailand: Bangkok, Phuket and Samui, and affiliate offices and links to advisers throughout South East Asia."
More about Belmont Limcharoen »
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Regular Meeting January 11th, 2008
Meeting This Friday January 11th, 2008
Roundtable Meeting: IBAP Board - Members & Visitors
Members and Friends of IBAP are invited to a presentation by the Board featuring the draft Business Plan and Objectives of IBAP this year.
The presentation will be interactive, and we will be seeking feedback from you on a broad range of issues including:
Membership Fees
Monthly Meetings
Marketing IBAP Activities
Educational Seminars
Business Fair
IBAP Committees
IBAP representations to local government
The recent Board meeting uncovered new and revisited older ideas and concepts for IBAP - and in the interests of a healthy and congruent association we want to be sure that the Board's vision for IBAP reflects the desires and involvement of the members and supporters.
Lets have a great turnout this Friday and a lively robust discussion on what is best for IBAP and its members as we move into 2008.
Doors Open 6:00pm
Dinner from 6:30pm
Presentation commences 7:00pm
See you Friday and bring along a friend,
Michael Massey
President
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