Hi from Phuket

bkkmadness · 08-02-2009, 08:57 PM

As an example, early last year I asked some of her family members to leave the hotel. They refused. So I stopped all income streams and bookings and forced them out when they ran out of money to buy food (it had to be done...

The man even smiles when he has to close down the business temporarily to get rid of some staff. I've never met anyone so cheerful.

**Simon43** · 08-02-2009, 08:58 PM

Re the 'quasi-incompetent' bit, anyone can apply to have anyone (family or not) declared quasi-incompetent! You do not have to be family and be declared the 'guardian' of the person, even if you are not married or related.

The court would look at the medical history and 'social' history of the person for whm the application is being made. So in my case, I was married to her for 4 years, have kids together, have a business together and I 'unofficially' act as her 'guardian' in many financial matters and general matters. Her psychiatrist would support me and the local community would also do so, as would her parents.

It would be impossible for anyone to demonstrate that I have not acted in her best interests at all times.

(I have checked with lawyers and all interested parties re this before, so I know where I stand should I ever need to go down this path...)

Simon

**Simon43** · 08-02-2009, 09:03 PM

The man even smiles when he has to close down the business temporarily to get rid of some staff. I've never met anyone so cheerful.

It wasn't a very cheerful time. I holed up with a friend and waited. Using starvation, police and lawyers took 2 weeks to get them out

Simon

**Butterfly** · 08-02-2009, 09:05 PM

^^ why isn't she under Medical care in a specialized institution ? I didn't follow the thread on TV and don't want to go to TV and bother reading all the pages with the silly comments from TVers

**dirtydog** · 08-02-2009, 09:06 PM

Originally Posted by Simon43

have a business together

But you don't, she has a business, at best you could probably prove that you work for her, but to say you are business partners is on par as saying agoda is a partner in your hotel.

**Simon43** · 08-02-2009, 09:08 PM

Butterfly - decent mental healthcare in Thailand is very hard to find and very expensive. I was paying 15,000 baht a day before!

She cannot be committed because she is not considered 'dangerous', (although chucking the beer glass at me yesterday seemed pretty bloody dangerous...)

Thailand is not like a western country re mental healthcare - that's why there are so many nutters walking around over here

**Simon43** · 08-02-2009, 09:13 PM

DD, you can call it whatever you like and we can talk for ages re this

I'm happy with the situation and my control of the business, and hope to find someone to buy her out in the manner that I've discussed, all with her full approval. (She wants to secure a house with some small 'Thai' business attached, such as a restaurant. She can manage that within her abilities).

PS - Totally OT, but why does my location keep moving (justabove my avatar)? I was in Pattaya and I'm now in somewhere called Grand Palace

bkkmadness · 08-02-2009, 09:20 PM

So if someone comes to buy her out, does he buy her out fully himself, or would you also need to reinvest to become a partner again?

**Simon43** · 08-02-2009, 09:25 PM

Bkkmadness, I would have to reinvest nothing. I would become a 'legal' 50% partner of the new ltd company business. Right now, I manage the business, look after all income and we share the profit 50/50.

Simon

bkkmadness · 08-02-2009, 09:29 PM

But what I am saying is, if a new partner comes along and buys her out completely, why would he suddenly give you 50% of the business?

Surely he would just buy it off her outright and send you on your way, because there is no hotel manager in the world that gets half the business profits for his wages.

What am I missing here?

**Simon43** · 08-02-2009, 09:42 PM

Bkkmadness, it doesn't work like that! The contract that the interested party signs is a contract to convert the existing sole trader business into a new Thai ltd business with myself and the interested party as equal shares, and with a minority share for the 3rd (Thai) shareholder.

She has left me to do all the business dealings re this new contract. She is not capable of doing any direct negotiation.

Although I said that she is not mad-monkey crazy all the time, it's actually relative. 'Normal' for me is when she lies on a sofa all day, singing out of tune karaoke and reading kids' comics.

come to think of it - that's normal for most Thai women!!

Simon

**Butterfly** · 08-02-2009, 09:45 PM

but technically Simon, she can fuck you over. You might be in control for different technical reasons, but she still has you by the balls.

Now you are working your ass off for her, I say she has the upper hand, you don't, she might not be that crazy. The day you try to sell the business or buy her out, might be your last day on Earth. I would walk out of this situation if I was you. Take your kids and move back to England.

bkkmadness · 08-02-2009, 09:45 PM

So this is a bit slippery of you isn't it? The new partner buys her out and you get half ownership of the hotel in the deal?

Surely a savvy enough person is going to realise this, and just renegotiate a contract with her where he pays the same price and gets 100% of the business?

**Simon43** · 08-02-2009, 09:50 PM

Negotiate with who? With her?? Cannot!! I think the seriousness of her condition has been lost on you

She does not have me by the balls and nor can she 'f*ck' me over

I am not talking about a business negotiation between an interested party and a sane business owner. It is a business negotiation between the interested party and myself + lawyers, who are acting in her best interests and with her approval.

