Foreign Ownership - Land Ownership Krabi Thailand
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Foreign Ownership over the Land in Thailand

Foreign nationals may not own land freehold in Thailand. They can, however, own indirectly through control of a Thai corporate entities e.g. in the form of a company or a limited partnership as long as Thai nationals hold the shares 51% or more. Also, they may register long term leasehold over the land consisting of an initial 30 - year term plus two further 30 year- for a total of 90 years.

Limited Liability Company - this form of purchasing property is the most popular with foreign investors as the Articles of Association can be varied to allow greater protection for foreign minority shareholders where majority Thai ownership is required under the Alien Business Law. Thai law requires that 51% of the shares be held by Thai juristic persons, however, any company with more than 40% foreign interest that purchases land will be investigated by the Central Land Office to ensure that the company has not been organized in an attempt to circumvent the prohibition against foreign ownership of land. This results in the foreign ownership of the company being limited at 39%, but with the recommended changes to the Articles of Association, the foreigner can be the only director of the company, and the only officer of the company who can commit or bind the company in any contractual dealings - effectively giving the minority shareholder control over the company.

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