Power of Attorney in Thailand

Power of Attorney in Thailand. A Power of Attorney (POA)—หนังสือมอบอำนาจ—lets a “principal” authorize an “agent” to act in their name. Under Thai law this sits inside the Civil and Commercial Code’s rules on agency. It’s flexible and widely used (property transfers, corporate filings, banking), but it’s also formal: the scope must be clear, and the way you execute and present the document often determines whether officials accept it. Below is a practitioner-level tour of what matters in Thailand.

1) The legal backbone (what the Code actually says)

Thai law defines agency and sets formalities and limits:

Definition & form: Agency is the authority to act for another. If the underlying transaction must be in writing or evidenced in writing, the agency appointment must also be in writing (e.g., selling real estate, entering certain contracts). That’s Section 797–798 of the Civil and Commercial Code (CCC).
Duties & personal acts: An agent must follow the principal’s instructions and usually act personally unless permitted to sub-delegate. (Sections 807–809).
Effect on third parties: Acts within authority bind the principal; unauthorized acts don’t—unless ratified. Apparent authority can still bind a principal if they held the agent out. (Sections 820–825).
Termination: A POA is generally revocable at will and ends on death, incapacity, or bankruptcy of either party—unless the nature/terms indicate otherwise. You must also consider notice: revocation isn’t effective against the other party or third parties in good faith until they know. (Sections 826–831).

Key implication: Thailand does not recognize a “durable” POA in the common-law sense by default; build survival language only where the Code allows (e.g., where the “nature of the business” demands continuity), and even then manage notice carefully.

2) When the POA is for property: use the Land Department forms

For registering rights or juristic acts over immovable property (land, houses, condos), Land Offices do not accept a lawyer-drafted general POA. They require their own Thai-script forms:

ท.ด.21 (Tor Dor 21) – for land/title deed transactions
ท.อ.4 (Tor Or 4) – for Nor Sor 3/Nor Sor 3 Gor transactions
อ.ช.21 (Or Chor 21) – for condominium units

These forms are downloadable from the Department of Lands and clearly show the required particulars and witness/signature blocks. Bring the completed official form (not a bespoke POA) or you’ll be turned away.

Practice point: The form layout itself enforces specificity—property identifiers, ID/passport data, and witnesses—so fill them exactly as per IDs/title deeds. If signing abroad, see Section 4 below on legalization.

3) What kind of POA? Draft to the job

Special (limited) POA: The norm in Thailand. Precisely authorizes one transaction (e.g., “register transfer of Unit X at Land Office Y,” “submit and sign DBD filings for Company Z”).
General POA: Useful for ongoing representation (bank operations, litigation instructions), but narrow the scope and add reporting/expiry to avoid implied authority problems under CCC §§820–823.

For court work, the attorney-of-record’s authority follows procedural rules (vakalat/authority to act), separate from a private POA. For corporate filings, attach board resolutions and the current company affidavit when the agent signs with the company’s seal.

4) Signing inside vs. outside Thailand (notarization & legalization)

Inside Thailand
Sign before a Notarial Services Attorney (Thai-licensed lawyer certified to notarize) if the receiving agency requires notarization. For Land Office POAs, officials mainly care that you used the correct Land Department form and completed it properly; some branches also prefer certified copies of ID pages attached.

Outside Thailand

Thailand is not a party to the Hague Apostille Convention, so there is no apostille route for documents destined for Thai authorities. Documents signed abroad typically need (i) local notarization, (ii) authentication by the foreign ministry (or equivalent), and (iii) legalization by a Thai Embassy/Consulate. Royal Thai Embassies specifically offer signature certification for POAs (including land POAs). Check your embassy’s checklist and fees.

