Joint forces raid 18 foreign-owned Koh Samui hotels for operating without licences

[BestB]

1 hour ago, ThomasThBKK said:

Up to 4 rooms and 20 sleeps you don't need a hotel license. That's clarified in thailands hotel act.

So I would question if even that is real...

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They have actually changed that and you do require hotel license .

 

problem is not only they do not issue it and if they do it takes 3-4 years to get one but requirements are impossible to meet unless you applying to build a new hotel and plans are for hotel

[Tropicalevo]

20 hours ago, kotsak said:

Right, blame the foreigners.. the local nominees are innocent.

 

They usually are. Most are not aware that they are nominees.

[ThomasThBKK]

They have actually changed that and you do require hotel license .
 
problem is not only they do not issue it and if they do it takes 3-4 years to get one but requirements are impossible to meet unless you applying to build a new hotel and plans are for hotel

The local land office just told me that we don't need one. We just have to register it as a small business with the local orbortor?

I don't see anything changed in the hotel act.

You got any link or something? Are they just locally making shit up again maybe?

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[from the home of CC]

good start... 

[Tropicalevo]

The nominee shareholder thing is a minefield.

 

Foreigners cannot own more that 49% of a business. You have to have Thai shareholders. I want my business to be run by my staff. Unfortunately they cannot raise the '4 million baht' that is required therefore, according to many, they are just nominee shareholders working for a fat farang. The only way that I can find to hand the business over to them is to set up a new company. I am not a shareholder nor a director, and yet they could still be classed as nominees as they have very little capital!

 

TIT

[ThomasThBKK]

The nominee shareholder thing is a minefield.
 
Foreigners cannot own more that 49% of a business. You have to have Thai shareholders. I want my business to be run by my staff. Unfortunately they cannot raise the '4 million baht' that is required therefore, according to many, they are just nominee shareholders working for a fat farang. The only way that I can find to hand the business over to them is to set up a new company. I am not a shareholder nor a director, and yet they could still be classed as nominees as they have very little capital!
 
TIT

It's absolutely normal that investment money isn't equal in a company.

That's the whole reason venture capital/private equity funds exist and has absolutely nothing todo with nominee structures. Company founders are pretty much never the ones who put in all the money...

This is some stuff made up by weirdos in here and not reality.

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[Curmudgeon1]

On 4/24/2019 at 3:47 AM, kotsak said:

Right, blame the foreigners.. the local nominees are innocent.

 

Yes they are...  they're dupes. Often getting stuck with liabilities running their economic lives. 

[bluesofa]

4 minutes ago, Curmudgeon1 said:

Yes they are...  they're dupes. Often getting stuck with liabilities running their economic lives. 

dupes?

How does that work? Do you mean they've signed forms which they don't understand? If so, why would they do that?

 

[BestB]

1 hour ago, ThomasThBKK said:

The local land office just told me that we don't need one. We just have to register it as a small business with the local orbortor?

I don't see anything changed in the hotel act.

You got any link or something? Are they just locally making shit up again maybe?

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Your land office told you incorrect information. Thousands have been already raided and arrested, including myself.

 

It is also not land office that issues licenses or knows what is required by law, but amphurs

 

Local amphurs continue to issue room for rent license being well aware it is not legal any longer.

 

Hotel act was amended, so was the building codes, i donot have link but have a few threads running with detailed information, give me a sec, will try to find some older threads

 

 

[BestB]

ThamasthBKK, sorry bud, can not find the topics, but its definitely there

[ThomasThBKK]

Amphur/Land office is same building at that place, as it's a small island.

Building permit of the guesthouses was for a hotel - so got the whole checks (without brown envelopes).

Business is registered as a hotel at the local Amphur aka Land Office aka whatever the <deleted> else they do there.

They said they  they will check in person after built is complete and then say if its ok, but it won't need a full hotel license.

 

it does however, comply with every bit of the hotel act/building codes/zoning laws/healthdepartment crap etc.

 

I don't see any update on the hotel act after 2016 anywhere online tho...

 

guess  there's only so much you can do here and the rest is lottery 

 

[BestB]

4 minutes ago, ThomasThBKK said:

Amphur/Land office is same building at that place, as it's a small island.

Building permit of the guesthouses was for a hotel - so got the whole checks (without brown envelopes).

Business is registered as a hotel at the local Amphur aka Land Office aka whatever the <deleted> else they do there.

They said they  they will check in person after built is complete and then say if its ok, but it won't need a full hotel license.

 

it does however, comply with every bit of the hotel act/building codes/zoning laws/healthdepartment crap etc.

 

I don't see any update on the hotel act after 2016 anywhere online tho...

 

guess  there's only so much you can do here and the rest is lottery 

 

In case you had explained then all is ok, just need to wait. for most others buildings were not built as hotels, so its impossible 

[ThomasThBKK]

In case you had explained then all is ok, just need to wait. for most others buildings were not built as hotels, so its impossible 

Thanks for ur opinion. Let's see, i am sure some bullshit will come up sooner or later and thats why i don't have a share in that business at all...

