To ensure your Property Investment in Thailand will be fully protected, we recommend necessary steps for Property Acquisition in Thailand as the following:

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1. Foreigner Property Regulation:

Basically it is worth to share the fundamental rule according to Thai Law, foreigner is not allowed to own the landed property. Therefore, only one type of property that foreigner is allowed to own is the condominium or apartment that is registered as condominium and separated Title Deed is issued particularly for such unit, and foreigner will be allowed in one building maximum 49% of total building area, money for purchase of the condominium also strictly required to be brought from overseas with the evidence of remittance.

For Foreigner who is interested in buying landed property, there are several options to entitle the right of possession such as (1) Leasehold for 30 years term (2) Leasehold the land and ownership on the building (3) Ownership through the Thai company (4) Other property rights such as Sub Ing Sith, Habitation, Superficies, Usufruct and etc. For further information please feel free to contact us

2. Due Diligence on the Property and Seller:

To ensure your investment will be fully protected, we always recommend our client to conduct the proper Due Diligence to check the following scope:

a. Legitimacy of Title Deed, by checking the original file at the database of land office.

b. Legitimacy of seller’s ownership, by checking the name of seller which has been registered as owner in the original file at the database of land office.

c. Obligation on the title deed, by checking registered right and obligation to any third party on the title deed such as mortgage, servitude, lease, etc.

d. Seizure or Transfer Restriction, by checking with land officer whether the title deed has any writ of transfer restriction which may caused by seller’s creditor or outstanding tax.

e. Outstanding CAM Fee, in case the property is a condominium or any property in the property development project, if there is outstanding CAM Fee, the title deed shall be restricted to transfer as Free Debt Certificate is required.

f. Seller’s legal status, by checking Bankruptcy Status and status of being put under receivership as appears in the database of Legal Execution Department.

g. There are also additional scope of due diligence upon request such as National Forest Area Restriction, Land Usage Restriction, Accessibility to Public Road, Military Area, Land under the Law of Agricultural Land Reform, etc.

We provide legal service for conducting the Property Due Diligence, please feel free to contact us if you have any questions.

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3. Sale and Purchase Agreement:

Another significant part to protect your right, Sale and Purchase Agreement should be fair and equally for either Seller or Purchaser. Furthermore, for the sale and purchase transaction with property developer there is a form of Sale and Purchase Agreement to control the form used by developer. Therefore, we always recommend our client to use our legal service for review/comment the agreement for highest benefit and protection. For further information please contact us.

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4. Conveyance of Title Registration

Final step that the ownership right of the property shall be properly transferred from Seller to Purchaser. There are some significant issues that require attention such as the required letter from the bank, letter from Juristic Office as well as other necessary documents required for Seller and Purchaser. We help you ensure the smooth transaction and the ownership properly in your name. For further information please contact us.

Once all steps have been done properly, you can be ensured that your right on the investment will be fully protected. We, W Law International (Thailand) will be pleased to answer all of your questions regarding the property acquisition in Thailand.

For further information please contact us:

Email: info@nitichaiinternational.com

Tel:

Address: Forum Tower fl 27 184/167, Ratchadaphisek Rd, Huai Khwang, เมือง Bangkok 10310, Thailand

Pattaya is one of the most potential cities in Thailand for starting your business as it is only 150km east of Bangkok, it is deemed to be the first destination for multi-national tourist, expat, second home, pensioner and investor. Pattaya, certainly is the right destination for you to start the new chapter!

This content, we, W Law International (Thailand), pleased to provide relevant information for your consideration of your new business plan:

Step 1: Can foreigner own 100% in a company in Thailand.

This is the first issue to check, as if type of your business is restricted under the Foreign Business Act then foreigner cannot do such business in Thailand under foreigner’s name, you have a solution to set up your business with the structure of 49/51%

We furthermore provide legal service to design the corporate structure to enhance the right of vote to the minority as well as other arrangement to control the company by Special AOA, Shareholder Agreement as well as other relevant Agreements.

