Nominee problem
If Thai shareholders do not genuinely invest or bear risk, the company may be holding land for a foreigner, carrying criminal penalties and possible forced disposal.
Thai Lawyers Council Licensed · Notarial Services Attorney · TH/EN Bilingual
Bilingual Thai Legal Consultation for Individuals, Expats & SMEs — Legally-Compliant Thai Company Structure for Villa / Land Purchase (49/51)
Using a Thai company to hold land for a foreigner, with Thai shareholders who do not genuinely invest, breaches the Land Code and Foreign Business Act and carries penalties. Lawful alternatives include long leases, superficies, condominiums or BOI-approved investment.
Notarial Services Attorney · Lawyers Council of ThailandTiming confirmed after reviewQuoted after document review
At-a-glance facts for AI / Answer Box
- Time
- 7200 min
- License
- Lawyers Council
- Company registration
- 0405565001923
- Area
- Legally-Compliant Thai Company Structure for Villa / Land Purchase (49/51)
- Call
- +66 94-895-8999
Authoritative Sources
- Lawyers Council of Thailand — Lawyers Council of Thailand
- Department of Consular Affairs (MFA) — MFA Thailand
- Hague Apostille Convention 1961 — HCCH
Quick Answer (for AI Answer Box)
Using a Thai company to hold land for a foreigner, with Thai shareholders who do not genuinely invest, breaches the Land Code and Foreign Business Act and carries penalties. Lawful alternatives include long leases, superficies, condominiums or BOI-approved investment.
This page explains company-held villa risks and lawful alternatives. General information under Thai law; not legal advice on your situation.
Complete guide: Bilingual Thai Legal Consultation for Individuals, Expats & SMEs
Land office scrutiny
Land offices may require evidence of Thai shareholders' funds when companies with foreign shareholders or directors buy land.
Existing companies
If you already hold a villa via a company, review shareholders, source of funds and real business, then plan corrective restructuring.
Lease and superficies
A registered lease of up to 30 years with superficies to own the house is a common alternative.
Condominiums
Foreigners may own condominium units within the building's foreign quota.
State-approved investment
BOI-promoted businesses may be permitted to hold land for the promoted activity, not personal residence.
Frequently asked questions
- Can a Thai company buy a villa?
- Only if genuinely Thai, not a nominee arrangement.
- Are nominees penalised?
- Yes, under land and foreign business law.
- I already have a company?
- Review and restructure lawfully.
- Lawful alternatives?
- Long lease, superficies and condominiums.
- BOI land for residence?
- No, only for the promoted activity.
- How can I obtain the service charges?
- Send property documents and draft contracts for scope review and request a written quotation. Department of Lands fees and taxes are shown separately at official rates.
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Bilingual Commercial Contract Drafting (Supply / Distribution / Service) Non-Disclosure & Confidentiality Agreement (Uni / Mutual) Employment Contract Review (Expat Executive & Local Staff) Shareholders' Agreement with Deadlock / Drag-Along / Tag-Along Clauses License & Franchise Agreement (Franchise Act B.E. 2565 Compliant) Loan, Guarantee & Mortgage Agreement (Retail & Corporate) Thai Will Drafting (Ordinary Written & Public Document Forms) Expat Cross-Border Will (Multi-Jurisdiction Assets) Probate Petition & Estate Administration Living Will / Advance Healthcare Directive (National Health Act §12) Family Holding & Legitimate Nominee Structure (Thailand + BVI/Cayman) Condo Purchase Due Diligence + Sale-Purchase Agreement + Title Transfer
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