Thai director

[H2ODunc]

Hi all. i was wondering before my friend has to contact a lawyer if anyone can answer a couple of questions. His wife and her sister are the two Thai directors in a company with one Farang. She manages and looks after the house the company owns. The Farang owner normally sends over her salary and the expenses to cover the upkeep of the house. average is around 50,000 Baht a month salary and expenses. For the last 6 months he has dropped off the map and has sent nothing. She and her Farang hubby, now back in the UK for the next few months have been paying the bills for the upkeep. Any idea where she legally stands for 1 getting this money and salary back and what her options are if he has vanished ? cheers all in advance.

[JimmyGreaves]

Read it twice and sorry I don't understand. Whose who in the above. Your friend is a man, 3 directors adding his wife + sister or 1 other farang? She manages, who is she? The wife or the farang? give up around there.

[H2ODunc]

I'll try it a bit slower for you !
My friends wife, a Thai lady works for a Farang. With me so far ?
She manages and takes care of this house here in Thailand. Still there ?
He lives in Europe not Thailand. He made her and her sister the Thai directors of the company that owns the house as per Thai law ie 51% Thai.
he has disappeared. He hasn't sent any money to cover her salary or the money to cover the upkeep of the house. OK ?
She has paid this for the last 6 months.
Where does she stand in respect of the salary owed and the money she has laid out for the electric. pool chemicals, etc and what if he has vanished for good ?
Hope that is a little clearer ?
My friend is in the UK but has asked me to try to find out so before I go speak to a lawyer i thought someone here may have a better idea than me. I have never bothered with a company just the wife :-)
Cheers

[Pleng]

I'll try it a bit slower for you !
With me so far ?
Still there ?
OK ?
Hope that is a little clearer ?

I doubt you'll find many people rushing to help you with an attitude like that

[roundeyes]

Hi Dunc

If the golden goose has gone away it may be difficult ... but my understanding is that if they try to sell the house and if this is reported first to the HH tessaban, she may be able to claim the money back on the sale if and when the property is sold... I believe she should call it maintenance money... Which I would say may take some time.

[JimmyGreaves]

Hi Dunc

If the golden goose has gone away it may be difficult ... but my understanding is that if they try to sell the house and if this is reported first to the HH tessaban, she may be able to claim the money back on the sale if and when the property is sold... I believe she should call it maintenance money... Which I would say may take some time.

That would be an ecumenical matter!

[roundeyes]

LOL the Christian Church will not save this lady ... where were you last night Jimmy when we needed you in the white shirt with three lions

[nanyang]

I'll try it a bit slower for you !

For me also because, as Jimmy said, your original post doesn't make sense.

Where does she stand in respect of the salary owed and the money she has laid out for the electric. pool chemicals, etc and what if he has vanished for good ?

Out of pocket - understand?

..... before I go speak to a lawyer i thought someone here may have a better idea than me.

Throwing good money after bad is my opinion

I have never bothered with a company just the wife

Thai wives are in the Premiere League for 'losing' money.

Forget about it unless you have this misplaced Western concept here of principles .

[H2ODunc]

Thai wives are in the Premiere League for 'losing' money.

Forget about it unless you have this misplaced Western concept here of principles

My wife hasn't cost me a penny and actually got me 6 Rai of land from the father for staying with her and making her happy.

As people don't seem to be able to grasp the situation and seem to switch off their sense of humour these days when they log on I will simply go straight to the lawyer.
HHAD certainly isn't the forum it used to be that's for sure.
Mods if you want to close this please do. it only seems to be attracting the trolls !

[nanyang]

My wife hasn't cost me a penny and actually got me 6 Rai of land from the father for staying with her and making her happy.

Priceless.

[STEVE G]

I haven't got any answers but I can imagine that it could be legally a bit tenuous as from how I read the post, the company was just set up to circumvent the law on foreign land ownership in the first place which might not be something that you would want to come out in court.

[barrys]

My friends wife, a Thai lady works for a Farang ...
She manages and takes care of this house here in Thailand...
He lives in Europe not Thailand. He made her and her sister the Thai directors of the company that owns the house as per Thai law ie 51% Thai ...
Where does she stand in respect of the salary owed and the money she has laid out ....

To try to be objective here from a legal point of view, it would be necessary to clarify a few things first.
You say "He made her and her sister the Thai directors of the company that owns the house as per Thai law ie 51% Thai..".
The directors don't own the company, they only administer it. The company is actually owned by the shareholders, and at least 51% of the shares must be held by a Thai natural person and/or a Thai legal entity. So the first question is, who are the shareholders?
Secondly, you say "My friends wife, a Thai lady works for a Farang ...".
Depending then on who the shareholders actually are, I would presume that the lady is working for the company rather than the farang, given that he cannot be the owner outright.
Does she have a contract of employment? If so, with whom.
The next important point is: who of the directors has the signing powers for the company?
One person only? Either/or basis? Joint signature with 2 or 3 directors?
Depending on this situation, it could well be possible for 2 directors to vote the 3rd director off the board, providing they comply with the rules of convocation.
If the remaining directors have signing powers, they could then make a proposal to the shareholders' meeting to rent out/dispose of the property, for example, or even wind up the company.
The proceeds from any such transaction would then be divided among the shareholders according to the number of shares held by them.
Concerning her expenditure, she should have some documentation authorising/instructing her to make such disbursements and also have records/receipts of such payments.
She would then have a right to claim such amounts against the company, either directly from the shareholders (read owners) or from proceeds accruing to the company, e.g. through sale or rental.

Hopefully, that will give your friend some sort of basis to work on.

[Dannie Boy]

Ignoring the legality side of it just for the moment, is anybody living in the property? If not, would it be possible to rent it out to recover some/all of the costs?

[Nereus]

Just to add to barrys post: I believe that the first thing you will need is the Thai equivalent of "Articles if Association". In that document you should find answers to the points raised by barrys.