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Some type of business even it is restricted for foreigner, however, such foreigner will be allowed to own major share or 100% share of the Company by applying for Foreign Business License (“FBL”), Board of Investment License (“BOI”), Thai-USA Amity Treaty, Thai-Australia Free Trade Agreement (“TAFTA”), Japan-Thai Economic Partnership (“JTEPA”)

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Contact us for FREE to check your type of business whether it is permitted to be 100% foreign own Click https://.com/contact-us/

Step 2: If your type of business is restricted but you are US Citizen, you can apply for Thai – US Amity Treaty

Thai – US Amity Treaty allows a US Citizen to conduct a business in Thailand with the exemption of Foreign Business Act, which means a company which minimum 50% share owned by US and up to 100% can apply for this license.

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Contact us for FREE consultation Click https://.com/contact-us/

Step 3: Company Incorporation or Company Establishment or Company Registration according to Thai Laws

To Establish a Company Limited in Thailand helping the owner to have separated juristic person to have a right and obligation as stipulated by Laws especially the responsibility of each shareholder is limited to the unpaid share value hold by each shareholder.

Minimum 2 shareholders are required for company incorporation, with minimum registered capital of THB 10, however, popular number of registered capital is THB 1,000,000 for usual Thai company and THB 2,000,000 for foreign involved company as it effects the staying permit issue. Notwithstanding, number of registered capital should be stipulated in accordance with actual investment.

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Contact us for FREE consultation Click https://.com/contact-us/

Some type of business is promoting by Board of Investment “BOI” as a result such company may get special benefits from Thai government such as Tax Exemption, Tax Rate Reduction, Own the land, foreign employee ratio with special condition and especially the opportunity to own 100% share of the company.

Step 4: Check the special advantage of BOI (Board of Investment of Thailand) as your company may be qualified.

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Contact our BOI Lawyer for FREE consultation Click https://.com/contact-us/

Step 5: Set up as Representative Office or Regional office by obtaining foreign Identification no. for foreign juristic person

Foreign Entity is allowed to set up representative office in Thailand with the condition that the representative cannot earn in Thailand and cannot do the business deal except for the following scope:

1. Sourcing material or service for the headquarter.
2. Quality check and control of the product purchased by headquarter in Thailand.
3. Product advisory which is sold by headquarter in Thailand.
4. Marketing and PR for new product or service of the Headquarter.
5. Report business activity in Thailand to headquarter.

Foreign Entity is also allowed to set up regional office in Thailand, if there is its branch or affiliates in Asia, scope of activities of the regional office are as the following:

1. Coordinate and control the operation.
2. Provide consultation and management.
3. Training and Human Resource Development.
4. Financial Management.
5. Marketing planing.
6. Product Development.
7. Product Research.

Representative Office and Regional Office are exempted the usual work permit and visa regulation by reducing the ration of 4 Thai to 1 Foreigner to 1 Thai to 1 Foreigner.

Contact us for FREE consultation Click https://.com/contact-us/

Step 6: Staying Permit for foreign director and foreign staff

If the company needs to employ foreign employee including foreign owner of the company, the company must be qualified according to the following requirements:

1. Registered Capital of THB 2,000,000 per one foreigner
2. Four Thai employees per one foreigner

Your company must also submit withholding tax form and social security properly every month before allowing to employ foreign employee.

Furthermore, Non Immigrant “B” should be applied from Thai embassy at other country by preparation of supporting document of your company in Thailand, conversion from tourist to Non Immigrant “B” can be arranged case by case.

 

Contact us for FREE consultation Click https://.com/contact-us/

Step 7: Licensing for your company

To conduct any business in Thailand, usually it is required to have specific license(s) for such business such as restaurant license, alcohol selling license, cannabis growing and selling license, factory license, hotel license, FDA for food, cosmetic & medicine, massage and spa license, etc.

Therefore, to make sure you have followed relevant Laws and Regulations, you must check which license(s) is required for your business.

.

Contact us for FREE consultation Click https://.com/contact-us/

Thailand is one of the best destination to start the business, as Thailand is still plentiful of resources, there are always newcomers either the investor, expat, pensioner or tourist. Thai government therefore always offer the privilege for foreigners to start business in Thailand in various forms.

This content, we, Nitichai International Law Offices Co., Ltd, pleased to provide relevant information for your consideration of your new business plan:

.

Step 1: Can foreigner own 100% in a company in Thailand.

