How Can I Start A Business In Hua Hin

[id35]

We are planning to start a business in Hua Hin to be able to buy land for a house outside Hua Hin.

Who would you recommend? I've seen there are a couple of agencies on floors 2 and 3 of

the old Mall at Phetkasem. Does anyone have experience with these agencies?

[stgrhe]

Are you saying that you intend to start a company for the purpose of buying land to build a house on?

[id35]

Are you saying that you intend to start a company for the purpose of buying land to build a house on?

That is correct.

[gotlost]

OH BOY!

[JimmyGreaves]

Get your 3 shareholders sorted (you being 1), make sure they have the money to buy their shares. Set the company up, buy the land, build the house. Volia!

Edited November 11, 2009 by jflundy

[d0ndela]

I'm not sure if we are allowed to mention company names here so I won't. But I have experience with one of the agencies in the Hua Hin Shopping Mall. They pretty much don't do anything else than setting up and maintaining companies like the one you are interested in starting. They live of foreigners who does not live here, because those who do live here will have a better idea of what things ought to cost and what things definitely should not cost. So when their clients move permanently to Hua Hin they usually change to another company. I know this because the owner told me this himself.

Our experience with them however was not for such a company. We have a proper company which actually does business and is not intended for owning land. We were recommended this company by some good friends (who need I say does not live here permanently ), so in lack of better knowledge we hired their services and we got started setting everything up. It turned out to be pretty obvious that they specialized in "dead" companies, because they didn't handle to well that we actually wanted to setup a proper company and try to follow the laws in this country. After about 6 months we felt that the company was steady enough to change to a different law firm, so we did. Let's just say that not all the paperwork was it should have been. Now we have a part time employed accountant which handles everything for us, with the fees the "law firms" in this town charges, it almost pays of to have a full-time employee to do it for you instead.

Anyways, enough about this off-topic chat. Just wanted to say that I have had experience with one of the companies you were asking about, and I think they would be able to help you with what you are looking for, at a cost though.

[bapak]

The advice that I have been given on many occasions... when thinking of using a lawyer in Hua Hin for anything involving land.. DON'T. Get one from Bangkok.

[stgrhe]

The advice that I have been given on many occasions... when thinking of using a lawyer in Hua Hin for anything involving land.. DON'T. Get one from Bangkok.

I too would use a lawyer from Bangkok. Your embassy should probably be able to provide you with a list of trusted law firms in Bangkok.

By the way, setting up a company for the sole purpose of owning land violates the Foreign Business Act as well as the Land Code Act, but you probably already know that.

[loverboy44]

No my friend strghe. Many don't know that and sorry to say this, leave their brain at the border.

Just yesterday some a nice thai friend told me, that you just open a Ltd. and you can do all.

Noone mentioned what you've said and never mentioned the costs of a work permit and tax payments and book keeping every month to follow.

Go and get yourself a lawyer from your embassy and then make up your mind!

Thanks strghe!

[Hublet]

Don't do it.

You can buy or build a house, which you will own but the bottom line is that it is illegal for Foreigners to own land.

So if you have to leave you can take the house with you if you like. You can however lease land.

As for starting a company and business to do this, you can only have up to 49% ownership the rest has to be in a Thai National's name.

Then you have the taxes and bookkeeping fees each month, the employment of four Thais under contract (so that you can keep and pay

for your work permit), which you need along with your business visa. Plus any extras requested by the Police Auxillary, who visit once

a month to collect your contribution. On top of this you have your visa runs, which are nessessary.

And after all of this is done you, personally, are not allowed to do any work that a Thai National can do.

Are you getting the idea now????????

I have been there and done that and won't be doing it again.

Leave Thailand for your holidays - It is the land of smiles for all tourists.

[stgrhe]

Well Hublet, it is not my meaning to point a finger at you but there are in fact special circumstances under which a foreigner may own land in Thailand. Therefore to say that it is illegal is not fully correct, although it is illegal for us foreigners under most circumstances.

I also like to add that with the new Foreign Employment Act B.E. 25xx that is expected to enter into force early next year, it would be virtually impossible to obtain a work permit unless it is a genuine business we are talking about.

[klikster]

Well Hublet, it is not my meaning to point a finger at you but there are in fact special circumstances under which a foreigner may own land in Thailand. Therefore to say that it is illegal is not fully correct, although it is illegal for us foreigners under most circumstances.

I also like to add that with the new Foreign Employment Act B.E. 25xx that is expected to enter into force early next year, it would be virtually impossible to obtain a work permit unless it is a genuine business we are talking about.

I believe that if you are using the commonly accepted legal definition of "ownership" (rather than the creative version used by farang property developers), that individual aliens cannot "own" land in Thailand.

However, I would be more than happy to be proved wrong.

[stgrhe]

Well Hublet, it is not my meaning to point a finger at you but there are in fact special circumstances under which a foreigner may own land in Thailand. Therefore to say that it is illegal is not fully correct, although it is illegal for us foreigners under most circumstances.

I also like to add that with the new Foreign Employment Act B.E. 25xx that is expected to enter into force early next year, it would be virtually impossible to obtain a work permit unless it is a genuine business we are talking about.

I believe that if you are using the commonly accepted legal definition of "ownership" (rather than the creative version used by farang property developers), that individual aliens cannot "own" land in Thailand.

However, I would be more than happy to be proved wrong.

