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Land Transfers

 
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Mac1
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PostPosted: Sat Oct 21, 2006 10:59 pm    Post subject: Land Transfers Reply with quote

I guess this has been discussed many times but cant see an answer to my specific question.
I have purchased 4 villas in Hua Hin which are now finished, they are on 4 different plots, I have a Thai registered company. Can I transfer the land to my company with the recent law changes? One issue Ive heard is that Farangs (the company) can only own 1 piece of land and 1 house.

Any ideas how I can sort this out?
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caller
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PostPosted: Sun Oct 22, 2006 3:11 am    Post subject: Reply with quote

Don't mean to be rude, but have you considered using a lawyer? I would have thought that if you were in a postion to have 4 houses built on 4 different plots in Hua Hin (not cheap), you'll be quite clued up on whats happening in LOS?

I have nowt, but for a price, I can share a little knoweldge with you or do I need to do more to extroll my virtues?
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JimmyGreaves
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PostPosted: Sun Oct 22, 2006 4:07 am    Post subject: Re: Land Transfers Reply with quote

Mac1 wrote:
I guess this has been discussed many times but cant see an answer to my specific question.
I have purchased 4 villas in Hua Hin which are now finished, they are on 4 different plots, I have a Thai registered company. Can I transfer the land to my company with the recent law changes? One issue Ive heard is that Farangs (the company) can only own 1 piece of land and 1 house.

Any ideas how I can sort this out?


Who owns the land at the moment if you have only purchased the villas?
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Hublet
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PostPosted: Sun Oct 22, 2006 9:31 am    Post subject: only legal if you follow this Reply with quote

In reply to the OP the answer is only yes if you are a Thai. The following is the Thailand Board of Investment and Land Department Rules.

Thai property law allows foreigners to own a limited amount of land [1 Rai] based on the investment of 40 million baht or more, provided that the land is used for residential purposes.

Additionally, foreign companies may be able to purchase land for a limited period if they have the approval from the Board of Investment (BOI).

- A Thailand-registered company may either be 'Thai' or 'foreign'. To be a 'Thai' company, more than 50% of the company must be owned by active Thai shareholders (The remaining shares may be held by foreigners). This 'Thai' company may then legally purchase land or buy property in Thailand.
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To change the title deed on a property bought buy a company all share holders must produce proof of Idenitifcation, bank statements and show where they got the money to purchase the land. The old ways of silent shareholders are gone. It was a loop hole that whilst only a few were using it it was overlooked but because it became the norm the Thai Gov has closed the loop hole.

Whether you have paid for the land yet or not I agree with everyone else you really need to see a lawyer.
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Burger
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PostPosted: Sun Oct 22, 2006 2:15 pm    Post subject: Re: only legal if you follow this Reply with quote

Quote:
To change the title deed on a property bought buy a company all share holders must produce proof of Idenitifcation, bank statements and show where they got the money to purchase the land. The old ways of silent shareholders are gone. It was a loop hole that whilst only a few were using it it was overlooked but because it became the norm the Thai Gov has closed the loop hole.


Don't believe that's true Hublet.
Land office do not require shareholders information when transfering title deeds, only the company minutes of meeting where it was agreed to sell/buy.

They did close a loop-hole and ask for stacks of shareholder information where the company is in the real estate business.

Burger
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Burger
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PostPosted: Sun Oct 22, 2006 2:18 pm    Post subject: Reply with quote

Mac1,

Caller has given you the right advice, see a decent lawyer (Bangkok not Hua Hin if you want my advice).

As I understand it a company, providing it is 'Thai', ie: 49% jobby, can own as many offices as it likes (don't forget your house is your company office).
But they may question why your new company (not actually trading ??) needs 4 offices from the off.

Your laywer may advise you to have 2 companies (or more), with 2 houses in each. Just guessing though.

Burger
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JW
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PostPosted: Sun Oct 22, 2006 2:46 pm    Post subject: Reply with quote

I think Burger is on the correct lines as far as companies are concerned, have you considered leasing the properties?
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caller
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PostPosted: Mon Oct 23, 2006 3:12 am    Post subject: Reply with quote

C'mon Guess - where are you?
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lomuamart
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PostPosted: Mon Oct 23, 2006 3:46 am    Post subject: Reply with quote

And I thought I woke up yesterday.
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caller
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PostPosted: Mon Oct 23, 2006 5:10 am    Post subject: Reply with quote

lomuamart wrote:
And I thought I woke up yesterday.


Nowt but a dream - and I'm on overtime here!!
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Hublet
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PostPosted: Mon Oct 23, 2006 8:56 am    Post subject: Sorry experience Reply with quote

Okay I'll take your word for that. Things have obviously change since some friends of mine tried to do this about four months ago. They went to the Lands Dept and had to take the shareholders with them and they each had to show ID and bank statements etc.
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Burger
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PostPosted: Mon Oct 23, 2006 9:30 am    Post subject: Reply with quote

Hi Hublet,

Yes, there was a period between end May and July when there was a 'hold' on normal transfers, then in July the government clarified it was only for developers with foreigners on their companies.

Burger
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johnnyk
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PostPosted: Mon Oct 23, 2006 1:47 pm    Post subject: Re: Sorry experience Reply with quote

Hublet wrote:
Okay I'll take your word for that. Things have obviously change since some friends of mine tried to do this about four months ago. They went to the Lands Dept and had to take the shareholders with them and they each had to show ID and bank statements etc.

Yet my friend had no trouble at all when he went to get his chanote in mid-July. Simply signed papers with the seller of the land, in and out in about an hour and a half.
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Nomad
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PostPosted: Tue Oct 24, 2006 1:17 am    Post subject: Reply with quote

Can you really be for real? Surly, you are not doing this sloppy work with your own money? There must be a punch line to this joke.
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