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Thai law for foreign owners and investors

Articles on Thai property, company and licensing law, each carrying the Act and the section it comes from.

15articles 6subjects 43questions answered 29terms defined

The rule on every page is the same. Where we state a rule of Thai law, we name the Act and the section it comes from, so you can check it against the legislation instead of taking our word for it. Where the statute says one thing and the office in front of you does another, we say which is which. Statute, ministerial regulation and administrative practice are three different things, and most English-language writing on Thai law runs them together. Our editorial standards set out the method in full.

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Fifteen articles across six subjects. Filter by subject, or search the titles and the statutes behind them.

15 articles

Primary source Land Code B.E. 2497, s.86
Foreign ownership

Foreign Land Ownership in Thailand: What the Land Code Allows and What It Forbids

What the Land Code lets a foreigner own, and the four lawful ways to hold land or a house instead.

Read → Land Code ss.86, 96 bis and 97 · Condominium Act s.19 bis
Primary source Civil and Commercial Code ss.540 and 1410
Property and leases

Lease, Sap-Ing-Sith or Superficies: How a Foreigner Holds a Villa on Thai Land

Three registered rights over land somebody else owns. What each one gives you, and where each one stops.

Read → Civil and Commercial Code ss.540 and 1410 · Sap-Ing-Sith Act B.E. 2562
Primary source Sap-Ing-Sith Act B.E. 2562
Property and leases

What is a Sap-Ing-Sith, and How Is It Different From a 30-Year Lease?

A right with its own Act, registered against the title deed, granted for up to thirty years, and transferable and mortgageable in its own name.

Read → Sections 4, 5 and 12 · explanatory note to the Act
Primary source Civil and Commercial Code, section 1417
Property and leases

What is a Usufruct in Thailand?

The right to possess, use and take the income from someone else's property, for a term or for life. It ends when the holder dies.

Read → Sections 1417, 1418 and 1422
Primary source Civil and Commercial Code, section 540
Property and leases

Is a 30+30 Year Lease Renewal Enforceable in Thailand?

Section 540 caps a lease at thirty years and allows a renewal of no more than thirty years from the date of renewal. What that clause is worth is a separate question.

Read → Sections 540, 569 and 1298
Primary source Land Code B.E. 2497
Buying property

Land Due Diligence in Thailand: What to Check Before You Pay

The title document, the boundaries recorded on it, the rights registered against it, and whether the person signing is entitled to sign.

Read → Land Code B.E. 2497 · Civil and Commercial Code, section 473
Primary source Land Code, schedule of fees
Costs and tax

Thai Property Transfer Taxes and Land Office Fees

Transfer fee, specific business tax, stamp duty and withholding tax. What is charged, on which value, and who normally carries it.

Read → Land Code ss.103 and 104 · Revenue Code
Primary source Hotel Act B.E. 2547, s.4
Licensing

Renting Out a Thai Villa on Airbnb: When a Hotel Licence Is Required

The Hotel Act definition, the monthly-charge exclusion, and the eight-room notification that replaced the old four-room rule, in practice open only to local Thai individuals.

Read → Hotel Act B.E. 2547, s.4 · Ministerial Regulation No. 2 B.E. 2566
Primary source Foreign Business Act, section 36
Foreign ownership

Nominee Shareholding in Thailand: What the Law Actually Says

Section 36 of the Foreign Business Act and section 96 of the Land Code, set out as they are written, with the penalties the statutes carry.

Read → Sections 36 and 41 · Land Code, section 96
Primary source Treaty of Amity, Article IV
Foreign ownership

US-Thai Treaty of Amity: What It Lets an American Company Do in Thailand

Most business on Thai terms for a company Americans own and control, with six reserved areas and no land ownership.

Read → Treaty Article IV · Foreign Business Act, sections 10 and 11
Primary source Foreign Business Act, sections 8 and 17
Foreign ownership

Foreign Business Licence in Thailand: Who Gets One

Which businesses need one, who realistically gets one, and the routes most foreign-owned businesses use instead.

Read → Foreign Business Act, sections 5, 8, 14 and 17 · List Three
Primary source Foreign Business Act, section 30
Foreign ownership

What Thai Authorities Examine When They Review a Company

Which sections give officials the power to ask, what they can require, and what a review normally reaches for.

Read → Sections 4, 30, 40 and 41
Primary source Civil and Commercial Code, section 1111
Company formation

How to Register a Company in Thailand

The office, the documents, the capital trail the DBD now checks, and what a Thai company has to do every year.

Read → Sections 1097 to 1112 · Central Registration Office Order 2/2569
Primary source Civil and Commercial Code, section 1105
Company formation

Thai Company Capital and Shareholders: What the Law Requires

Two shareholders since February 2023, a first payment of at least twenty-five per cent on every share, and what registered capital does not prove.

Read → Sections 1097, 1104, 1105 and 1117 · Amendment Act (No. 23) B.E. 2565
Primary source Civil and Commercial Code, sections 1097 to 1171
Company formation

What a Newly Registered Thai Company Is Usually Missing

Registration is one exercise. The registers, minutes and share transfer documents the Civil and Commercial Code requires afterwards are another.

Read → Civil and Commercial Code, sections 1097 to 1171

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