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Thai Companies Used for Property Ownership

Transcript of the above video:

As the title of this video suggests, we are discussing Thai Companies used for owning property. As I have discussed in other videos, this is possible but you have to be very, very careful in structuring such an entity such as this.

Thai Law is explicit, foreigners are prohibited from owning property here in Thailand but there may be circumstances where property ownership comes about under a corporate structure where it may be okay. Depending on how it is structured and also depending on the use of the property it may be possible. It has been my experience you want to be very, very careful with a Company that is just a dead, non-functioning Company that is used to own like someone's residence; that can be very problematic. I am not saying it is impossible to do but again, it is going to be circumstantially dependent. Generally speaking where you have a Thai majority owned company where there is a foreign investor, a foreign I can't say partner in a corporate context, but there is a foreign stakeholder within that entity it may be possible that the Company does own property like a factory or a shop house where they are doing business from and that may be perfectly legitimate depending on the facts of the underlying case. 

The thing to understand is it is very much put out there on the internet that: "Oh no, you just set up a company and it is just a formality", that is not the way to look at this. Understand also, nominees are illegal in the Kingdom of Thailand pursuant to the Foreign Business Act and foreigners are prohibited from owning property so when dealing with companies that own real estate in Thailand you need to be very, very careful.