hotel
dennis jansen
adres for me.
hans
cucumber
"dennis jansen" <denni...@home.nl> wrote in message
news:bhd6p9$3vh$1...@news2.tilbu1.nb.home.nl...
> I want to buy a hotel in thailand does anybody has a good site or e-mail
> adres for me.
>
> hans
>
hahahahahahahah - You want to buy a what ?? hahahahahahahahahah You would
have a better chance of playing monoply !!
Panviman
Panviman
Can't help you with your question directly but are you sure you
understand the complications of "owning" a business in Thailand? There
are loopholes, but still it will never be easy.
(More from the Thai Board of Investors:
http://www.boi.go.th/english/business/legal_issues.html)
Panviman
1. Foreign Business Act
A. Introduction
Foreigners in Thailand derive their legal rights primarily from the
domestic laws of Thailand. In general, foreigners enjoy the same basic
rights as Thai nationals.
Restrictions on foreign ownership in commercial banks, insurance
companies, commercial fishing, aviation businesses, commercial
transportation, commodity export, mining and other enterprises exist
under various laws. In addition, Thai participation will frequently be
required in those activities seeking permission from the BOI.
B. The Foreign Business Act
The Foreign Business Act of 1999, which became effective on March 4,
2000, repeals and replaces the 1972 National Executive Council
Announcement 281, better known as the Alien Business Law. The Act
serves to define an "alien," and identifies the scope of foreign
participation in business in Thailand.
An "alien" is defined as:
A natural person who is not of Thai nationality;
A juristic entity that is not registered in Thailand;
A juristic entity incorporated in Thailand with foreign shareholding
accounting for one-half or more of the total number or value of
shares;
A limited partnership or ordinary registered partnership whose
managing partner or manager is a foreigner
C. Businesses Subject to Regulation
Businesses that initiate activities that fall under Lists 1, 2, or 3
of the Foreign Business Act (listed below) are subject to the
limitations imposed by the Act.
Activities that fall under List 1 are strictly prohibited to aliens.
Businesses that are covered by List 2 are prohibited to aliens unless
specific permission is granted by the Commerce Ministry, by and with
an appropriate Cabinet resolution. Alien juristic entities allowed to
engage in List 2 activities must meet the following two conditions:
At least 40 percent of all shares are held by Thai persons or
non-alien juristic entities (This may be reduced to 25 percent on a
case-by-case basis)
Two-fifths of the members of the Board of Directors are Thai
Activities in List 3 are prohibited to aliens unless permission is
granted by the Director General of the Department of Commercial
Registration, Ministry of Commerce, by and with the approval of the
Foreign Business Board.
An alien can engage in businesses in Lists 2 or 3 of he is a promoted
investor in accordance with either the Investment Promotion Act, the
Industrial Estate Authority of Thailand Act, or other laws.
List 1 - Businesses in which alien participation is not permitted
Newspaper undertakings and radio and television station undertakings
Lowland farming, upland farming, or horticulture
Raising animals
Forestry and timber conversions from natural forests
Fishing for aquatic animals in Thai waters and Thailand's Exclusive
Economic Zone
Extraction of Thai medical herbs
Trade in and auctioning of Thai ancient objects or ancient objects of
national historical value
Making or casting Buddha images and making monk's bowls
Dealing in land
List 2 - Businesses concerning national security or safety with an
adverse effect on art and culture, customs, or native
manufacture/handicrafts, or with an impact on natural resources and
the environment.
