a bit of a update

Ask here about the pleasures and pitfalls of buying, selling or renting property and real estate in Hua Hin. Building, design and construction topics welcome. Commercial or promotional posts for real estate companies or private properties are forbidden.
Mack111
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a bit of a update

Post by Mack111 »

Guys

Have been reading your forum over the last few days as I have a house in HH which I use every couple of months, some good stuff!



Without getting into arguments regarding the legal stuff but for info if it helps anyone.

A couple of my mates have just transferred houses / land the old way via a 49% owned company without any hassles, one in Phuket and the other in HH.

Both them told me that it was a simple 2 hours process without any questions at all (both had Thai lawyers with them) but no checking of the Thai partners etc

Hope things sort themselves out for the guys that have bought a house over here

Cheers
clive
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Post by clive »

Hi mack, welcome to the forum. For our benifit did your mates transfer the land at the land office or did they transfer the shares of the Ltd.Co to new owners please?
Mack111
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Post by Mack111 »

Clive

Will double check but both them bought houses from developers a year or so back and this was the house being finished then transferred, both of them attended the land office so I guess it was a land transfer to a limited company.

I knew the two of them had been pretty concerned for the last few weeks and were pretty relieved about getting there houses / land transferred as they had paid about 90% prior to the houses being completed.

I’m meeting one of them for a beer on Thursday night so will try and find out more for you

Cheers
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johnnyk
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Post by johnnyk »

samesame friend me, transferred his property 3 weeks ago into his 49% company at the land office in HH, no pompem.
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Post by Burger »

I've done 3 in last two weeks too.

Plus I know estate agents have done several.

Burger
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Post by Mack111 »

Guy's

I met with my mate last night for a few beers in KL that bought the house in Phuket

Unfortunately he didn't really that much of a part in the transfer apart from sitting there for a few hours but for info Clive;

Transfer was done at the land office which he attended to sign a heap of documents that he says were pretty much all in Thai, only one of his Thai shareholders was there who is a engineer from his work, no information was requested on any of the Thai partners (lawyer provided the other share holders who Vince doesn’t know them) all in all he wasn’t even asked one question personally, not sure if that’s good or bad he seems to think it went pretty smoothly.

His Thai friend asked at the land office about recent enforcement of the laws with foreigners and was seemingly told it was business as usual for buying “houses / homesâ€
karenjuice
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Post by karenjuice »

Do you know the lawyers these people used. My lawyer is still insisting that I provide my own shareholders which obviously I can´t.
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Post by Mack111 »

I'll find out for you within a day or so.
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Post by Nomad »

You seem to have a lot of answers for me. Paid for 90% of the house before doing any paperwork. Thai lawyer looked after everything? Everything in the third person and nothing happened directly to you. ummm, I guess every message in the last few months has become unnecessary. No need for alarm as it seems company route is OK. Joined August 9, 2006. Pulp fiction! Estate agent or desperate land owner?
James61
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Post by James61 »

Not in this topic but there is an indian guy i see a lot on this forum who works in one of the local property shops and has real english. People assume he is a foreigner on here and i notice he leads astray a lot of people.
No offence intended at indians but just at him for leading people like that.
different interests.
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Post by caller »

I have an email from someone in the locale who can't get a Co. up and running, if he can't do that, he can't buy a property via the Co. route, irrespective of what the land office are doing.
Talk is cheap
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Post by Mack111 »

Guy's

I'm from Scotland living / working in Malaysia and have a house in HH that I use now and again for vacations and have a few mates that were buying houses in Thailand so had heard about the latest land law things.

Got no interest what’s so ever in the Thai real estate business apart from owning a house what isn’t even worth that much, was just trying to help out the people that seemed to be worried about land transfers with posting info I came across, anyways unsure if I can post names of lawyers in here but Karen if you want the details of the lawyer in HH that is doing transfers through a limited company send me a private message and I’ll send you the details

Cheers
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Post by silverbird »

The new guideline for land purchased with a new Thai Company that took effect in August seems to make it difficult to own land through a new company even if the Land Offices now accepts to do registrations.

An alien company can not own land. If a company wants to own land it has to be a real trading company and file tax returns. If there is a foreigner as part owner he can hold 49% of the shares and the money capital must be higher on the Thai side. The Thais must have more money invested than the foreigner and be able to show where the money come from. They also must have voting right and right to possible dividends.

The above information comes from another sight. I suspect the real estate market here for farangs is likely to be pretty chilly even during the “hot monthsâ€
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Post by Mack111 »

Karen

Let me know if you got the PM

cheers
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Post by Burger »

silverbird wrote:
An alien company can not own land
An Alien company never could, this is no different and NOT referred to in the new regulations. The reason for 49% companies is to make them non-Alien/Thai.
If a company wants to own land it has to be a real trading company and file tax returns
Companies always did have to file tax returns. This is no different now from before and was NOT referred to in the new regulations.
If there is a foreigner as part owner he can hold 49% of the shares and the money capital must be higher on the Thai side. The Thais must have more money invested than the foreigner and be able to show where the money come from.
The money always did have to be higher on the Thai side (that's obvious, as it's 51%). They only difference now is they have to show they have the funds by means of bank statements. That IS mentioned in the new regulations.
They also must have voting right
They always did have voting rights, just less than the foreign shareholder. This is no different from before and is NOT referred to in the new regulations.



It's safer to stick to what the new regulations actually say, they are posted on this section.
The post you refer to on another website also says 'if you follow the guidelines you are fine'.
Exactly, get a good solicitor and follow the guidelines/regulations, don't try and shortcut them.

Burger
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