Thailand Law Blog
How to Start a Business in Thailand
Starting a business in Thailand as a foreigner isn’t as simple as it sounds. The rules are strict regarding foreign ownership, and the risks are often unclear. If you’re a foreigner planning to start a business in Thailand, one mistake during the registration and startup process can set you back for months or shut your […]
Sale and Purchase Agreements
If you are considering purchasing property in Thailand, you will want to be familiar with sale and purchase agreements. While you should always consult a reputable attorney and conduct due diligence before signing any agreement obligating you to purchase a property, you can learn from a careful review of any contract or agreement offered. In […]
Foreign Ownership of Industrial Land in Thailand
Although the Thai Land Code generally prohibits foreigners from owning land, one notable exception applies to land located within an industrial estate under the Industrial Estate Authority of Thailand Act of B.E. 2522 (1979), as amended. Under Section 44 of the aforementioned Act, foreign entrepreneurs are allowed to own industrial estate land to conduct business, […]
Legal Barriers to Escrow in Thailand
Finding escrow services in Thailand can be hard, but there are a few legal options. Some large international developers will cooperate with their buyers to use offshore escrow services in certain situations. However, the use of offshore financial institutions can add additional risk due to currency exchange issues. In some situations, the parties to a […]
Practical Barriers to Escrow
In some countries, such as the US, the use of escrow services when executing a property purchase is widely accepted as a way to reduce the risk inherent in the transaction. However, any type of escrow arrangement in Thailand is very rare, for legal, cultural, and practical reasons. Even for buyers who want to use […]
How to Make a Thai Will
Foreigners living in Thailand and those owning immovable property in Thailand usually need a Thai will. It is a good idea to work with an international law firm, such as Siam Legal, to ensure that your estate plan complies with Thai law. Thai law provides that if you are competent to draft a will in […]
The Right of Habitation
In addition to lease in Thailand, usufructs and superficies, Thai law provides another specialized type of legal property rights that may be of interest to some foreigners living in Thailand. The right of habitation (arsai) entitles the recipient to live in a building rent free for a period of time up to 30 years or […]
Hire of Immovable Property for Commerce and Industry
Foreign investors seeking to lease land in Thailand for business purposes may find themselves limited by the 30 year lease limit posed by the Civil and Commercial Code. Indeed, the 30 year limit is rather short in comparison to lease limits in other jurisdictions; such as Vietnam, which allows residential lease terms from 50 to […]
Foreign Business Licenses
According to Section 17 of the Foreign Business Act, B.E. 2542 (1999), foreigners may apply for a license to operate businesses that would normally be prohibited to them under Lists 2 and 3 of the Act. Between March 3, 2000 to February 29, 2012, a total of 2,928 licenses were issued to foreigners (1,091 licenses […]
Buying Off-Plan: The Sales and Purchase Agreement
Off-plan condominium projects are an attractive option for foreigners desiring to live in Thailand because they offer the prospect of purchasing something that is brand-new. However, several concerns will naturally arise if one should enter into an agreement to purchase a new home in a pre-constructed condominium. In the past, unscrupulous developers have been known […]
