IBC泰國法律金融會計事務所International Business Consultancy

Avoid mistakes when lending Money in Thailand

在泰國借錢時避免錯誤之須知

What are the things you should aware when you lend money to others in Thailand? According to section 650 of the Thai Civil and Commercial Act defines loan as “A loan for consumption is a contract whereby the lender transfers to the borrower the ownership of a certain quantity of property which is consumed in the user, and the borrower agrees to return a property of the same kind, quality and quantity.”

當您借錢給他人時應注意什麼? 根據《泰國民商法》第650條規定，借錢消費的合約為貸款人將特定數量的財產轉讓給借款人，且借款人同意歸還同樣種類、質量及數量的財產。

Based on section 653 of the Act, verbal contract is enforceable if the loan of money is under 2,000 baht provided with at least one witness. For loan over 2,000 baht, there must be written evidence of the loan signed by the borrower; otherwise, it is not enforceable. The contract is complete only on delivery of the property.

根據《泰國民商法》第653條規定，如借款低於2,000泰銖且至少有一名證人，口頭合約可強制執行。超過2,000泰銖的借款，須有借款人簽署的借款合約，否則視為無效。

The contract is enforceable only when the property is delivered to the borrower.

Interest shall not exceed 15% per year. For interest rate exceeding 15% is not enforceable by court and shall be reduced to 15% per year. Additionally, compound interest is not applicable under this Act. However, after a year, the interest may be added to the principal and then accrue further interest.

只有當財產轉交給借款人時借款合約始生效。借款利息年利率不得超過15％，超過的話無法向法院申請執行，應降低至每年15％。《泰國民商法》不適用於複利，但一年後可以將利息加到本金，並產生更多的利息。

The borrower must keep proof indicating payment of the loan. Such proof is usually a form of a signed receipt or a finalized copy of the original contract[1]. The borrower must bear the costs of the contract and the costs related to delivery and to return the property. In addition, if the period of the loan contract is not specified, the lender may request return of the property after a reasonable time. If a lender or borrower accepts goods in return for a loan, the value of the goods should be based on the current market value.

借款人還清債務後須保留相關憑證，通常是簽名的收據或是最終的合約副本。借款人必須支付合約費以及交付、歸還財產的一切支出。此外，如雙方未指定還款期限，貸款人可以在合理的時間內要求借款人還款。如果雙方接受以物還款，商品的價值應採用目前的市場價格。

IBC International Business Consultancy is a law and accounting firm located in Bangkok, Thailand with experienced lawyers, accountants, and financial advisers. We provide services including investment, tax and legal advice in Thailand.

IBC泰國法律金融會計事務所 (International Business Consultancy) 為一間位於曼谷的泰國事務所，由經驗豐富的律師、會計師、及財務顧問組成，可提供泰國投資、泰國稅收及泰國法律諮詢等服務。