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ResourcesThailand Real Estate & Property LawTitleWill The Thai Land Code Be Amended To Target "Proxies"?

Will The Thai Land Code Be Amended To Target "Proxies"?

Transcript of the above video:

As the title of this video suggests, we are discussing the Land Code here in Thailand. As a preface it should be noted as we have noted in many other videos, foreign nationals are able to own certain types of real estate here in Thailand or certain types of real estate instruments. Most notably Thai condominiums can be held in what is called Fee Simple Absolute in an American Common Law vernacular, sometimes referred to as Freehold Title or Chanote Title here in Thailand, it is possible for foreigners to own a condo outright. There may also be certain legal instruments out there such as usufruct, leases, things of this nature which foreigners may be able to avail themselves of. But as discussed in many other videos, foreign nationals are precluded from owning land here in Thailand. 

Now with that stated, I thought of making this video after reading a recent article from the Pattaya Mail, that is pattayamail.com, the article is titled: Foreigners working without a permit in Thailand face Crackdown. Now I am going to quote a small except here. I urge those who are watching this video, go check out that article in detail; a lot of good insight in there, a lot of information contained in there that is worth noting. Quoting directly: "The Land Code needs revision to insist that purchase of land is subject to more scrutiny lest proxies are present in the company." So what I think they are talking about here in this article is the practice of utilizing Thai corporations in order to in many ways and I think in a lot of cases, circumvent the rules against foreign land ownership. Now to be clear, there are scenarios and I have discussed this in the past and there are a pretty narrow subset of scenarios wherein I think Thai Law is okay with a foreigner being on a company that happens to have some property interest and I have discussed that in other videos, but it's very, very narrow. Again, those who think they may fall into this sort of narrow exception if you will, it is a really good idea to contact a legal professional on that because you can find yourself in a real problem if you are not within that narrow subset. That being said, generally speaking as I have discussed in other videos and in conference with Thai lawyers here in our office, it is clear to us that yeah, using a company to circumvent the law regarding Thai land ownership is clearly restricted in Thailand, so that's something to understand. So I think that is what they are talking about in regards to this excerpt is proxies within a corporation that is then being used as sort of a smoke screen if you will or colour of law instrument to then own property in Thailand notwithstanding the legal restriction regarding that issue. 

So again, I could see maybe a scenario where the Land Code is tightened up or maybe the Land Code itself is not amended, but the regulations pertaining to enforcement of the already existing law is tightened up to allow for further enforcement activities. I could definitely see a scenario like that also playing out here in the Kingdom of Thailand.