Just trying to help thai gf where i can to structure it all ok.

Wouldn't be surprised if they blacklist people and void their visas for bs reasons like not having a hotel license for a single guesthouse... Too much risk for me.


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[BestB]

Just now, ThomasThBKK said:

Thanks for ur opinion. Let's see, i am sure some bullshit will come up sooner or later and thats why i don't have a share in that business at all...

Just trying to help thai gf where i can to structure it all ok.

Wouldn't be surprised if they blacklist people and void their visas for bs reasons like not having a hotel license for a single guesthouse... Too much risk for me.


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Nah, no blacklist, only a few nights in jail then to court, then bail, and then wait if prosecutors will file a case.

 

Saying that, because the arrest immigration does get notified and while getting a visa is not a problem, extending one is, as immigration wants a letter from the courts saying you all cleared, but courts can not provide this letter as prosecutors have not filed a case

 

In the mean time, you stay in limbo and wait for unknown.

 

Love thai legal system ????

[leosurin]

Really...i don't understand what we still doing in this country..?!

Been here 20 years got a daughter brought in this land millions and millions bath...and still be treated less then dogs.

Wake up guys...have some pride...

[BestB]

5 minutes ago, leosurin said:

Really...i don't understand what we still doing in this country..?!

Been here 20 years got a daughter brought in this land millions and millions bath...and still be treated less then dogs.

Wake up guys...have some pride...

Whatever makes you feel you are treated any better back in your home country?

 

Country where  come from Australia, if you park 2 cm over the allowed distance, you get booked, If you park 1 min over the allowed time limit, you get booked. If you want to paint your own house, you must seek approval from the council. massive tax, and list goes on

[leosurin]

1 minute ago, BestB said:

Whatever makes you feel you are treated any better back in your home country?

 

Country where  come from Australia, if you park 2 cm over the allowed distance, you get booked, If you park 1 min over the allowed time limit, you get booked. If you want to paint your own house, you must seek approval from the council. massive tax, and list goes on

Sorry for you man....in Italy we still got rights..can work and make money..you can build a family there.

But i can see you are happy here...until it last...good luck to all of you.

[GeorgeCross]

22 minutes ago, leosurin said:

Really...i don't understand what we still doing in this country..?!

Been here 20 years got a daughter brought in this land millions and millions bath...and still be treated less then dogs.

Wake up guys...have some pride...

 

when are you leaving?

 

 

[khunPer]

54 minutes ago, ThomasThBKK said:

Amphur/Land office is same building at that place, as it's a small island.

Building permit of the guesthouses was for a hotel - so got the whole checks (without brown envelopes).

If you talk about Samui – which was the OP – then its not the same building.

 

• Amphor in central Nathon is for business registration, work permits, and ID-cards.
• Tessa Ban in southern Nathon issue building permissions, and house books etc.
• Land Office south of Lipa Noi is for land and servitude registrations, and they issue land title deeds, not building permission or business registrations.

[BestB]

15 minutes ago, leosurin said:

Sorry for you man....in Italy we still got rights..can work and make money..you can build a family there.

But i can see you are happy here...until it last...good luck to all of you.

If Italy was so good , any reason why so many Italians try to come to Australia?

[ThomasThBKK]

If you talk about Samui – which was the OP – then its not the same building.
 

• Amphor in central Nathon is for business registration, work permits, and ID-cards.
• Tessa Ban in southern Nathon issue building permissions, and house books etc.
• Land Office south of Lipa Noi is for land and servitude registrations, and they issue land title deeds, not building permission or business registrations.

No sorry was talking about an island in koh chang area, i heard sooo much bad stuff about samui, like more chanotea issued as there is land on the island etc. That i would never touch that island.

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[huberthammer]

15 hours ago, leosurin said:

Really...i don't understand what we still doing in this country..?!

Been here 20 years got a daughter brought in this land millions and millions bath...and still be treated less then dogs.

Wake up guys...have some pride...

being here for 20 years does not entitle you to break the law in the same way it does not back home. I know people here who bothered to do the proper paperwork and operate within the given law. I also know people like the ones who just got raided who were laughing at the guys doing things by the book and eventually they got done. 

 

Back home they throw the book at your for running a business without the proper framework so it seems strange to me that people come here and trample on the laws and think it is okay. Just because the Farang property sales guy tells you not to worry about nominee structure and licensing laws does not make it right.

 

Sorry you feel that it is time for you to leave after 20 years, I personally don't see it better in countries around Thailand and certainly not back home. 

[Tropicalevo]

19 hours ago, bluesofa said:

dupes?

How does that work? Do you mean they've signed forms which they don't understand? If so, why would they do that?

 

because they cannot read Thai?

 

The lawyer gives them the paperwork and says 'Sign this and everything will be all right. Trust me, I am a lawyer.'

[ronaldo0]

Wife showed me a thai article about this she read . Some german had built a 7 bed villa at top of chaweng noi and was renting it out . Army etc turned up when was full of guests .