5) Contents that Thai recipients actually check

Exact personal data: Names and addresses exactly as per passport/Thai ID; passport numbers with issuing country; for companies, registered name, number, registered office as per the DBD affidavit.
Scope & act: The juristic act must be explicit (sell/accept transfer/submit application/collect document). Avoid blanket wording that invites challenges under §§820–823 on authority.
Property identifiers (if any): Title deed number, land number, sub-district/district/province, condominium juristic person and unit number, mortgagee details if needed. Using ท.ด.21 / อ.ช.21 ensures these appear.
Dates & deadlines: Add a sensible expiry date. While not legally mandatory, it reduces risk of a stale instrument being questioned (and helps you control the agent’s window of authority).
Witnesses & signatures: Follow the designated witness fields on Land Department forms; signatures must match passports/IDs. If any correction/strike-through appears, countersign near the edit.

6) Real-world scenarios (with common pitfalls)

A) Selling a condo while abroad

A foreign seller signs อ.ช.21 overseas before a local notary; the document is then authenticated by the local foreign ministry and legalized by the Royal Thai Embassy. The buyer’s agent attends the Land Office with (1) the legalized POA, (2) copies of the seller’s passport (often certified), (3) the original title deed and developer letters if needed, and (4) tax/fee funds. Pitfall: Using a general POA in English—rejected at the counter; missing legalization—rejected.

B) Company director authorizes a staffer to file at the DBD

The director issues a special POA naming the precise filings (e.g., financial statement submission, change of director’s address). Attach the board resolution authorizing issuance, plus the company affidavit and ID of the agent. Pitfall: Vague authority wording; DBD officers query whether the agent can sign the specific forms—tighten scope and attach the resolution.

C) Banking/finance operations

Banks in Thailand typically require their own POA formats or specific clauses (cash withdrawals, ATM reissuance, internet banking reset). Pitfall: Bringing a beautifully drafted POA that the bank’s branch won’t accept because it lacks their standardized wording—ask the bank for its template in advance.

D) Litigation steps

Courts will look for proper attorney authority under court rules; a private POA supplementing instructions to your law firm is fine, but it does not replace the required court authority form. Ensure the private POA aligns with the engagement to avoid apparent-authority disputes (CCC §§820–823).

7) How (and when) a POA ends—and how to end it safely

By default, a POA ends when revoked, renounced, or when either party dies, becomes incapacitated, or bankrupt. To avoid “ghost authority” problems:

Revoke in writing and date it.
Notify the agent and all counterparties who might rely on the POA (banks, Land Office if an appointment is pending). Under §§830–831, revocation isn’t effective against the other contracting party or third parties in good faith until they know—so send notice and keep proof.
Collect/void originals and mark copies “revoked.”
If a transaction is underway (e.g., property transfer scheduled), coordinate withdrawal with the Land Office to prevent the agent from using the instrument before your notice lands.

8) Risk controls worth adding

Document list: In the POA or annex, list exactly what the agent can collect/submit (e.g., “collect original title deed,” “submit FET documents,” “receive tax clearance”).
Reporting clause: Require status updates and deliver-back of originals.
Cap on value/price: For sale POAs, state minimum/maximum price, tax-fee handling, and who bears what.
No substitution: Unless you mean it, forbid sub-delegation to keep control (CCC §808).
Expiry: A short sunset (e.g., 90 days) narrows misuse risk and reassures officials the document is current.

9) Checklist (practical, not theoretical)

Identify the exact act the agent must perform.
Pick the correct form (Land Department’s ท.ด.21 / อ.ช.21 for property; bank/agency templates where applicable).
Prepare Thai-language content (bilingual if you need it), mirroring IDs and title-deed details.
Sign before the appropriate officer (Notarial Services Attorney in Thailand, or local notary + Thai Embassy legalization if signed abroad; no apostille route).
Attach certified ID/passport copies, company affidavit/board resolution if a company is the principal.
Keep originals safe; give the agent only what is needed for the filing.
Revoke with notice when done; retain delivery proofs (per §§830–831).

Bottom line: Treat a Thai POA as a targeted tool, not a blank check. Get the form right (especially for land/condo), make the scope unambiguous, handle legalization properly if you’re abroad, and manage revocation by giving notice. If you do those things, the document will work smoothly in Thai practice and stand up against the Code’s agency rules when questions arise.