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new123321

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Posts posted by new123321

  1. Firstly not sure if this is the right section?

     

    I've been reading and reading but not seen anything that fits my position.

     

    Me and my Thai GF opened a company about 7 years ago with a few purposes, she owns 51%, me 48% and a family member of mine owns 1%. When this company was created we DID NOT show 2 million baht capital and simply paid the capitalisation fee, I have a work permit and have had for 7 years, always paid tax etc and got yearly extension based on support of my Thai son for 7 years. The company is genuine paying salaries and turning over funds.

     

    I am not the director, my Thai GF is if this make any differences.

     

    Over the past 2 years out company has saved about 900k baht (and paid taxes on profits last year) which is enough to buy a small townhouse  that I have seen including the land.

     

    Now from my understanding this is not an issue, the company would buy out of profits however would my Thai GF be considered a nominee as she did not pay up the 51% of shares of the original 2 million? That being said I did not 'invest' anything either.

     

    I always considered a nominee to be someone paid to act as a shareholder but now I am not sure?

     

    I would admit in private to 'controlling the company' in terms of financial decisions etc and my Thai GF signs at the bank without question.

     

    Aside from this I would like to make an investment in the company to purchase land for a new building to be used as the office location, about 1.2 million. This investment would come directly from me - would this be OK?

     

    I don't want to get tripped up in years to come based on a misunderstanding of the rules thinking everything I was doing was fully above board.

     

    I always though one could in theory buy up the 49% of a land holding public company and purchase another 2% through Thai NVDR and effectively control the company and its assets - this could then mean different rules for some than for others?

     

    Am I OK in what I'm doing/planning or not????

     

     

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