He said he paid money for the land, paid 800,000bht and was told everything ok no problem build away and he did. This was 18 months ago. Now I think he seemingly has zero paperwork for all this, the company was using nominees etc and hes going to either be saying bye to the villa or paying a lot to ok it.

But what struck me was if this guy was so smart and made his money from business before to build the villa then surely he would have the brains to check every detail here and hire the best lawyer etc before starting building ??

[huberthammer]

7 minutes ago, ronaldo0 said:

Wife showed me a thai article about this she read . Some german had built a 7 bed villa at top of chaweng noi and was renting it out . Army etc turned up when was full of guests .

He said he paid money for the land, paid 800,000bht and was told everything ok no problem build away and he did. This was 18 months ago. Now I think he seemingly has zero paperwork for all this, the company was using nominees etc and hes going to either be saying bye to the villa or paying a lot to ok it.

But what struck me was if this guy was so smart and made his money from business before to build the villa then surely he would have the brains to check every detail here and hire the best lawyer etc before starting building ??

Fully agree. As a new arrival he probably listened to the wrong people for advise. Many did well building houses and starting businesses. But in many cases, what worked years ago will no longer pass and some of the advise I was given was just outright reckless and often there were no facts to back it up. 

Use common sense and start under the assumption that laws will eventually be enforced would be a great starting point before investing a Satang 

[55Jay]

On 4/24/2019 at 5:28 PM, Danny286 said:

Typical Farangs. Never fails to amaze and then later they go and whine about how Thailand is so unwelcoming and hostile towards their privileged white asses.

This is very common across all the islands and some parts of mainland in Thailand. So many fat white guys are co-owner of every other building and turned it into hotels for other fat white guys or backpacking beggers. Some even marry innocent Thai women just to stay here and do their filthy business. Thai people are just loosing their homes and opportunities to them. It's their country. They should get the money from tourism in their country.

Yawn.  Another neutered white millennial regurgitating white man bad memes from the internet.  So unbiased, so brave.  Michelle Pfeiffer and Hillary Swank are raising their "Fight Whitey" fists in solidarity.  You go, girl!  ✊ 

 

 

[Drax]

“working in a business – food and beveragl”

 

how are they working a thai job if they are not in the country even. Sounds bit ridiculous. Last time I checked forgeiners can still own restaurants, we just can’t cook ourselves lol. 

[PoorSucker]

5 hours ago, Drax said:

“working in a business – food and beveragl”

 

how are they working a thai job if they are not in the country even. Sounds bit ridiculous. Last time I checked forgeiners can still own restaurants, we just can’t cook ourselves lol. 

There are alot of foreign chefs on Samui. 

[billd766]

On 4/24/2019 at 5:28 PM, Danny286 said:

Typical Farangs. Never fails to amaze and then later they go and whine about how Thailand is so unwelcoming and hostile towards their privileged white asses.

This is very common across all the islands and some parts of mainland in Thailand. So many fat white guys are co-owner of every other building and turned it into hotels for other fat white guys or backpacking beggers. Some even marry innocent Thai women just to stay here and do their filthy business. Thai people are just loosing their homes and opportunities to them. It's their country. They should get the money from tourism in their country.

Can I assume as you have obviously done. 

 

Firstly, the land was owned by Thais who sold that land to the companies and they have no interest in it once they were paid.

 

Secondly, there is nothing stopping Thais from doing exactly the same.

 

Thirdly, quote "So many fat white guys are co-owner of every other building and turned it into hotels for other fat white guys or backpacking beggars."

 

Naturally you have proof that 50% of all the buildings are owned by in your words "So many fat white guys are co-owner of every other building and turned it into hotels for other fat white guys or backpacking beggars and you have complained to the governor's office and to the RTP.

 

Fourthly quote "Some even marry innocent Thai women just to stay here and do their filthy business." I don't think that many innocent Thai women would marry unknowingly, most Thai women I know are generally much smarter than that.

 

You seem to be a sad and angry person from what I can read in your post.

 

Ask any Thai woman if rather work in a hotel with air conditioning or out in the fields earning far less.

[xylophone]

On 4/25/2019 at 10:18 AM, ThomasThBKK said:

Having thai shareholders is not a nominee setup, it's a legal necessity here. Nominees are only nominees if they have no stake in the business and get paid only to be a pseudo shareholder.

Yes there are ways of operating a company legally here where there are Thai shareholders who have invested in the business and have a vested interest in seeing it work, and along the way they will attend board meetings and pore over financial results to this end.

 

If foreigners stuck by the law, then there would be no problem, however it is usually the desire of the foreigner to try and overcome the laws here and set up some sort of shonky company that, in their mind allows them to own the company and, for example land.

 

The lengths that some people go through to supposedly "own" land, which in effect they never do, by setting up shell companies, nominee companies, faux companies, offshore companies, overseas joint accounts etc is quite amazing.

 

As regards this example, if they have broken the law as it is in Thailand then they have to face the consequences. Simple as that.