RISK MANAGEMENT

Risk management ​​in Phuket

Phuket is a magnet for foreign investors, and it can come with success or failure depending on several factors. However, the most critical factors are possible to do the due diligence and management before a deal. We strongly recommend at least three types of due diligence for risk management.

Three types of due diligence we would recommend

1. Business due diligence
2. Property due diligence
3. Contract validations

1. Business due diligence

Business due diligence provides a deep background of a person or a business to ensure you know your customer or contracting party and fully understand them. We focus on financial and commercial profiles, including potential legal problems and other legal-related issues, to inform you of the possible risk.

For the business due diligence in Phuket, at minimum, the following information needs:

• Financial statements include capital investment and outstanding liabilities (tax, rent, monthly wage payments). In some cases, we found a business with two million capital investment operates a one billion project which is nearly impossible to complete as described in advertising.
• The business structure includes shareholders and directors, voting, and dividend rights.
• Business reputation, public judgment on goods or services, and lawsuits history.

Learn more about the limited company in Thailand >

2. Property due diligence

Purchasing a property in Phuket is very popular with foreigners, especially villas and yachts. In some Western countries, when transferring ownership of property like real estate, the law obliges the parties to use the services of a public body or representative to protect the buyer by making due diligence compulsory.

Unfortunately, such a system is not applied in Phuket, and due diligence needs before a transaction, a minimum of property due diligence are as follows.

• Ownership and legal status of the property include registration documents, a title deed, bordering, access (easement rights or servitude), zoning, and building permit. For condominiums, the license must be verified to ensure that freehold and leaseholder rights can be registered for legal protection.
• Encumbrances to be sure that the property is free and clear of any liens, pledges, claims, and any other limitations.
• Possible legal matters and legal execution in relevant like unresolved legal disputes.

Learn more about property due diligence in Thailand >

3. Contrat validations

Ensuring that all contracts are legally binding under Thai law, also international law in case of international trade, whether the sale of goods or services. To prevent the possibility of voiding the contract. The minimum contract validation needs to be validated as follows;

• Legal capacities such as the authority to enter into a deal in real estate and some boat, a minor, marriage person, or guardian person can not be made without the consent of a related person or a court order.
• Contract objectives must not be prohibited by the law, especially public order, good Thai morals, or impossible to execute.
• Compulsory forms set forth by law include a vocable contract, a written contract, or registration at the due administration.

Learn more about how to make a contract in Thailand >

Conclusion

Risk management is an essential step of the business deal. Due diligence reports and property owing diligence can be positive or negative; it helps you decide when to commit to an agreement. However, it can change over time.

Tags; Risk management in Phuket, Due diligence in Phuket, Business due diligence, Legal, due diligence.