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Thai Police Investigate "Nominee Structures" "Used to Conceal Foreign Control"?
Transcript of the above video:
As the title of this videos suggests, we are discussing, well nominee structures, working illegally, illegal operations in Thailand and police involvement therewith. The police have been investigating this pretty heavily especially as there have been local complaints from Thais regarding foreigners coming in here and flouting laws regarding foreign restriction of occupations and basically types of business activity that can’t be engaged in by foreigners here in Thailand.
I thought of making this video after reading a recent article from The Phuket News, that is thephuketnews.com, the article is titled: Patong businesses raided in nominee crackdown. Quoting directly: "Officers from Phuket Immigration led a coordinated task force in a series of raids at five business locations in Patong." Worth noting, this is law enforcement raiding five different locations, okay? And as we get to, quoting further from that article: "Investigations produced sufficient evidence to secure a search warrant from the Phuket Provincial Court No. 242/68 dated October 22." So again, this was assiduous investigation on the part of the Thai police. The point I'm trying to make is they are putting serious resources behind this stuff. If you are a foreigner looking to come and work in Thailand, you need to be certain that you are not going to be in violation of this stuff, or you can find yourself in some real problems. Again, a search warrant was issued in this. This is treated as a law enforcement matter okay, in certain cases, criminal law enforcement matter.
Again, quoting further from that same article: "Officers also inspected two nearby restaurants believe to be owned and operated by Foreign Nationals. In one case, an Israeli man admitted to managing the restaurant, handling sales and receiving payments himself." Again, you have got to be careful with that kind of thing because again, I'm not totally aware of the underlying facts, but just based on that, that alone, those activities, some of them and in totality could be viewed as violative of various aspects of restricted occupations here in Thailand. Quoting further: "Business registration and tax documents were seized for investigation to determine whether nominee structures were being used to conceal foreign control." As we discussed in other videos, nominees are illegal in Thailand. You cannot engage in a situation where somebody is just purely holding the shares and doesn't have any idea what's going on in the business, not actively involved in the business, is just purely a proxy. That is illegal in Thailand; there are criminal penalties associated with that. Those who are looking to do business in Thailand should be very well aware of that.
Those who find themselves a bit overwhelmed by all of this because they say look I'm just trying to come to Thailand, abide by the law, set up my small business and do my thing, again if you are feeling overwhelmed by some of this and don't really understand how to deal with the analysis, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.
