2.
Ownership in the Name of a Company: A foreigner may own land
held in the name of a company where at least 51% of the shares
are Thai-owned. In practice the Land Department is reluctant
to register transfers to any company which is more than 39%
owned by foreigners. The Land Department may refuse to permit
a transfer until it is satisfied that the Thai equity in the
company is real and that the Thai shareholders are not nominees
of the foreigners. This may include investigation of the Thai
shareholders through, for example, requests for income tax returns
to determine whether they actually had available capital to
purchase the shares. In any event, the articles of association
of such a company may allow the foreigner to be the sole director,
thus giving the foreigner de facto control even with only 39%
ownership.
3.
A foreigner who invests at least Bt40 million in authorized
securities in Thailand for no less than five years may be granted
permission by the Ministry of the Interior to purchase up to
one rai (roughly 1600 square meters) of land for residential
purposes. (2.5 rai=approximately 1 acre) The land must be in
Bangkok, Pattaya or in an area designated as a residential zone
according to the law on Town and Country Planning. The land
may only be used as a residence. If the foreigner does not utilize
the land as a residence for two years, he may be dispossessed.
4.
Marriage to a Thai: A foreign-Thai couple may own property but
the land must be registered in the name of the Thai spouse and
the foreign spouse must sign a declaration that the funds for
the purchase of the land are those of the Thai spouse and must
waive any right to ownership of the land.
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