You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

December 19, 2013

Getting the Deal Through – Real Estate 2014, Thailand Chapter

Law Business Research

Cynthia M. Pornavalai and Ahmet Yesilkaya, partner and consultant in Tilleke & Gibbins’ corporate and commercial group, have coauthored the Thailand chapter of Getting the Deal Through – Real Estate 2014, a guide to real estate in 28 jurisdictions worldwide. The chapter provides an insight into real estate ownership and investment in Thailand, and it examines foreign investment law in terms of liability, choice of law, and important considerations when investing in Thailand. In particular, the chapter covers the following topics:

  • General: Thailand’s legal system; registration and recording; land records; exchange control; liability; choice of law; jurisdiction; commercial versus residential property; planning; compulsory appropriation; and forfeiture without compensation
  • Investment vehicles: Investment entities; foreign investors; and organizational formalities
  • Acquisitions and leases: Ownership and occupancy; pre-sale; contract of sale; environmental impact; covenants and representation; security instruments; delivery of security deposits; due diligence; reviews; other important agreements and documents; closing preparations and formalities; and breach of contract and lease terms
  • Financing: Secured lending; security interests; valuation; legal requirements; loan interest rates; loan default and enforcement; loan deficiency claims; recourse; cash management and reserves; credit enhancements; loan and financial covenants; bankruptcy and insolvency; secured assets; and single purpose entity

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Real Estate 2014 (published in November 2013; contributing editor: Joseph Philip Forte of DLA Piper LLP). For further information please visit www.GettingTheDealThrough.com.

RELATED INSIGHTS​ 

February 22, 2013
Location, location, location—the old adage about the three things that matter in real estate continues to be true today, especially for retailers. Commercial real estate developers and retailers face a fiercely competitive market and shifting consumer patterns as Bangkok continues to expand geographically. To reach the city’s expanding consumer base, it is essential for retailers to understand local zoning requirements, especially with a new city plan set to come into effect in May.BMA Ordinance
February 14, 2013
In association with Lex Mundi, Practical Law Company has now published the latest edition in its series of guides on how to do business in jurisdictions worldwide. The Thailand chapter, written by attorneys at Tilleke & Gibbins, provides an overview of the legal system and key laws for foreign companies doing business in the Kingdom. Presented in a question-and-answer format, the chapter examines the rules governing foreign investment, business vehicles, employment, tax, competition, intellectual property, marketing agreements, e-commerce, data protection, and product liability.
December 26, 2012
Getting the Deal Through has published a multi-jurisdictional guide to real estate in 30 jurisdictions worldwide. The Thailand chapter was written by Cynthia Pornavalai and Ahmet Yesilkaya from the Tilleke & Gibbins corporate and commercial team. The chapter provides a business perspective to owning and investing in real estate in Thailand, and clarifies the law for foreign investors in terms of their liability, choice of law, and what to consider when making investments in Thailand. More specifically, the chapter covers the following:
November 30, 2012
Long-term lease agreements in Thailand are generally limited to a maximum term of 30 years and may then be renewed for another 30-year term under Section 540 of the Civil and Commercial Code of Thailand.