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Geschreven door Jasper Frumau
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Sunday 03 June 2007 |
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Pagina 1 van 3 Bezit van LandIn principe is het gewoonweg niet mogelijk om in Thailand een huis te kopen als Farang. Huizen zijn verbonden met de grond en grond kan nooit bezit worden door een Farang: 1. Thai Land Law:
Under Sec. 86 of the Thai Land Law, a foreigner may own land in Thailand only if permitted by treaty. In fact, Thailand does not have a treaty with any country permitting foreigners from that country to own land. Therefore, foreigners are effectively prohibited from owning land in Thailand. Under Sec. 97 of the Land Law, the definition of a foreigner includes Thai registered companies or partnerships in which more than 49% of the capital is owned by foreigners or of which more than half the shareholders or partners are foreigners.
Kortom, je kunt nooit land bezitten.
As a practical matter, it is often difficult for a Thai company with foreigners having substantial minority ownership (e.g., 51% Thai, 49% foreign) to acquire land in Thailand. The policies of Land Offices vary throughout Thailand, but often they require that Thais own at least 60% or 70% of a company in order to register land ownership.
Under former Land Office policy, Thai nationals who married foreigners were prohibited from ownership of land in Thailand. This prohibition was based on principles of community property law and a general presumption that the Thai spouse was holding the land for the benefit of the foreigner. However, under current Land Office policy the Thai spouse can own land in Thailand, provided that the foreign spouse signs a letter declaring the property to be the separate property of the Thai spouse and waiving any interest in the property.
2. Condominium Act (No. 2) of 1990:
Sec. 19 of the Condominium Act effectively prohibits ownership of condominium units by a foreigner unless the foreigner qualifies for foreign ownership as described below.
3. Alien Business Law:
The Alien Business Law, which regulates foreign investment in Thailand, can have an indirect impact on the ability of foreigners to own land. For example, under the terms of the Alien Business Act of 1999, “land trading” is considered a Schedule One activity and is generally prohibited to foreigners.
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Laatst geupdate op ( Friday 15 June 2007 )
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