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Risks Associated with Thai Property Holding Companies

Transcript of the above video:

As the title of this video suggests, we are discussing Thai Property Holding Companies and for those who are unaware, this is something you need to be really careful with. I have discussed this a lot in videos.

There are circumstances in which a Company in Thailand may hold property and that property may be of varying degrees of use to a foreign national. Again this will depend heavily on the circumstances of the underlying situation. In the situations where I have seen this work out quite frankly most within line of policy and law here in Thailand is where you are talking about premises that may, oftentimes I see this in the context of married couples where they have things like a shop house or they have a small restaurant; maybe their home and maybe like a residence but they have converted part of it into a restaurant and they use a corporate structure to do this. The Thai national, in this case oftentimes it's a spouse will own 51% and the foreign national will own 49% but that foreign national has use of that property. You need to be really careful with this and a good reason I was thinking about and it was sort of corroborated by a recent piece of correspondence we received from a viewer: Quoting directly: "The Ministry of Commerce has discretion to close down any Company it deems violating the law. A Company that has a sole purpose to hold and use residential unit for a foreigner is a prime example of circumvention of the law on companies. Usually you are given a year to wind up the company." Noteworthy, I thought that was notable; a good point made by a viewer.

Yeah if this is deemed to be an issue; if it is deemed that something is used pretensively, a corporate structure is used pretensively for the benefit of a foreigner to own land in Thailand, yeah Thai Law is pretty clear on this. That is illegal and that structure could be dissolved. I have seen it happen and it is not a pretty sight, people. You don't really want to see that so this is a good reason why if you are looking to have some sort of use of property here in Thailand, it may be a good idea to contact a legal professional, gain some insight and guidance into how best to proceed.