OKF

Hi @ all

I am coming to the island next week and I would like to know whether 3G is available so I could use my iPad and IPhone. If so what would be the best to buy and where could I buy it. At the airport they sometimes hand out Phone Cards, are those useful or are they expensive in use? However are there prepay or top up cards of any kind available in Micro Sim for IPhone? Actually i would prefer a card which is valid longer then3 months so when I return I keep my number.

Thanks & regards

Oliver

I do not understand much of the technical stuff here but can one buy a phone card (prepaid) in Samui that one can put in the Ipad for emails and internet usage? Here in my country I do have a 3G phone card inserted.

Hi @ all,

I am soon starting my little project in Samui. I understand thatthe building permit is a very important documetn as it seems to determine that one is the owner of the house being built.

Into the 30 year leasing contarct for the land I had put 2 more Lessee's in case something should happen to me as the lease is not inherritable. It is specified in the contarct taht each Lesse can act on behlaf of the other whcih is like a POA.

So my question is would it be neccessary or wise to have the building permit in my name only or better if it is in all the Lessee's names? It would be much easier if in my name only. Also how about the house book. I read about a blue and a yellwo book here but really do not understand how or whether it is important.

Best regards

Oliver

As I understand it a Thai will should be the best thing to do because you respectively your wife can then specifically inherit everything as nemed by her. This is different in Europe at least in Germany. Her you could not inherrit what you like to whom you like.

Thank you, I understood it that way that the Superfecies is better and also I think you cannot register both.

from what I understand 30 year lease and superficies is the right way to do it, what does the usefruct do?

I do not get why it involves some scrunity?

A usefruct does only make sense if you are married to a thai from what I understand.

I am trying to find a way out of illegallity. That is the reason for the question. And when it comes to the lease price I said 'planned' but thisis up to the lawyer to come up with some advice.

you know I am not Thai, so why do you get cynical? You also know how it works?

OKF, what do your other shareholders think of the proposed sale and price?

-> I do not know but I do have/control the vast majority of votes and share anyhow via my holding

Do you already have someone who wishes to buy the land and then let you use it to their exclusion?

-> yes, a thai person, friend of mine

What prices are you suggesting for the sale and then the 30 year lease?

->I sell it for the price the company bought it for and I am planning to lease it out quite below that price

Thanks for your answers.

I will have no business running. So the companies are not that good of anidea.

The cost involved to pass over to Thai person (incl. all txes) is totalling much, much less then just the bookkeeping cost.

Could you please explain that loan thing to me in more detail?

Hi @ all

I am very indecissive what to do. I really would like to 'sell' my companies land to a thai person so I can personally lease it (back) from him (I do not want to discuss about the guy being trustworthy or not). The reason is that the company structures are sort of illegal in terms of the spirit of the law. Whether my way would also implement a 'nominee structure' is in question as well of course.

The main reason to seriously consider it is that if I do a 30 year leasing agreement between (my) company and myself is that this is then the only income the company will have an the revenue dept. does not even receive taxes or only little due to the debts in the company I assume. So if he company does not do anything actively in the future that willl create problems, does it not?

Your views and experiances would be appreciated.

Thanks

THX

I am very aware of these isues.

I know that such agreement was registered with that clause. I just do not have the document 2.3 it refers to. Again, not being an English speaking native I cannot do it myself properly worded.

...and yes I will take advice but want to prepare verything. By the end of the day these things are more or less very straight forward. If read all the postings here that are about these issues.

I would appreciate if somebody just could answer my question. Thanks a lot.

Hello @ all

may I ask a couple of questions.....

I have drafted a land lease aggreement where I used the content of several. I have a clause in which says:

2. OPTION TO PURCHASE FREEHOLD

2.1 The Parties agree that in return for the Rental, the Lessor will grant a lease of the Land, as detailed herein, in favour of the Lessee (the “Lease”).

2.2 Further, in return for the Rental and for no additional consideration beyond the Rental, the Lessor also hereby irrevocably and unconditionally grants to the Lessee or the Lessee’s designee, an option to purchase the freehold title to the Land at any time during the Term. The Freehold Option shall be exercised by the Lessee at anytime during the Term by giving written notice to the Lessor.

2.3 In order to better secure the Freehold Option for the Lessee, the Lessor, on or before the Registration Date, will provide to the Lessee a signed power of attorney transferring the freehold ownership to the Land from the Lessor to one transferee to be designated by the Lessee (the “Land Transfer Power of Attorney”). The Lessor agrees that such power of attorney shall be binding on all transactions taking place during the Term, under the terms and conditions provided herein

2.4 Any and all government transfer fees and taxes associated with the transfer of the freehold title to the Land into the name of the Lessee or his designee will be borne solely by the Lessee.

I assume somebody else has done this. If so it would be very kind if someon could provide me with the document in 2.3

I also have put 3 Lessee's in as the lease is not inherritable. I have formed a clause which says:

Each Lessee can Act on behalf of the other and has every single duty and obligation resulting from this contract. It is seen as being a single lessee throughout this contract.

I am not a native English speaker so I think that clause is not right wording. What I want to say is that all the lesses do not act in a group. If one does or say something that is binding for everybody as if there is one Lessee only. Maybe someone can put in right english for me?

