Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
Using a Nominee to Hold Land for a Foreigner in Thailand
Arranging for a Thai national or Thai company to hold land as a nominee so that a foreigner enjoys the ownership is prohibited under the Land Code. Both the foreigner and the Thai nominee can be prosecuted.
Land Code B.E. 2497 (1954), Sections 96, 111-113
Fine and/or imprisonment, plus a court-ordered forced sale of the land within a set period
serious
Definition
Arranging for a Thai national or Thai company to hold land as a nominee so that a foreigner enjoys the ownership is prohibited under the Land Code. Both the foreigner and the Thai nominee can be prosecuted. Under Thai law, this offence is classified as a serious offence within the category of Condominium & Foreign Ownership.
Legal Basis
Land Code B.E. 2497 (1954), Sections 96, 111-113
Primary legislative provision for using a nominee to hold land for a foreigner offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
A foreigner acquires or holds land indirectly through a Thai nominee
The Thai person or company holds the land on the foreigner's behalf rather than for genuine own use
Penalties
Maximum Penalty
Fine and/or imprisonment, plus a court-ordered forced sale of the land within a set period
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
The Thai party is the genuine beneficial owner using their own funds
The arrangement falls within a lawful exception (e.g. BOI-promoted company)
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Nominee structures are actively scrutinised on land transfers and company registration. Land held unlawfully can be ordered sold, and both parties risk prosecution. Use a lawful route (condo, lease, usufruct) instead.
When Legal Representation Matters
If you are accused of using a nominee to hold land for a foreigner or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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