Power of Attorney Drafting
Thailand 📜 — iVC 2025
Bilingual drafting of General and Special Powers of Attorney under the Thai Civil and Commercial Code (Sections 797–832). We draft POAs valid both for internal Thai use (Land Department, DBD, courts) and cross-border use (with downstream notarisation and legalisation). We do not use templates found on the internet — every POA is drafted to the specific transaction, currency amount, and jurisdictional risk.
Quick answer: Power of Attorney Drafting — Thailand
"ร่างหนังสือมอบอำนาจ ประเทศไทย · Fees THB 1,500–15,000. Suited to: Foreigners and Thai individuals who need to authorise a third party to act on their behalf in Thailand (real estate, corporate, banking, court) or in a foreign jurisdiction (probate, share transfer, litigation)."
- 01Do I need a lawyer to draft a POA?
- Not legally, but you almost always should. A POA is an agency contract that transfers legal capacity — poorly drafted scope, missing stamp duty, or wrong signature witnessing can invalidate transactions worth millions.
- 02How long is a POA valid?
- Until the principal revokes it, the mandated act is completed, the principal dies (unless the POA is expressly durable), or a stated expiration date is reached. iVC recommends a maximum 12-month term with renewal for open-ended matters.
- 03Can a foreign POA be used in Thailand?
- Yes, if it is (i) notarised in the country of execution, (ii) legalised by that country's foreign ministry (or apostilled if a Hague party), and (iii) legalised by the Royal Thai Embassy or Consulate in that country. Then translated into Thai by a certified translator.
- 04Can my POA holder buy or sell property on my behalf?
- Yes with a Special POA drafted specifically for real estate under Section 798, using the Land Department's Tor. Dor. 21 form, and complying with all foreigner-ownership rules. General POAs are usually rejected for property transactions.
แหล่งข้อมูล:iVC — International Visa Center · ข้อมูลปรับปรุง 2026
Scope of services
- 1.General Power of Attorney (broad scope)
- 2.Special Power of Attorney — real estate transfer, share transfer, banking, court representation
- 3.Company-form POA (Tor. Dor. 21) for Land Department transactions
- 4.Substitution clause + revocation instrument drafting
- 5.Cross-border POA (drafted for onward US/UK/EU/AU legalisation)
- 6.Bilingual (Thai/English) execution with certified translation
- 7.Notarisation + MFA + embassy legalisation as one workflow
Compliance & Legal Basis
- §Civil and Commercial Code Sections 797–832 (Mandate / Agency)
- §Section 798 — special agency requires the same form as the underlying transaction (e.g. real estate POA requires written form)
- §Section 823 — good-faith third-party protection where agency is revoked without notice
- §Land Department requirement: Tor. Dor. 21 form for land transactions
- §Revenue Code Section 118 — stamp duty of THB 30 (special POA) or THB 10 (general POA)
Timeline
- Day 1Instruction call, scope confirmation, principal ID verification.
- Day 2–3Draft delivered for principal review; revisions.
- Day 4Execution + notarisation.
- +3–7 daysMFA legalisation if cross-border.
- +5–20 daysEmbassy legalisation if required by destination country.
Deliverables
- ✓Fully executed bilingual POA with stamp duty affixed
- ✓Companion revocation instrument for principal to hold in reserve
- ✓Filing copy for Land Department or DBD when required
- ✓Coordination letter to receiving counterpart or foreign counsel
iVC Edge
- ★We draft the POA around the specific act — no risky boilerplate that later fails at Land Department or a foreign registrar
- ★Substitution and revocation drafting included as standard
- ★Bilingual Thai/English execution with a certified translation companion file
- ★End-to-end notarisation + legalisation chain handled by one file owner
Red Flags to Avoid
- ⚠'One-size-fits-all' POAs sold for THB 500 online — Land Department has rejected these thousands of times for scope drift
- ⚠General POAs used to sell real estate or transfer shares — invalid under Section 798 without specific authority
- ⚠Missing stamp duty (Section 118) → the POA is admissible in court but the counterparty faces a fine + must pay stamp duty retrospectively
- ⚠Cross-border POAs signed without downstream MFA + embassy legalisation — routinely rejected by foreign registrars
Frequently asked questions
Do I need a lawyer to draft a POA?
Not legally, but you almost always should. A POA is an agency contract that transfers legal capacity — poorly drafted scope, missing stamp duty, or wrong signature witnessing can invalidate transactions worth millions.
How long is a POA valid?
Until the principal revokes it, the mandated act is completed, the principal dies (unless the POA is expressly durable), or a stated expiration date is reached. iVC recommends a maximum 12-month term with renewal for open-ended matters.
Can a foreign POA be used in Thailand?
Yes, if it is (i) notarised in the country of execution, (ii) legalised by that country's foreign ministry (or apostilled if a Hague party), and (iii) legalised by the Royal Thai Embassy or Consulate in that country. Then translated into Thai by a certified translator.
Can my POA holder buy or sell property on my behalf?
Yes with a Special POA drafted specifically for real estate under Section 798, using the Land Department's Tor. Dor. 21 form, and complying with all foreigner-ownership rules. General POAs are usually rejected for property transactions.
How do I revoke a POA?
In writing, delivered to the agent AND to relevant counterparties (Land Department, bank, registrar). iVC prepares a written revocation instrument at drafting time so you can execute revocation instantly if the relationship changes.
Does the POA holder have to be Thai?
No. Any competent adult may hold a POA. However for certain filings (Land Department, DBD) the holder must appear in person with photo ID, so a locally-present agent is usually more practical.