Also I have found a very straight forward Superficies agreement. From what I know they are very straight forward. Would it be okay like this:

...Contract berween X and Y for ...

Parties to the contract agree as follow:

1. The Grantor agrees to grant the Grantee the right of superficies on the above-mentioned land, with the right to own, upon or under the land, building, structures or plantations.

2. Such right of superficies above mentioned in Clause 1. shall be enforced for a period of 60 years.

3. In case of destruction or loss of buildings, structures of plantations, even if caused by the force majeure, the Grantee’s right of superficies on this land shall not be extinguished.

4. When the right of superficies is extinguished by any cause, the Grantee agrees to take away his building, structures or plantations from the land of the Grantor immediately, at the Grantee’s own expense.

In case the Grantor does not wish the Grantee to take away the objects listed in the preceding paragraph, and declares his intention to purchase such buildings, structures and plantations at their market value, the Grantee agrees to sell such objects to the Grantor.

5. The Grantee shall not transfer the right of superficies according to this contract to other persons or outsiders, except with the prior written approval of the Grantor.

6. In case of death of the Grantor or Grantee, the right of superficies granted in this contract shall remain binding unto their heirs who shall comply with this contract; and it shall not be deemed that the contract expires because of such cause.

This contract is made in duplicate. The parties to the contract having read and understood the entire substance of the contract hereby sign their names in the presence of witnesses

There was clause in about payment, I have take it out (As remuneration for the use of Land, the Grantee agrees to pay consideration to the Grantor in the form o/for a total of_ which shall be paid monthly/annually throughout the period of this contract, payable every last day of the month/year.). Is it okay to take it out? Do I have to put in somewhere that this has to be seen in conjunction with the lease agreement? Would that clause been sufficient?

And one more practical question:

I assume the the lessees and the lessors do not have to go to the land office themselves and sign meaning someone with a power of attorney signed by the lessor and the lesse can go ad register or better a lawyer?

Thanks & regards

Oliver

just to clarify, the land is owned by my company which I control and I am aware of the problems linked to companies controled by a foreigner so that is not the issue.

I would like to have a building permit in my own name but NOT do a leasing agreement yet. So as proposed here it will be okay to register a superficies? How does that work and how much does it cost?

Hi @ all

15 Minutes ago I watched a group of cars and busses from the east of Thailand driving down Sukhumvit.

Hi @ all

can I have a building permit in my name rather then in the name of my company who holds/owns the land (as I want to built the house in my personal name) without having a leasing agreement in place between me and the (my) company but maybe only a yearly rental agrement which will renew automatically?

Thanks & regards

Oliver

thnaks for the link, very interesting thread

Hi @ all,

I am planning to build a Villa in Samui on a hill that at some stage should function as a holiday or retirement home for at least 3 month or more a year. Up until then and in between I would like to rent out. Some people have a Thai couple living in their homes that they will pay. Also that couple will do some of the maintenance. All that being supervised by a property and rental company that I would have to pay. Is there any other good way of protection rather then having a couple living there which of course is costly? What are other doing if the property is empty for quite some time of the year?

Thanks a lot Slaps, as I am unable to put moutain markers in to google earth but transferred it to MAPS and can see he is 1 km behind me and about 100 metres higher then me. Does Gecko and his building an his sound face North (towards = Bophut) or East (towards = Chaweng)?

I will ask someone I know which must live there and would not be amused if it is as bad as described.

Hi @ all

I have just read through this whole 5 pages and find it very interesting as it covers exactly what I am looking for. I posted in another thread my particular problem which is very simlar to what is described here. This posting made me understand the issue very well. I have compaqny structure and I am thinking of selling the land to a thai person and lease it back from him and close the companies. We have no relation to each other then being friends or so, so no spouse. So far so good and I may be on the leagl side of things BUT could that deal be done in a way that there is no money flow. What I mean is, he gets the land and I get the lease. So in a contract I can ask for payment within a longer period that would enable the guy to use the leasing money (which would be about the same) or the contract itself would cover that the nonies gop against each other. Would that be 'legal' and straight forward to do so noone ends up in some 'nominee' problems some time, regarding the proff where the guy has the funding from?

Yes I am aware of that it cannot be shown but it is located at some coordinate maybe near the location I have chosen here now. If somebody can correct the location that would be appreciated.

I typed in bophut hills golf course and that is what i got:

Bophut Hills

Bophut Hills, Bo Phut, Ko Samui, Surat Thani 84140

Thailand

http://maps.google.com/maps?f=q&source...179759039015003

You may have to zoom out first to world view and mark the red tab with the 'A' and then zoom in as I am not so good with these things

I do have a Thai majority but still more or less full control. I explained it briefly in another thread here. I will send you a PM to explain in detail if you are interested.

as I said I can make out my land spot on on google, so if I have google coordinates I can make out where it is. My land is left of the 2 white buildings on the hill that you can see from the main street and above those 2 white buildings there is another building being built or finished by now. Sounds as if I look at Gecko it and that it is about 1 km away facing me?

I understand that but wat is the place or the coordinates? Does it help if I sent you my coordinates to put it in proportion via PM?