Villa ownership: The superficies makes the difference

Thai House 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!

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Crazy little thing called lease

Crazy little thing called Lease - Thailand's hire of property legislation

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

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Void lease schemes

Koh Samui

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.

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The usufruct in Thailand

The Usufruct in Thailand

The Usufruct in Thailand

A legal discussion of the usufruct in Thailand’s legislation and industry practice. #usufruct

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Preference shares in a Thai Co., Ltd.

Secrets of Share Ownership in Thailand

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.

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The blank share transfer agreement

Secrets of Share Ownership in Thailand

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.

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The sublease of property in Thailand

The Sublease in Thai Property Legislation

The Sublease in Thai Property Legislation

Thailand’s legislation for sublease agreements

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The pledge of shares

The pledge of Shares in Thailand

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.

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The subdivision of Thai land

Koh Samui

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.

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Share ownership through adverse possession (AP)

Secrets of Share Ownership in Thailand

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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