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What Is a "Protected Leasehold" in Thailand?

Transcript of the above video:

As the title of this video suggests, we are discussing leaseholds in Thailand. I was in correspondence with a client the other day who was looking at possibly leasing or purchasing property here in Thailand, gaining long term access I would say to property here in Thailand and this term, euphemism whatever you want to call it, came up, this notion of a "protected leasehold". Quite frankly, when I first heard it I was like, "what does that even mean?" It was apparently by the counterparty that was trying to sell this person something, this was sort of pushed if you will as being some kind of I don't know, it is sort of like there is the terminology out there "sponsored work permit". It is like a phrase that sounds very I hesitate to use this word for fear of seeming to be in the pejorative, but it is sort of used to enhance the legitimacy; it just makes it sound more credible. Again "Sponsored Work Permit", I have done videos on this. That is kind of a meaningless phrase; all Work Permits are sponsored. On top of that, it has implications of its own which may in fact be problematic to the point of being illegal. I have done a number of videos on that. 

The purpose of this video is this term sort of "protected leasehold". It seems to be one of these terms that has been sort of designed to sound more credible than it is. There is nothing and I am an American Attorney, I have Thai nationality but I am an American Attorney by training and I was discussing this with the Thai Attorneys here in the office and they said "yeah there is nothing in the Code we have ever heard of that is a "protected leasehold". There are leaseholds and there are purchases and non-leaseholds, there is freehold but this notion of a "protected leasehold". We got a little further into it, apparently it is just sort of kind of a catch all term for a lease maybe plus some other type of legal arrangement that may provide some extra piece of mind to the person that is taking over use of the property; taking over enjoyment of the property. I am not saying necessarily be careful with folks with this, but the way that it was stated to who I was dealing with, the client we were talking to, it was sort of in such a matter of fact way that it was almost like a sales technique if you will to make something sound more, again more credible than perhaps it is just on its face. Maybe somebody hears "lease" and it doesn't make them feel warm and fuzzy inside but they hear the term "protected leasehold" and it makes them feel better. 

Long story short, phraseology aside, if you are looking to make a major purchase or make a major payment for example or lock in to a major long-term commitment such as a lease, the due diligence is what it comes down to. Again, setting aside all the terms and phrases one can throw about, you want to go ahead and do the due diligence to make sure that the counterparty has the rights and has the benefits that you are trying to acquire and then go ahead and make certain that the formalization process is undertaken in such a way that you acquire those rights and maintain them moving forward.