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"Nominees by Foreign Businesses in Thailand Is a Growing Concern"?
Transcript of the above video:
As we have discussed in many videos before, nominees are explicitly illegal in Thailand. It is illegal to own shares on behalf of someone else in a company here in Thailand; it's explicitly illegal under the Foreign Business Act, I have pointed that out in prior videos.
That said, I thought of making this video after reading a recent article from the Bangkok Post, bangkokpost.com, the article is titled: Hoteliers decry use of illicit foreign entities. Quoting directly: "The widespread use of Thai nominees by foreign businesses in Thailand is a growing concern amongst Hoteliers who fear that low prices and quality could destroy the tourism reputation of the country according to the Thai Hotels Association's (THA) monthly sentiment index. Quoting further: "Thienprasit Chaiyapatranun, President of THA, said around half of the hotels in Thailand are worried about illegal foreign businesses and investment here, including Chinese entrepreneurs, according to the hotel operator business sentiment index for October. Quote: "The Government should put in more efforts to crackdown on those illegal businesses as they will impact the whole tourism industry."
Yeah, look at the end of the day, this is something that foreigners, it's another one of these that they kind of say "oh it's okay, and you can do what you want." Look, at the end of the day, you need to be very careful with nominees. We here at our firm, we have to deal with that issue ourselves. Generally speaking, it's not the biggest issue you need to deal with because most of the time, meeting the requirement of not being a nominee is not that high a threshold. That said, if you're trying to utilize some sort of corporate structure in order to effectively own land and use nominees thereby, that's kind of a recipe for real problems because as we have discussed in prior videos, one) trying to use a company to own land in the vast majority of cases is completely illegal. Secondly), more and more, as the digitization of corporate records has become a reality, Thai Law Enforcement is increasingly aware of shall we say more "suspicious" looking entities here in the Kingdom.
So again, the thing to take away from this video is if you're structuring a business, if you're looking for example to come to Thailand to set up a hotel, that is possible. There are ways to do that. You can do it legally and you can be in full compliance with the law and have your rights and all of your privileges with respect to your operation respected, but it is very, very important to maintain relevant formalities and also to maintain compliance with relevant Thai Laws regarding nominees here in the Kingdom of Thailand.