Yes we can actually and there are two circumstances provided for us although one is for a limited time only. If we inherit land we can actually own a piece of land not exceeding 1 rai for yo to one year. The other possibility is through investment in government bonds of 10 million baht for five years. This latter possibility do actually also require approval of the minister.

[klikster]

Well Hublet, it is not my meaning to point a finger at you but there are in fact special circumstances under which a foreigner may own land in Thailand. Therefore to say that it is illegal is not fully correct, although it is illegal for us foreigners under most circumstances.

I also like to add that with the new Foreign Employment Act B.E. 25xx that is expected to enter into force early next year, it would be virtually impossible to obtain a work permit unless it is a genuine business we are talking about.

I believe that if you are using the commonly accepted legal definition of "ownership" (rather than the creative version used by farang property developers), that individual aliens cannot "own" land in Thailand.

However, I would be more than happy to be proved wrong.

Yes we can actually and there are two circumstances provided for us although one is for a limited time only. If we inherit land we can actually own a piece of land not exceeding 1 rai for yo to one year.

That really isn't ownership.

The other possibility is through investment in government bonds of 10 million baht for five years. This latter possibility do actually also require approval of the minister.

While those may be available, much the same as land associated with BOI promotion, I believe that if you decide to sell the land, it must be sold to a Thai (or Thai company). So neither neither example fits within the universal concept of legal ownership, i.e., something to the effect of holding and disposing of said real property as one sees fit.

[gregchambers]

There is a very nice business opportunity here for someone to design and build modular houses that can actually be deconstructed and moved to a new location, which combined with a thirty year land lease could make the law look something of a laughing matter.

[tricolor]

There is a very nice business opportunity here for someone to design and build modular houses that can actually be deconstructed and moved to a new location, which combined with a thirty year land lease could make the law look something of a laughing matter.

Yes, haven't seen any trailer parks yet

[lazygourmet]

There is a very nice business opportunity here for someone to design and build modular houses that can actually be deconstructed and moved to a new location, which combined with a thirty year land lease could make the law look something of a laughing matter.

Yes, haven't seen any trailer parks yet

My friend's converted container on the outskirt of Cha-Am beach:

Weekend holidays retreat...

[tricolor]

looks nice

[lazygourmet]

looks nice

Just wait until the garden will be finished

[klikster]

My friend's converted container on the outskirt of Cha-Am beach:

Weekend holidays retreat...

Any details on source, availability, prices, variations, etc? I have seen this come up from time to time here in TV .. done some web surfing and seen some interesting offerings. Mostly they seem to be a little expensive.

Are these being done in Thailand?

[Burgernev]

Re: modular housing that can be re-located, presumably under the law this would be classed as 'movable property'. The laws, local government requirements, tax implications etc that most of us are familiar with applies to 'immovable propery' (crude definition: 'things fixed permanently to the land'.)

Apart from the obvious advantages at the end of your 30 year lease, I wonder if there's any additional key advantages under the above!?!? Land ownership would remain un-affected ofcourse.

Interesting pictures lazygourmet, for me if your friend added some in-expensinve external cladding, even shiplap, it would make it look far more attractive, not to mention assist with heat transfer.

Don't think I can post pictures, but if you do a search on 'containers converted to housing' there's some amazing designs out there. Food for thought indeed.

Burgernev

Edited November 19, 2009 by Burgernev

[lazygourmet]

Thanks for suggestions...

Here is another interesting link

[klikster]

Thanks for suggestions...

Here is another interesting link

I realize my question is not set in a very detailed context, but ..

"It is a small 34 square meter home with one bedroom, one bathroom, one living room and an outdoor patio with small kitchenette. The price of the home starts at 600,000.00 Thai Baht."

.. how can these compete with concrete construction?

[hhfarang]

Thanks for suggestions...

Here is another interesting link

I realize my question is not set in a very detailed context, but ..

"It is a small 34 square meter home with one bedroom, one bathroom, one living room and an outdoor patio with small kitchenette. The price of the home starts at 600,000.00 Thai Baht."

.. how can these compete with concrete construction?

Not sure it competes in all areas, but the portability of them is mainly what posters were saying is the advantage. If you lose your land lease, you don't lose your house.

[klikster]

Thanks for suggestions...

Here is another interesting link

I realize my question is not set in a very detailed context, but ..

"It is a small 34 square meter home with one bedroom, one bathroom, one living room and an outdoor patio with small kitchenette. The price of the home starts at 600,000.00 Thai Baht."

.. how can these compete with concrete construction?

Not sure it competes in all areas, but the portability of them is mainly what posters were saying is the advantage. If you lose your land lease, you don't lose your house.

I understand that part. I wonder about the longevity .. and the cost of building in concrete then rebuilding a second time. Can someone build 2 small concrete houses for Bt 600 k?

We had a thread going a few months back that also included towable motorhomes (caravans) and a series of purpose developed sites .. quite a different concept, but with some unique aspects. One aspect being that one can live a nomadic lifestyle at home yet change their scenery quite easily. A good example would be living up north for 8 months, the moving to the beach during the burning season.

The expandability of certain designs overcome the 8' container width.

On the flip side, getting one for Bt 600,000 doesn't seem possible even if someone was mfg in Thailand.

With my background, I would dearly love to set up a mfg operation here, but .. sadly .. no $$$