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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.
Learn more about
How to buy property
Foreign Ownership over the Land
in Thailand Buying a apartment
or condominium
Property Tax in Thailand
Thailand Land Titles
Thailand Measurement of
Land
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