Foreign Currency Requirements for Purchasing a Condo

The Condominium Act of 1979 is restrictive of foreign ownership of condominiums in Thailand, but generally allows it for foreigners who permanent residents, or those who have entered the country on an investment promotion visa, or for those who have fulfilled certain requirements related to the transfer or withdrawal of foreign currency. In regards to […]

Continue Reading

Company Registration: Shareholder Meetings

Shareholder meetings form an important element of Thai company law, as Section 1144 of the Civil and Commercial Code states that “Every limited company shall be managed by a director or directors under the control of the general meeting of shareholders and according to the regulations of the company.” Therefore, shareholders play an important, albeit […]

Continue Reading

Acquisition of Land in Thailand by a Foreign Government

| December 9, 2016 | Land, Property

The acquisition of land or a condominium unit in Thailand by a foreign government for official use, such as for use as an embassy or consulate, is not covered by any specific legislation. Therefore, assuming that a foreign government intended to acquire land or other immovable property in Thailand for official use, such an acquisition […]

Continue Reading

Foreigner’s Right to Value of Land in Thailand

| December 2, 2016 | Land, Property

An important principle of Thai law regarding foreign investment in land is that where the foreigner has purchased land, but is not able to legally register ownership of the land, he or she is entitled to the monetary value of the land. This principle is demonstrated in the following Land Department Advisory Opinion: During litigation […]

Continue Reading

Disposal of Land Owned by a Foreigner

| November 25, 2016 | Land, Property

According to the Land Code of Thailand, it is unlawful for a Thai national to own land as the agent of a foreigner. The act of doing so entails criminal penalties for both the Thai national and the foreigner involved. Furthermore, one consequence of “nominee landownership” as it is called, is that the land that […]

Continue Reading

Acquiring Land with a Foreign Spouse

The primary concern behind Thai government regulations related to the acquisition of land by a Thai national married to a foreign spouse is the issue of nominee landownership. Under the Land Code of Thailand, the act of a Thai national owning land as an agent of a foreigner, which is to say, for the benefit […]

Continue Reading

Acquiring Land in Thailand with a Foreign Spouse

At this time, Thailand does not prohibit its citizens who are married to (or cohabiting with) foreign spouses from acquiring land. Nevertheless, the acquisition of land by Thai nationals who are married to foreign spouses is extensively covered by government regulation and it is conditioned on the legal principle that any land owned by the […]

Continue Reading

Liability of Limited Partner in Thailand

A defining characteristic of the Limited Partnership under the Civil and Commercial Code of Thailand is that it distinguishes between limited partners and managing partners. This is a different situation than with an ordinary partnership where all the partners have joint and unlimited liability. In a limited partnership, the managing partner or partners assume joint […]

Continue Reading

Setting Up Company Partnerships under Thai Law

The Civil and Commercial Code of Thailand provides for the formation of partnerships as is found in the laws of other countries. However, partnerships are normally not formed by foreign investors due to particular difficulties that arise due to the Foreign Business Act of 1999. Generally speaking, the formation of a limited company is more […]

Continue Reading

Income Tax Implications for Loans Between Private Companies

A Revenue Department Advisory Opinion issued on January 21, 2015 provided guidance regarding income tax implications for loans issued between private companies. The facts were that Company A was registered as a limited company, with an unspecified amount of registered capital, and with no branch offices. The accounting period of the company was April 1 […]

Continue Reading

Search the blog