I think we've exhausted this discussion. Let's see how it all pans out.

Simon

**dirtydog** · 08-02-2009, 09:58 PM

Originally Posted by Simon43

lawyers, who are acting in her best interests and with her approval.

The lawyers have power of attorney on this then?

bkkmadness · 08-02-2009, 09:58 PM

But surely the interested party is going to wonder why he has to make you a partner too even though you are not making an investment.

From the interested party's point of view they are going to wonder why the hotel manager becomes hotel part owner on the back of their money.

Surely they will want full profits for themselves since they are making the full investment and will tell her lawyers as such, and her lawyers acting on her best interests will give them the new contract in which Simon43 doesn't become hotel partner and take 50% profits.

They will squeeze you out I think. Common sense for them to do that.

**jandajoy** · 08-02-2009, 10:00 PM

I'm just amazed you seem so cheery about it all.

**Butterfly** · 08-02-2009, 10:04 PM

the biggest danger in this country is to think you are in control when you are not,

this is the Thai way,

Simon ask yourself this question: you got into this situation because you misjudged her character the first time, what make you think you are not making that same mistake again by misjudging her and this situation ?

I would hate to see you as another statistics in the Phuket Gazette in the coming few months,

**Butterfly** · 08-02-2009, 10:05 PM

Originally Posted by jandajoy

I'm just amazed you seem so cheery about it all.

absolutely amazing, isn't it ? I would have gone absolutely mad and left with the hotel keys,

**DrivingForce** · 08-02-2009, 10:45 PM

Originally Posted by dirtydog

Originally Posted by Simon43

A better way to describe the solution is that my ex can be bought out in the manner described previously, and a Thai company with myself and the new partner with 50% each of the business would be formed, (maybe need to include a 1% Thai shareholder to meet legal requirements for hotel ownership etc).

Seems owning a hotel must come under completely different laws to other businesses in Thailand, normally a company has to have 7 shareholders and only 49 percent can be owned by nasty foreigners, or maybe you haven't looked into it properly and are mistaken?

Yes.. This among several other distinctive points is what I took notice of too..

As well as all of the additional rational and well grounded comments being made.. Some good advice being passed out here, not the least of which is the possibility of her going off the deep end when the finality of this all comes to it's end game.. She says she agrees today but being Bi-polar it is wise to assume that in a hearts beat it can all go very wrong and pear shaped in a hurry, beer glass not withstanding..

**Simon43** · 08-02-2009, 10:54 PM

BkkMadness, they are not making the 'full' investment. They are buying a 50% share in the business. If they want to buy the business outright, then the price is double. Of course, if they want to pay her 10 million baht then maybe my position is more tenuous!

But negotiations would not even start on that basis. We are friends, exhusband and wife, parents of our kids, business partners and I am her unofficial 'guardian' because of her illness.

Bear in mind that I am not dealing with a Thai woman who is 'cunning' and 'out' to fleece her farang partner. We previously had a good business together before she became ill and had a very happy marriage.

This situation has arisen because of her illness. When she's lucid she is absolutely fine, loving etc. And she wants a solution that is good for both her and me. (Since we have kids together, she certainly does not want to kick me in the balls. If I can grow the hotel business then I am in a better position to help in paying for our kid's education etc).

Note that the only person that she claims to trust is me. That's because many so-called friends (all Thai) took advantage of her illness/mental state to 'relieve' her of large sums of money.

Butterfly - I almost agree with you. The funniest thing was when I had to build a secure gate at the hotel - not to keep thieves out but to keep her in when she goes loopy!! And yes - I keep a tight hold on all the car-keys as well.

**Simon43** · 08-02-2009, 10:57 PM

I gotta go to bed - too much discussion on here. Can we move this thread to the Jokes & Funny Stories forum??

bkkmadness · 08-02-2009, 11:04 PM

Originally Posted by Simon43

BkkMadness, they are not making the 'full' investment. They are buying a 50% share in the business. If they want to buy the business outright, then the price is double. Of course, if they want to pay her 10 million baht then maybe my position is more tenuous!

So she is getting bought out of 100% ownership of the hotel for half the of the money it's worth. The investors gets 50% of the hotel for 50% investment and you get 50% partnership of the hotel for nothing.

Is that right? I can't see how anyone's lawyers would allow that to happen.

**kingwilly** · 08-02-2009, 11:42 PM

Originally Posted by bkkmadness

Is that right? I can't see how anyone's lawyers would allow that to happen.

exactly.

but i'm sure simons lawyers have told him everything that he wants to hear...

**DrivingForce** · 08-02-2009, 11:47 PM

yep, I've had couple of PM's with him and he's on top of it..

all I can say is....good luck!! Hope it all works out for him..

He's had his share of kicks in the groin hope for his sake he isn't setting himself up for the final kick off..

Thread: Hi from Phuket

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