This is the first issue to check, as if type of your business is restricted under the Foreign Business Act then foreigner cannot do such business in Thailand under foreigner’s name, you have a solution to set up your business with the structure of 49/51%

We furthermore provide legal service to design the corporate structure to enhance the right of vote to the minority as well as other arrangement to control the company by Special AOA, Shareholder Agreement as well as other relevant Agreements.

.

Some type of business even it is restricted for foreigner, however, such foreigner will be allowed to own major share or 100% share of the Company by applying for Foreign Business License (“FBL”), Board of Investment License (“BOI”), Thai-USA Amity Treaty, Thai-Australia Free Trade Agreement (“TAFTA”), Japan-Thai Economic Partnership (“JTEPA”)

.

Contact us for FREE to check your type of business whether it is permitted to be 100% foreign own Click https://.com/contact-us/

Step 2: If your type of business is restricted but you are US Citizen, you can apply for Thai – US Amity Treaty

Thai – US Amity Treaty allows a US Citizen to conduct a business in Thailand with the exemption of Foreign Business Act, which means a company which minimum 50% share owned by US and up to 100% can apply for this license.

.

Contact us for FREE consultation Click https://.com/contact-us/

Step 3: Company Incorporation or Company Establishment or Company Registration according to Thai Laws

To Establish a Company Limited in Thailand helping the owner to have separated juristic person to have a right and obligation as stipulated by Laws especially the responsibility of each shareholder is limited to the unpaid share value hold by each shareholder.

Minimum 2 shareholders are required for company incorporation, with minimum registered capital of THB 10, however, popular number of registered capital is THB 1,000,000 for usual Thai company and THB 2,000,000 for foreign involved company as it effects the staying permit issue. Notwithstanding, number of registered capital should be stipulated in accordance with actual investment.

.

Contact us for FREE consultation Click https://.com/contact-us/

Some type of business is promoting by Board of Investment “BOI” as a result such company may get special benefits from Thai government such as Tax Exemption, Tax Rate Reduction, Own the land, foreign employee ratio with special condition and especially the opportunity to own 100% share of the company.

Step 4: Check the special advantage of BOI (Board of Investment of Thailand) as your company may be qualified.

.

Contact our BOI Lawyer for FREE consultation Click https://.com/contact-us/

Step 5: Set up as Representative Office or Regional office by obtaining foreign Identification no. for foreign juristic person

Foreign Entity is allowed to set up representative office in Thailand with the condition that the representative cannot earn in Thailand and cannot do the business deal except for the following scope:

1. Sourcing material or service for the headquarter.
2. Quality check and control of the product purchased by headquarter in Thailand.
3. Product advisory which is sold by headquarter in Thailand.
4. Marketing and PR for new product or service of the Headquarter.
5. Report business activity in Thailand to headquarter.

Foreign Entity is also allowed to set up regional office in Thailand, if there is its branch or affiliates in Asia, scope of activities of the regional office are as the following:

1. Coordinate and control the operation.
2. Provide consultation and management.
3. Training and Human Resource Development.
4. Financial Management.
5. Marketing planing.
6. Product Development.
7. Product Research.

Representative Office and Regional Office are exempted the usual work permit and visa regulation by reducing the ration of 4 Thai to 1 Foreigner to 1 Thai to 1 Foreigner.

Contact us for FREE consultation Click https://.com/contact-us/

Step 6: Staying Permit for foreign director and foreign staff

If the company needs to employ foreign employee including foreign owner of the company, the company must be qualified according to the following requirements:

1. Registered Capital of THB 2,000,000 per one foreigner
2. Four Thai employees per one foreigner

Your company must also submit withholding tax form and social security properly every month before allowing to employ foreign employee.

Furthermore, Non Immigrant “B” should be applied from Thai embassy at other country by preparation of supporting document of your company in Thailand, conversion from tourist to Non Immigrant “B” can be arranged case by case.

Contact us for FREE consultation Click https://.com/contact-us/

Step 7: Licensing for your company

To conduct any business in Thailand, usually it is required to have specific license(s) for such business such as restaurant license, alcohol selling license, cannabis growing and selling license, factory license, hotel license, FDA for food, cosmetic & medicine, massage and spa license, etc.

Therefore, to make sure you have followed relevant Laws and Regulations, you must check which license(s) is required for your business.

.

Contact us for FREE consultation Click https://.com/contact-us/