Real Estate Services
Thai Real Estate Legal Services
As experienced Bangkok Real Estate Lawyers we understand that real estate in Thailand can be complicated for foreigners due to the Thai Government restrictions on foreign ownership.
Due diligence, proper title review, mortgage registration and title transfers are vital to making sure you are buying what you want and will actually own it. Many Thailand real estate transactions for foreign purchasers circumvent the law, and are illegal. Our firm employs a method to provide foreign citizens with a secure real estate transaction that does not circumvent the letter or intent of the law and provides the maximum security for your investment. The real estate market in Thailand has many foreign investors and developers but has many complications due to the laws in Thailand and proper protection is essential for foreign buyers.
We will carefully guide you through all aspects of your real estate transaction from: due diligence and title review, purchase & sales agreements, promissory notes, loan/mortgage agreements, lease agreements to power of attorney, etc.
As Real estate lawyers in Thailand we are professionals that can help in all sorts of issues related to the legalities of the transactions of Thai real estate that include purchasing and selling of various types of properties that are not limited merely to condos and apartments but also to land, restaurants, malls, hotels, and others alike.
We assist with the details related to real estate paperwork along with the decisions you need to make in these sorts of procedures.
Purchase and sale agreements are an important aspect in real estate business and need to be authored by lawyers with extensive experience and keen insight in the real estate industry.
Our firm’s business lawyers are experts in designing and negotiating purchase and sale agreements for our clients.Entering into a real estate transaction has many variables and clients need sound advice before signing any agreement.
Whether you are investing or buying a condominium, apartment, house or villa or even land in Thailand.
Thailand Real Estate Title Transfer
Title Transfers are the most important part of a real estate transaction in Bangkok. Our lawyers are extremely diligent in the fine details to assure our clients they are have all rights due them in their title ownership. Our extensive experience in real estate is a major feature that our clients depend on for protection of their interest.
Thailand Real Estate Title Review
Title review is the most important aspect of purchasing property in all forms from raw land, homes and condominiums. Under normal circumstances the proper research and assurances needed to verify ownership before a real-estate transaction is vital to protect your investment. In Thailand the issues of proper ownership and guaranteed transfer of property is more complex than other countries. Our Bangkok real estate lawyers have extensive experience in title review and protecting our client’s interests.
Thailand Rental and Lease Agreements
Rental and Lease Agreements for real estate are common for businesses and residential properties in Bangkok. Our business lawyers have expert knowledge in real estate agreements in Thailand. If you are a property owner looking to lease or a potential tenant wanting the best possible advantages in a lease come in to our offices for a consultation. Our firm creates land leases for foreign citizens who can not legally own land in Thailand in their own name. This type of lease is written to protect the interests of the lessee, not the lessor.
Thailand Real Estate Mortgage or Loan Agreements
Loan & Mortgage Agreements are an integral part of real estate transactions and our business lawyers have a wealth of experience in all types of real estate transaction. If you are a seller or a buyer looking for the best possible legal team to assist you in protecting your interests come in to our offices for a consultation. Our firm regularly assigns mortgages to property held in a Thai spouses name to protect the investment of the foreign citizen who can not legally own land in Thailand in his/her own name.
Thailand Property Mortgage registration
Mortgage registration in real estate purchases is common in Thailand and is a necessary part of the transaction to purchase property. Our lawyers are very diligent with all aspects of Real Estate purchases and assist our clients in the proper techniques of mortgage registration.
Real Estate in Thailand can be complicated due to the Thailand Governments restrictions on foreign ownership. Due diligence, proper title review, mortgage registration and title transfers are vital to making sure you are buying what you want and will actually own your property.
Most Thailand real estate transactions for foreign purchasers circumvent the law, and are illegal. Our Thailand real estate lawyers employ a method to provide foreign citizens with a secure real estate transaction that does not circumvent the letter or intent of the law, and provides the maximum security for your investment.
The real estate market in Thailand has many foreign investors and developers, but has many complications due to the laws in Thailand, and proper protection is essential for foreign buyers. Our lawyers will carefully guide you through all aspects of your transaction.
Thailand Real Estate Agreements
n Thailand, you as the buyer must take responsibility yourself for all aspects of a real estate deal. There are no robust enforcement systems for property inspection, building codes, escrow, contract conformity, title transfer, marriage property, and other areas of property law. This is why working with a Thailand real estate lawyer is essential.
Those buyers who do not thoroughly review their property deals often end up in broken contracts and losing money with long term court litigation as a last recourse.
Our full range of services is described elsewhere, but one area we have found that presents particular difficulties for expatriates is the area of property purchase. Many expatriates, retiring to Thailand, wish to purchase a property here and discover that they can only do so in one of three ways:
- An expatriate married to a Thai can buy a property in the spouse’s name.
- An expatriate may purchase a condominium unit, providing he can prove that the purchase funds were brought into Thailand from abroad.
