Kentucky Real Estate Business

Posts Tagged ‘Foreigners’

The condominium market in Asia is going through an extremely profitable phase. In the one hand, some property brokers go through hiccups in selling new condominium projects.

On the other hand, developers are not willing to break the development of new condominiums in Asia, at least for the next 1-2 years. The government allows foreigners the right to use land only, nothing more. In fact, their interest in the Asian property, particularly condominiums, is very strong, not to think about the prices that are fairly less than other countries.

Strong consumer purchasing power for condominiums has lead to surge in the national property loans. During the first semester of 2007 bank loans for the property sector progressed by 26.96%. Bank Indonesia reported that in June 2007 loans directed to the sector arrived at Rp130.9 trillion, compared to Rp103.1 trillion in June 2006.

The property loans as of June 2007 are split up into construction loans of Rp31 trillion, real estate loans of Rp17.4 trillion, as well as house and apartment ownership loans of Rp82.5 trillion. This has lead to the consumption loans during the first semester of 2007 rising by 18.4% to Rp249.4 trillion, compared to the first semester of 2006 of Rp208 trillion.

A reason behind the moderate response in the condominium market net take-up in Asia can be attributed to several factors, including the battle between condominiums and lavish houses in high-class locations with more competitive prices and privacy. On the other side, reduction in house ownership loan rates have urged customers to invest in landed houses, expecting large fixed capital gains.

Consumer purchasing power for condominiums is still strong. The trend of apartment ownership loan-directing in the first quarter of 2007 gives the signal that consumer purchasing power is solid. However, in general several factors such as supply and demand, huge fresh supply from delayed projects in 2006 have resulted in the condominium market reaching the alarming territory.

By 2007 end, fresh condominium supply is expected to reach 4,000 units, not to think about the alive and unsold 3,155 condominium units in the first and second quarters of 2007. Considering lower estimated sales rates of 20% in the third and fourth quarters of 2007, it is predicted that unsold supply of condominiums that are alive will increase rapidly in 2008 and 2009

This year’s drop of bank interest rates means 2007 is the year to buy property. Flooded supply in the market will result in the decrease in prices of new condominium. The trend of tenants moving from old-style condominiums to the new ones is expected to meet the wish of buyers who buy to lease. However, buyers aiming to lease condominiums should look at the trend of expatriates’ shrinking interest in renting condominiums.

Taking into account the alarming level, the condominium developers should rethink about their projects. Understanding market’s needs, including the supply and demand calculation for certain locations should be performed for the developers to sustain themselves in coming years. Too much attention in the momentum and constant development of new condominium projects without far sighted thinking will lead to the condominium market getting overheated.

Construction loans in the property sector reached Rp31 trillion in June 2007. Unnecessary fight in the property market will inevitably result in flourishing non-performing loans. The market data points to the fact that middle and upper-middle segments of condominiums are favored. It is important to understand that locations outside the central business districts or other high-class premises, where land prices are comparatively low, are prospects for the low-end condominium market. If you take care of state of the market and other related requirements you should be able to invest successfully in Asia.

Can foreigners still own land or a condominium unit beyond the foreign ownership quota with a Thai limited company in Thailand? In new regulations issued by the Thai government (starting in May 2006) this circumvention of the law by foreigners is no longer ignored by the Thai government.

Thai law permits the purchase of land or condominium by a partly foreign owned Thai company so long as the maximum foreign shareholding does not exceed 49%. Foreigners are under Thai law as a minority shareholder allowed to control a Thai company that owns immovable property and therefore you could argue that foreigners can have a form of freehold ownership or control over property that would normally be restricted for foreign ownership (land or a condominium unit beyond the foreign ownership quota).

Even though property ownership by a partly foreign owned Thai company is a such not illegal under Thai law the Thai government is restricting and discouraging the misuse by foreigners of Thai companies to circumvent property ownership restrictions in Thailand. The Thai government has issued guidelines and regulation that must be applied by the local land offices when they are dealing with a partly foreign owned company.