Production, disposal, sale, and overhead of:
o Firearms, ammunition, gunpowder, and explosives
o Components of firearms, gunpowder, and explosives
o Armaments and military vessels, aircraft, or conveyances
o All kinds of war equipment or their components
Domestic transport by land, water, or air, inclusive of the
undertaking of domestic aviation
Dealing in antiques or objects of art and works of art, and Thai
handicrafts
Production of wood carvings
Raising silkworms, producing Thai silk thread and weaving, or printing
patterns on Thai silk textiles
Production of Thai musical instruments
Production of articles of gold or silver, nielloware, nickel-bronze
ware, or lacquerware
Production of crockery and terra cotta ware that is Thai art or
culture
Production of sugar from sugarcane
Salt farming inclusive of making salt from salty earth
Making rock salt
Mining, inclusive of stone blasting or crushing
Timber conversions to make furniture and articles of wood
List 3 - Businesses in which Thais are not ready to compete in
undertakings with aliens
Rice milling and production of flour from rice and farm crops
Fishery, limited to propagation of aquatic animals
Forestry from replanted forests
Production of plywood, wood veneer, chipboard, or hardboard
Production of natural lime
Accounting service undertakings
Legal service undertakings
Architectural service undertakings
Engineering service undertakings
Construction, except construction of things that provide basic
services, both to the public with respect to public utilities or
communications and which require the use of special instruments,
machinery, technology or expertise in construction and a minimum
capital of the alien of at least 500 million baht
Brokerage or agency undertakings, except:
o Trading in securities or services concerning futures trading in
agricultural commodities, financial instruments, or securities
o Trading in or the procurement of goods or services needed for
production by, or providing the services of, an enterprise in the same
group
o Trading, purchasing (for others) or distributing or finding domestic
or overseas markets for selling goods made domestically or imports as
an international trading business, with a minimum capital of the alien
of at least 100 million baht
o Other lines of business stipulated in Ministerial Regulations
Auctioning, except:
o International bidding that is not bidding in antiques, ancient
objects or objects of art that are Thai works of art, handicraft or
ancient objects, or of national historical value
o Other types of auction, as stipulated in Ministerial Regulations
Domestic trade concerning indigenous agricultural produce or products
not prohibited by any present law
Retail trade in all kinds of goods with an aggregated minimum capital
of less than 100 million baht or a minimum capital for each store of
less than 20 million baht
Wholesale trade in all kinds of goods with a minimum capital for each
store of less than 100 million baht
Advertising undertakings
Hotel undertakings, except for hotel management services
Tourism
Sale of food or beverages
Plant breeding and propagation, or plant improvement undertakings
Doing other service businesses except for service businesses
prescribed in Ministerial Regulations.
Many American-owned enterprises have invoked the provisions of the
Treaty of Amity and Economic Relations between Thailand and the United
States to claim exemption from the Law. The treaty requires national
treatment be granted to persons of each country by the other country.
To receive protection, Americans must register under the Treaty.
Although on paper the Treaty appears self-executing, the Thai
Government will not recognize the American applicant until such
applicant proves its American nationality.
D. Miscellaneous Issues
An alien must invest at least two or three million baht in his
business, depending on the kind of business, however the minimum
capital requirement will not be enforced for re-investment.
Minimum capital is defined as the capital of the alien entity in case
of an alien being a juristic person incorporated in Thailand, and in
case of an alien being a juristic person not incorporated in Thailand
or being a natural person, in foreign currency that the alien remitted
into Thailand at the time of starting to do business in Thailand. The
amount of minimum capital and time frame for bringing into Thailand
shall be prescribed by Ministerial Regulation.
The business attached to the Act still has three categories, i.e. List
1, List 2, and List 3, but the business categories have been
substantially changed from those of the Foreign Business Act. Under
this Act, the Foreign Business Board will review the business listed
at least once a year, and present it to the Commerce Minister. The
Commerce Minister, by the recommendation of the Foreign Business
Board, is empowered to issue Ministerial Regulations. Significantly,
the Ministerial Regulations of service businesses must absolutely be
considered by the Foreign Business Board. Aliens also can do business
with respect to the businesses described in List 2 or List 3, in
accordance with other laws, such as Investment Promotion Act,
Industrial Estate Authority of Thailand Act, etc., and then notify and
procure a Certificate from the Director-General.
