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Nominees will need to find 'real' Thai partners, says JFCCT

Bangkok Post
Nominees will need to find 'real' Thai partners, says JFCCT - Thailand - Business - Real Estate - law


Foreign firms using Thai nominees to hold property should restructure their holdings and seek Thai partners to legalise their investments, said Patima Jeerapaet, chairman of the property committee of the Joint Foreign Chambers of Commerce in Thailand (JFCCT).



The Thai partner should be a "real investor" that will withstand scrutiny by authorities, said Mr Patima, also the managing director of the property consultant Colliers International Thailand.

The Commerce Ministry will scrutinise the financial position of any Thai partner in an investigation, he warned.

"If the government takes serious action on nominee scrutiny, it should give the wrongdoers a grace period to adjust. It might take up to two years as six to 12 months is too short for thousands of [suspected] nominee firms," he said.

There are an estimated 10,000 nominee firms nationwide in all businesses. A number of nominee firms exist in the property market, said Mr Patima.

"Just imagine how many nominees there are for condominium projects where the foreign quota is full, or for villas, in which foreigners cannot hold land, in tourist destinations. Each unit has a shell company to hold it for a foreign buyer," he said.

The Department of Business Development (DBD) began checks on suspected nominee firms in 2008 but only at random in the first year to get an overview. Now it is preparing to do more in-depth checks, working with the Lands Department, the Department of Special Investigation (DSI), provincial governors and Commerce Ministry offices in 20 major provinces and tourist destinations.


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