Frenchman faces Koh Samui nominee business claims

8 hours ago, sunrisecoconuts said:

These places are not from even more than 5-7 years ago, that's the entire issue, a massive influx since covid with the 'social media hyped' arrogance attitude to ignore the social and red tape rules there are in Thailand. They then proceeded to just do business direct with a lawyer, ignoring local areas and people that matter.

This then became more and more and more, for example a 400sqm plot in phangan costing just 300-500K baht up until covid, they now try to sell you for 1-2M baht with dry eyes. 1 rai sea view you talk 7-10M from 2M. None of this made any logic or sense if having a thai business partner or wife in the traditional sense. It was just capitalist abuse max.

It is not a fair game anymore if you get certain families from a certain country that come with 20 friends, all put in 5K USD, and take over areas. If any of this was remotely logical or reasonable, 'we' would have done it decades ago ourselves as 'farangs'. Also quite a important detail that they not pay interest on their loans and can share land without needing formal land changes easily. It's like a free second home to them.

Most of the older ones are actually working with Thais, or mostly have Thai wives or even children too. They also mostly follow all the rules and do not really own the business properties themselves; in many cases, they just rent them for decades, or the owner is a big family and also a stakeholder in the same business.

The issue with Thailand is that they act like teenagers with black-and-white thinking when forced to deal with a problem.

The challenge that will hurt these people is that they should all have known better. We are all aware of the property rules, and that Nominal Corps was just riding the edge of the law. For the guy who just bought his house and was told that it was okay, I feel sorry, BUT for those who set up multiple companies and bought or set up multiple businesses, I am not sorry at all.

For the Farang married to a Thai, the solution should be a little simpler. Fine him, slap his wrist, and give him 30 days to either sell or change everything over to their spouse.

11 hours ago, sunrisecoconuts said:

Well worse is the officials of course, they set the price that lawyers and agents pay, to then be the necessary middle men for hidden bribes. They should clean up their own house first, then make proper new laws, then offer amnesty 1 year, then enforce.

This is how Thailand works. It's been like this for decades.

Rules can be unclear or subject to interpretation, so how they're applied can vary from one office or officer to another. It doesn't matter what department.

Our accountant would go to a government office for this permit or that permit and be told it would take 3–4 weeks. Then somehow, for another 150 it could be done immediately.

You keep bringing up 2014 / 2015 as though there was some major change that hurt every normal foreign / Thai business. What specifically are you referring to?

From what I can recall there wasn't a major change that suddenly made a legitimate 51% Thai / 49% foreign company illegal or substantially changed the rights of a normal foreign shareholder.

What was happening around that period was increased scrutiny of nominee arrangements and discussion of tightening the Foreign Business Act, particularly situations where the Thai 51% existed mostly on paper while the foreigner actually owned or controlled the business.

That was especially an issue with companies being used to get around foreign business or land ownership restrictions.

So if there's a particular 2014 / 2015 law or rule you're referring to, I'd be interested to know which one.

10 hours ago, ericthai said:

This is how Thailand works. It's been like this for decades.

Rules can be unclear or subject to interpretation, so how they're applied can vary from one office or officer to another. It doesn't matter what department.

Our accountant would go to a government office for this permit or that permit and be told it would take 3–4 weeks. Then somehow, for another 150 it could be done immediately.

You keep bringing up 2014 / 2015 as though there was some major change that hurt every normal foreign / Thai business. What specifically are you referring to?

From what I can recall there wasn't a major change that suddenly made a legitimate 51% Thai / 49% foreign company illegal or substantially changed the rights of a normal foreign shareholder.

What was happening around that period was increased scrutiny of nominee arrangements and discussion of tightening the Foreign Business Act, particularly situations where the Thai 51% existed mostly on paper while the foreigner actually owned or controlled the business.

That was especially an issue with companies being used to get around foreign business or land ownership restrictions.

So if there's a particular 2014 / 2015 law or rule you're referring to, I'd be interested to know which one.

That is not how Thailand works for decades at all, how thailand used to work is that things are possible by paying compensation. Now this only applies if having the right connections. In terms of what changed in 2014/2015? you have to be kidding me, everyone knows that since that time you pay the army too.

As well that this caused the initial OG gangster digital nomads, still 'real people' that today would be in age 30-45, that were booted out with the same visa nazi practices they are running today. This caused a mass exodus in Chiang Mai of over 10,000 digital nomads, that were spending 2K USD a month each average. Chiang Mai had literally the chance for a magic golden boom era, it could have progressed to become what Hanoi is today already in terms of Technology hub.

They then were saved by the chinese boom only, to otherwise ever since have been virtually a deserted place. The same applies to almost everywhere. As well now again today, a mass exodus of the actual legit long stayers is taking place.

Covid in between was a mess up, also then we can go further back and this 5 year pattern goes all the way to early 2000. Aside of 6 decades messing around with foreign investors and businesses, losing all of them in the process. Event virtually all rich today that are Thai, are this thanks to those same foreign businesses and investors. There was none of that before.

There was a very very good change of attitude in covid by Shretta who then was ousted while they did the judicial coup on elections. They learned from the sanctions taken against Thailand so they figured they can do it without the tanks now.

If this comes as news to you, you really are not paying attention for a long ass time.

Edited August 19Aug 19 by sunrisecoconuts

17 hours ago, kingstonkid said:

Again, you really think the media can be successfully sued for reporting criminal cases that are ongoing in court or police investigations?

Successfully, I don't know, but consider how many times a Thai person has sued another Thai person for slander, and you never know.

The truth has very little to do with the charge, it seems

What? Being charged for criminal offences is not slander.

17 hours ago, kingstonkid said:

I am sure you remember the guy who had bad service at a restaurant, and it was verified, but he and I believe the booking company got sued by the restaurant and won.

No, I don't remember that but I do recall the case where an American visitor to a hotel was charged corkage in the restaurant and he issued a negative review about it. Ultimately the case was dropped and apologies were issued all around.

1 hour ago, Liverpool Lou said:

What? Being charged for criminal offences is not slander.

1 hour ago, Liverpool Lou said:

No, I don't remember that but I do recall the case where an American visitor to a hotel was charged corkage in the restaurant and he issued a negative review about it. Ultimately the case was dropped and apologies were issued all around.

The point I am making is: look at all the Thai slander cases whenever someone charges a big gun in parliament.

It does not seem to matter in Thailand whether you are guilty or not; it is still a tool that is used to silence the media and critics,

BTW I never said it was a good idea I just wondered why some of these people do not use it.