Before the land office guidelines issued by the Land Department and Ministry of Interior starting in May 2006 it has been common practice for foreigners to own property through Thai limited companies. Currently this is much less common and foreigners who wish to form a company for property ownership will generally have to circumvent the land office regulations and have the shares in the company only registered in their name after the property is registered to the ‘holding’ company (this to prevent investigations into the Thai company and shareholders by the Land Department when registering the property). Under the current land office guidelines, when a partly foreign owned company is registering property (land), the Thai shareholders in the company must be investigated by the land office official before registration and transfer to the company is allowed (i.e. is it a real company or set up to circumvent the law and are the Thai shareholders in the company real shareholders or acting as nominees on behalf of a foreigner).

Existing partly foreign owned (up to 49%) Thai property holding companies are generally ignored by the Thai government but the main drawbacks the foreigner must be aware of are:

1. The purpose of a company may not be to circumvent foreign property ownership restrictions in Thailand. This would be an illegal purpose, making the whole legal set up and registration into the company’s name void under the Civil and Commercial Code and illegal under the Land Code Act. The company must have a business purpose and be in operation as a normal company and file yearly balance sheets and correct accounting (i.e. the company can under Thai law not be a ‘special purpose company’ or ‘land holding company’ for the foreigner)

2. Foreigners are not allowed to use Thai nominee shareholders in the company. According to the current guidelines ‘real shareholders’ are roughly defined as Thais with sufficient income and believable financial history and status, have an employment history and they must be able to proof this at the Land Department (investigation into the company and Thai shareholders only takes place at the land office when registering the property or transferring the property).

3. Whenever registering legal acts (e.g. selling the immovable property) at the Land Department the land office official must investigate the Thai shareholders when it appears to be a partly foreign owned company, even if the foreigner is removed from the updated shareholder list but appears on the Memorandum of association this investigation is under the latest regulations required.

Foreigners who decide to go the company route with additional property ownership in mind (land, land and house or condominium) should be advised by a Thai lawyer with experiences in business and property law. Too often foreigners who set up companies to own property are not properly advised and end up with problems at the Land Department when registering the property because of mistakes made by an inexperienced lawyer.

For more information visit our website www.thailandlawonline.com or email us for more information at info(at)thailandlawonline.com

In general foreigners (non-Thais) have no legal rights to land ownership in Thailand, except for a few rare exceptions. This means that the possibility of land ownership by a foreigner desiring to reside or to reside and to do business in Thailand is, in most cases, none. Consequently, this gives rise to the need to “work around the rules” or to look for alternative ways to own land in Thailand.

Well, there are various structured ways being used: (1) A foreigner leased a plot of land from a Thai person or company for 30 years (The longest lease period under the law), the lease of land contract signed by the lessor and lessee is registered at the Land Office. Also, it is stated in the lease of land contract that “upon the completion of the 30 years lease term, the lessor agrees to renew the lease period for another 2 x 30 years lease period”. This allows a foreigner to possess (not own) the land and to use the land for 30 years, plus maybe another 2 x 30 years lease terms. (Note: If the land is sold to a new owner, this new owner is not obligated to renew the lease period for another 30 years lease period. The lease period renewal is a promise made only by the lessor); (2) A Thai person, possibly a Thai girlfriend, wife or trustworthy friend, owns the plot of land and the foreigner owns the house or building situated thereon. (Thai law does not restrict a foreigner having ownership of a house or building); (3) A foreigner buy share(s) of a company limited that already owns the desired plot of land. To have ownership title of the land, the company limited must have a majority of its shares or capital held by Thais or Thai companies; or (4) A foreigner incorporates a company limited with the majority of its shares or capital owned by Thais or Thai companies. After incorporation, this company limited buys and own the plot of land. To have ownership control over the company limited, the Thai shareholders are either: nominee shareholders of the foreigner (illegal) or having their shareholders’ voting rights reduced (May become illegal given current proposed changes to the law)

