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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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