Under the new penalty provision, the range of the fine has increased
from baht 30,000 to 500,000 to baht 100,000 to 1,000,000, and
increased imprisonment of no more than three years. The imprisonment
measure serves to settle or decrease any contravention. If any alien
who obtains an Alien Business License under the act (a) jointly does a
business which belongs to another alien not permitted to do a business
under this Act, or (b) does a business of which such other alien is a
co-owner by expressing that such business solely belongs to itself, so
as to allow such other alien to evade or violate the provisions of
this Act, shall be liable to imprisonment for a term not exceeding
three years or to a fine from baht 100,000 to baht 1,000,000, or both,
and the cessation of such business or such joint business upon court
order.
Aliens that engage in regulated businesses by permission of the Thai
Government for a definite duration, or under protection of a treaty to
which Thailand is a signatory or abides by the obligations thereof,
are exempt from certain requirements under the Act, including
permission to engage in the prohibited or restricted businesses and
Thai shareholding and directorship requirements. Such aliens must
first notify and procure a Certificate from the Director-General.
The Act has provided a transition provision. Aliens that have already
been permitted to engage in the business under the Foreign Business
Act are entitled to continue the business operation in accordance with
the conditions and duration of that permission. Aliens that have been
engaging in businesses that are specified in the business categories
of the Act, but were not previously specified in the business
categories of the Foreign Business Act and which intend to continue
such businesses, must notify and procure a Certificate from the
Director-General within one year.
Licenses
A foreigner wishing to engage in any business in Lists Two and Three
must submit an application to the Minister of Commerce for the
operation of the business in List Two and the Director General of the
Commercial Registration Department for List Three.
The Cabinet in the case of List Two businesses and the Director
General in the case of List Three businesses review and make a
decision within 60 days of the application filing date.
The Cabinet may postpone making a decision for another 60 days at
most. Once the Cabinet or the Director General approve the
application, the Ministry of Commerce or the Director General shall
issue a license to the applicant within 15 days of the approval date.
If the Cabinet or the Director General do not approve the List Two
license application, the Minster must give a written notification to
the applicant within 30 days clearly specifying the reason for the
disapproval. Likewise, the Director General in the case of List Three
license applications must do the same, but within 15 days. In the
latter case, the applicant may file an appeal with the Minister, who
is required to respond within 30 days. His decision is final.
Although the licenses have a perpetual life, they will be
automatically invalid when the licensees stop doing the licensed
business. The licenses must be displayed in a prominent place on the
business premises.
The Minister by a recommendation of the Committee may revoke the
licenses or certificates if the licensees or certificate holders:
Do not comply with the conditions the Thai Government, treaties or the
Minister impose on them.
Do not meet the Thai participation ratio requirements.
Fail to maintain the licensee qualification.
Engage in other businesses or assist other foreigners in doing
business with a view to violating the Foreign Business Act.
The Director General will give a warning letter to the violators
ordering them to comply with the conditions within a reasonable time.
If the violation persists, the Director General has the power to
suspend the licenses for a reasonable period, but not exceeding 60
days. The licenses can be revoked if the violation persists after the
initial suspension period ends.
The violators may file an appeal against the suspension or revocation
with the Minister within 30 days of the date on which they receive the
order. The appeal will not stay the enforcement of the order unless
the Minister relaxes the suspension or revocation. The Minister is
required to review the appeal and make a decision within 30 days. His
decision is final.
Panviman
<denni...@home.nl> wrote:
mostly bars:
http://pattayacitythailand.com/property/business.html
pukhet:
http://www.phuketland.com/property-for-sale/index.htm
pattaya:
http://www.pattayamail.com/mailmarket/BusinessOpportunities.shtml
Panviman
Chabon
<denni...@home.nl> wrote:
Hans:
The JB Hotel in Hatyai, Songkhla is looking for an investor with 700
million THB.
If that your price class e-mail me off-line.
Cheers