Tip

A wise reader will see that, unless he or she wants to risk a relationship with a Thai person going very sour and losing the land and house or getting involved with a company limited structure with hidden illegality or potential illegality, the worry free way will be to lease the desired plot of land for only 30 years from a Thai person or Thai company who has ownership title of the land. Calm your mind and relax your heart, lease a nice plot of land from a Thai land owner for 30 years, register this long term lease at the Land Office and pay the rent up to 30 years only. At the end of 30 years, negotiate with whoever is the owner then to renew the lease. Otherwise, buy and own for yourself a beautiful condominium unit(s) overlooking the sea, beach and the sunset.

**Written by David Tan. David is a Lecturer of Business Law at Asian University and author of the book “A Primer of Thai Business Law (Second Edition)”, available online at www.chulabook.com . In Bangkok, the book is available at all Kinokuniya and Asiabooks bookstores. Any questions or comments should be sent to Business Legal Advisory Services at: blas.inter@yahoo.com

The condominium market in Asia is going through an extremely profitable phase. In the one hand, some property brokers go through hiccups in selling new condominium projects.
On the other hand, developers are not willing to break the development of new condominiums in Asia, at least for the next 1-2 years. The government allows foreigners the right to use land only, nothing more. In fact, their interest in the Asian property, particularly condominiums, is very strong, not to think about the prices that are fairly less than other countries.
Strong consumer purchasing power for condominiums has lead to surge in the national property loans. During the first semester of 2007 bank loans for the property sector progressed by 26.96%. Bank Indonesia reported that in June 2007 loans directed to the sector arrived at Rp130.9 trillion, compared to Rp103.1 trillion in June 2006.
The property loans as of June 2007 are split up into construction loans of Rp31 trillion, real estate loans of Rp17.4 trillion, as well as house and apartment ownership loans of Rp82.5 trillion. This has lead to the consumption loans during the first semester of 2007 rising by 18.4% to Rp249.4 trillion, compared to the first semester of 2006 of Rp208 trillion.
A reason behind the moderate response in the condominium market net take-up in Asia can be attributed to several factors, including the battle between condominiums and lavish houses in high-class locations with more competitive prices and privacy. On the other side, reduction in house ownership loan rates have urged customers to invest in landed houses, expecting large fixed capital gains.
Consumer purchasing power for condominiums is still strong. The trend of apartment ownership loan-directing in the first quarter of 2007 gives the signal that consumer purchasing power is solid. However, in general several factors such as supply and demand, huge fresh supply from delayed projects in 2006 have resulted in the condominium market reaching the alarming territory.
By 2007 end, fresh condominium supply is expected to reach 4,000 units, not to think about the alive and unsold 3,155 condominium units in the first and second quarters of 2007. Considering lower estimated sales rates of 20% in the third and fourth quarters of 2007, it is predicted that unsold supply of condominiums that are alive will increase rapidly in 2008 and 2009
This year’s drop of bank interest rates means 2007 is the year to buy property. Flooded supply in the market will result in the decrease in prices of new condominium. The trend of tenants moving from old-style condominiums to the new ones is expected to meet the wish of buyers who buy to lease. However, buyers aiming to lease condominiums should look at the trend of expatriates’ shrinking interest in renting condominiums.
Taking into account the alarming level, the condominium developers should rethink about their projects. Understanding market’s needs, including the supply and demand calculation for certain locations should be performed for the developers to sustain themselves in coming years. Too much attention in the momentum and constant development of new condominium projects without far sighted thinking will lead to the condominium market getting overheated.
Construction loans in the property sector reached Rp31 trillion in June 2007. Unnecessary fight in the property market will inevitably result in flourishing non-performing loans. The market data points to the fact that middle and upper-middle segments of condominiums are favored. It is important to understand that locations outside the central business districts or other high-class premises, where land prices are comparatively low, are prospects for the low-end condominium market. If you take care of state of the market and other related requirements you should be able to invest successfully in Asia.