- An expatriate may form a Limited Company under Thai law, and purchase property as an asset of the company.
In all cases particularly the last, restrictions apply, and accurate advice is vital. Companies formed with the purpose of acquiring property must conform to the usual Thai company requirements: they must trade; they must pay tax; they must collect VAT; they must present monthly retutns and annual accounts to the local revenue office.
Companies which break these regulations may be subject to financial penalties, and, in extreme cases, confiscation of assets (i.e. the property).
Bangkok Legal is well qualified to offer expert advice, and appropriate business models to expatriates wishing to purchase property in Thailand.
We can also make recommendations regarding Bangkok condos for sale and property management.
Thai Company Registration for Foreign Investors
No matter what country you have citizenship with or what type of business you want to operate in the Kingdom of Thailand, you have to be informed as to the changeable business rules and regulations that Thailand requires of all business. We can consult with you as to what type of business entity will be most advantageous for you depending on your business plan and lead you through the process of creating your business in Thailand.
Limited Company : Foreigners Own 49%
There are many ways to form a company in Thailand and a popular way for foreigners is a Thai limited company with the foreign owner holding 49% of the company’s ownership and having two or more Thai citizens dividing the other 51% ownership. Our lawyers routinely consult with clients and find the best overall method of creating a company to maximize protection for their interests and enable them to conduct business in Thailand.
Amity Treaty Company
American Citizens can own 100% of a Thai company under the Amity Treaty
Our clients require a simple explanation of this company type that is often over complicated and misunderstood. Simply stated an Amity Treaty company is available only to American Citizens. The benefits of an Amity Treaty company are:
1) 100% ownership of the company for American citizens. An American person can own a sole proprietorship but must have two people who are either American or Thai to hold two shares. Three people are required to organize the company. If you were to issue 1000 shares of common stock, 9998 shares to yourself and issued 2 shares to two other people, 1 share each, they would only own .02% of your company.
2) An Amity treaty company is allowed to operate in many areas otherwise closed to foreigners with the following exceptions: communications transportation, fiduciary functions banking including deposit functions, land ownership, exploitation of land or other natural resources, and domestic trade in indigenous agricultural products.
Thailand Foundation
Thailand Foundations are used for very generous donors to create a vehicle for dispersing charity to great causes. These entities are well received by the Thailand government and our lawyers will diligently take you through the steps of creating a Thailand foundation for your generous causes.
Thai Limited Partnership
Thailand Limited Partnerships are a used often by foreigners wanting to start businesses in Thailand. The partnership divides liability where one partners has limited liability from any debts or taxes while the other partner has unlimited liability. This type of company has to be registered in Thailand and our business lawyers routinely create Thai limited partnerships.
B.O.I. Company in Thailand
The Thailand Board of Investment (BOI) is the governmental agency that promotes foreign investment into Thailand. They have created for foreigners the ability to form their own (Board of Investment Certified Thai Company,) which has some very advantageous benefits and features. With its new (One Start One Stop Investment Center) the BOI offers one location to handle the majority of your investment processes quickly.
A Board of Investment certified Thai Company allows its foreign owner to purchase and own land in the company’s name. BOI companies allow the issuing of work permits within just a few hours of forming your company and without the requirement of having four Thai employees. The Thai government also has extremely generous tax waivers for BOI companies. The BOI offers many other great benefits depending on the industry and type of company you want to form.
The paperwork and procedures for starting a new BOI certified Thai company are complex and our Lawyers are extremely experienced in forming these type companies for investors. You can consult with our staff to determine the best type of company, method of creating it and tax planning options to assure yourself the best possible advantages.
Representative Office
A Representative Office in Thailand is used for no income generation activities for parent companies overseas. Companies set up Representative Offices in Thailand to monitor quality of goods, promotions, research and other beneficial but non commercial activities. These companies are routinely created by our business lawyers for larger companies to help with the flow of goods and services out of Thailand.
Foreign Business License
Some industries are completely banned to foreigners doing business in Thailand. Other industries have restricted limits to foreign investors but do allow Thai companies with foreign partial ownership to conduct business in Thailand. The Foreign Business License is an opportunity for a foreigner to be able to control and conduct business in restricted industries.
The application process for a Foreign Business License is very lengthy and complicated. Once completed and approved by the Thai government it will open many doors that are usually closed to foreign investors. We have extensive experience in this process and can advise clients on the best possible direction for their business interests and obtaining their Foreign Business License.
Joint Ventures
Joint ventures are a key way investors create growth in business and the most important aspect of a joint venture is the contractual agreements between all parties. Investors require the best possible advantages in any contract and our law firm has built a long reputation on providing expert knowledge and skillful authoring of contracts that protect our client’s interests.
If you’re in need of company registration services in Thailand, please don’t hesitate to get in touch with us. We’re always here to help and would be happy to answer any questions you may have.
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