Villa ownership: The superficies makes the difference
Thai House Ownership: The Superficies Makes the Difference
Villa buyers on leased land have typically no real legal ownership, but just a weird Thai-style pseudo-ownership. Secure your villa in paradise!
Read moreCrazy little thing called lease
Crazy little thing called Lease - Thailand's hire of property legislation
A legal discussion of Thailand’s tenancy legislation, often branded as a lease or leasehold investment #lease
Read moreVoid lease schemes
Koh Samui
The structuring of a property lease investment requires a special know-how to avoid void lease schemes as they are promoted mainly on Phuket.
Read moreThe usufruct in Thailand
The Usufruct in Thailand
A legal discussion of the usufruct in Thailand’s legislation and industry practice. #usufruct
Read morePreference shares in a Thai Co., Ltd.
Secrets of Share Ownership in Thailand
In a foreign direct investment in Thailand a properly designed preference share structure is helpful to fulfill the requirements under the Foreign Business Act. However, ill advised reverse preference shares are harmful.
Read moreThe blank share transfer agreement
Secrets of Share Ownership in Thailand
Blank share transfer agreements are widely used in Thailand’s legal industry. They seem to be convenient but disrespect Thailand’s laws. They are, therefore, void when they are blank and even void after they are completed.
Read moreThe sublease of property in Thailand
The Sublease in Thai Property Legislation
Thailand’s legislation for sublease agreements
Read moreThe pledge of shares
The pledge of Shares in Thailand
The share pledge scheme is of underestimated complexity. This post names and shames the tools and modules to quasi-protect the foreign investor by a pledge of the shares of the Thai partner.
Read moreThe subdivision of Thai land
Koh Samui
Under the Subdivision Act, a subdivision license (aka. developer license) must be obtained before commencement of the subdivision of any parcel of land into ten or more parcels within any consecutive three year period, whether in a single phase or successive phases.
Read moreShare ownership through adverse possession (AP)
Secrets of Share Ownership in Thailand
Under Thailands civil law principles, the shareholder continues to hold legal title in his rights, even if he does not make use of them for a very long time. He is not obligated to complain about a wrongful modification of the shareholders’ list and even if another person is publicly registered as an apparently new shareholder, there is no legal obligation for an objection to maintaining the legal owner of the shares. An exception from these principles is the concept of “adverse possession” (AP) under the squatter’s rights provision of Section 1382 CCC. Although such a concept is primarily existing for real estate transactions, the Supreme Court of Thailand (e.g. […]
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