22/05/2026
⚠️🏠 “Nominee” Criminal Charges & Forced Property Sale in Thailand‼️
What Should Foreign Investors Do?
🔐 Protect Your Villa & Real Estate Investment — Structure & Secure It Legally Before It’s Too Late.
⚖️ # Legal consultation service for foreign property investors in Thailand #
Thai authorities are increasing investigations into foreign ownership structures involving villas, land, and real estate investments across Thailand.
This issue is not limited to one location. It is happening in many popular investment areas such as Phuket, Koh Samui, Koh Phangan, Pattaya, and Chiang Mai, where foreign investment in villas and holiday properties has grown rapidly.
In many cases, foreign investors did not intend to break the law. Some received incorrect advice about setting up Thai companies, using Thai shareholders, or structuring property ownership in Thailand.
🚫 Under Thai law, foreigners generally CANNOT directly own land in Thailand.
⚠️ Some investors were advised to:
• Use Thai shareholders they do not truly know
• Set up Thai companies mainly to hold land
• Allow Thai persons to hold shares “on behalf” of foreigners
🚨 This may be considered an illegal “Nominee Structure” under Thai law.
YES, Nowadays, Thai Government use AI to assist in verification between the Land Department & Revenue Department, similar to other countries. If you are illegally using “Nominee” holding assets or land on your behalf, it may eventually be detected — it’s just a matter of time ⏳
⚖️ # What Is a “Nominee” Under Thai Law? #
A nominee structure usually means a “Thai person” or “Thai company” is holding shares, land, or assets on behalf of a foreigner, while the foreign investor remains the true owner or controller.
🔎 Common situations that may attract investigation include:
● Thai land holders having no clear “source of funds” to acquire land
● Thai shareholders who did not actually invest money
● Foreigners controlling the company behind the scenes
● Companies with no real business activity except holding land
● Investment funds coming entirely from foreign sources
● Thai shareholders having no real management power
🧾 Thai authorities do not look only at company registration documents. They also investigate the source of funds, shareholder relationships, company operations, and who truly controls the business.
⚖️ # How Thai Law Views Nominee Structures #
Under Thai law, the key issue is not only whose name appears on company documents or land titles. Authorities also consider who is the real decision-maker and economic beneficiary.
The Foreign Business Act B.E. 2542 (1999), Section 4, defines “foreigners” broadly, including companies effectively controlled by foreigners, even if Thai shareholders are included on paper.
🚫 Section 36 prohibits Thai nationals or Thai companies from helping foreigners operate restricted businesses through nominee arrangements or similar structures.
🚨 If authorities conclude that a nominee structure exists, penalties may include:
● Imprisonment of up to 3 years
● Fines from THB 100,000 to 1,000,000
● Or both imprisonment and fines
🚨 Possible Legal Consequences:
• Criminal charges under the Foreign Business Act
• Forced sale or disposal of land/property
• Risk of invalid corporate structure
• Potential fines and imprisonment for both “Foreigner” & “Nominee”
📜 # How Thailand’s Land Laws Affect Foreign Investors #
Thailand’s Land Code Section 86 states that foreigners generally cannot own land in Thailand unless specifically permitted by law.
🏡 Under Section 111 of the Land Code, if land is acquired unlawfully or through prohibited structures, authorities may order the land or property to be sold.
⚠️ This means the legal risk is not only criminal prosecution, but also the possible forced sale of the property investment itself.
🕵️ # What Authorities Usually Investigate #
Thai authorities commonly review:
● Source of investment funds
● Relationships between shareholders
● Who actually manages the company
● Whether the business operates genuinely
● How the property is used and promoted
Government agencies now cooperate more closely, including the Land Department, Department of Business Development, Anti-Money Laundering Office (AMLO), and other investigation authorities.
🛡️ # What Should You Do If You Are Investigated? #
⚠️ The most important thing is: do not panic and do not rush to transfer assets or change company structures without proper legal advice.
In some cases, investors may still be able to explain and defend their structure with:
● Proof of source of funds
● Evidence of genuine shareholder relationships
● Real business operation records
● Corporate management documents
✅ Depending on the facts, legal restructuring or mitigation options may still be available.
🏡 # Legal Alternatives for Foreign Investors #
There are legal ways for foreigners to invest in Thai property without using “Nominee”, including:
● Right Over Leasehold Asset (Sap-Ing-Sith)
● Long-term leasehold structures
● BOI-promoted investment structures
● Other legally compliant ownership arrangements
In many cases, properly structuring the investment from the beginning is far safer and less costly than fixing legal problems later.
⚖️ # Legal Services for Foreign Property Investors in Thailand #
“House & Condo Lawyer” provides legal consultation services for foreign property investors in Thailand, including:
● Nominee risk assessment
● Shareholder structure review
● Property holding structure planning
● Legal advice during investigations
● Corporate restructuring consultation
● Real estate legal compliance support
Early legal advice may help reduce criminal risks, prevent forced property sales, and better protect your long-term investment in Thailand.
🔗 Learn more:
House & Condo Lawyer – Thailand Property Legal Service for Foreigners
https://housecondolawyer.com/thailand-property-legal-service-for-foreigners
📩 Contact House & Condo Lawyer for legal consultation regarding property investment structures in Thailand.
📘 Facebook: House & Condo Lawyer International
📞 Tel: 098-824-3555 (Phuket & International Line)
💬 LINE@: housecondolawyer
📧 Email: [email protected]
