Compliance with Thai Law: Risks for Lawyers and Clients
As a lawyer, your role in guiding clients through the complexities of Thai property law is critical. The Better-than-Freehold™ (BtF) method offers a fully compliant, innovative solution for foreign property ownership in Thailand.
The BtF Method: A Legally Sound Alternative
By adopting the BtF model, you can protect both your clients and yourself from the severe legal risks associated with nominee structures. This method ensures compliance with AMLA 2025 and other Thai regulations, safeguarding your professional reputation and your clients' investments.
✅ Protect Your Clients
Provide a legally compliant solution that ensures their investments are secure and enforceable under Thai law.
Protect Yourself
Avoid personal liability and professional risks by steering clear of illegal nominee arrangements.
🏆 Enhance Reputation
Position yourself as a trusted advisor who prioritises compliance and innovative solutions.
Legal Ramifications for Lawyers
Under AMLA 2025 and related laws, lawyers who assist, facilitate, or fail to report illegal nominee arrangements face personal liability. The Thai government has implemented strict enforcement mechanisms to hold legal professionals accountable for their role in non-compliant practises.
1. Criminal Prosecution
Lawyers who establish or assist in nominee structures can be prosecuted under Thai law. This includes drafting agreements, setting up companies, or providing advice that enables illegal arrangements.
Penalties include imprisonment of up to 10 years and fines of up to 10 million baht, the same as those faced by clients.
2. Licence Revocation
Legal professionals found complicit in nominee arrangements risk losing their licence to practise law. This can permanently damage their career and professional standing.
3. Personal Liability for Fines
Lawyers may be held personally liable for fines imposed on their clients if they are found to have facilitated or failed to report illegal structures. This creates a significant financial risk for legal professionals.
4. Reputational Damage
Being implicated in nominee-related offenses can severely harm a lawyer's reputation, both domestically and internationally. This can lead to loss of clients, partnerships, and future opportunities.
5. Whistleblower Risks
The AMLA 2025 incentivizes whistleblowers by offering 10% of seized assets to informants. This increases the likelihood of detection and prosecution, even for lawyers who believe their involvement is discreet.
Legal Ramifications for Clients
Your clients also face severe consequences for engaging in nominee arrangements:
Imprisonment
Up to 10 years for violating Thai property laws
Fines
Up to 10 million baht for non-compliance
Asset Seizure
Immediate freezing or confiscation of assets without a court order
Blacklisting
Restrictions on future business and residency in Thailand
Why Lawyers Must Prioritize Compliance
The Thai government's zero-tolerance policy towards nominee structures places lawyers under intense scrutiny. Gatekeeper liability under AMLA 2025 creates personal exposure for failure to identify, investigate, and inform. Failing to act exposes you to the same penalties as your clients, including imprisonment, fines, and professional sanctions.
Protect Yourself
Avoid personal liability and professional risks by steering clear of illegal nominee arrangements.
Safeguard Your Clients
Provide a legally compliant solution that ensures their investments are secure and enforceable under Thai law.
Enhance Your Reputation
Position yourself as a trusted advisor who prioritises compliance and innovative solutions.
The BtF Method: A Risk-Free Solution
The BtF model eliminates the need for nominee structures by offering a transparent, legally compliant ownership framework. It aligns with Thai regulations, including the AMLA 2025, and provides a secure alternative for foreign investors. By adopting the BtF method, you can confidently guide your clients while protecting your own professional integrity.
✅ For You as a Lawyer
- •No personal liability risks
- •Protected professional reputation
- •Compliance with all Thai laws
- •Enhanced client trust
✅ For Your Clients
- •Legally secure property ownership
- •No risk of asset seizure
- •Enforceable investment rights
- •Long-term investment security
Frequently Asked Questions
Get answers to the most common questions about compliance with Thai law for lawyers
1. What are the risks for lawyers involved in nominee arrangements?
Lawyers who assist or fail to report illegal nominee arrangements face severe consequences under AMLA 2025, including:
- • Criminal Prosecution: Up to 10 years of imprisonment and fines of up to 10 million baht
- • License Revocation: Permanent loss of the right to practice law
- • Personal Liability for Fines: Lawyers may be held financially responsible for fines imposed on their clients
- • Reputational Damage: Involvement in nominee-related offenses can harm a lawyer's professional standing, leading to loss of clients and partnerships
- • Whistleblower Risks: AMLA 2025 incentivises whistleblowers with 10% of seized assets, increasing the likelihood of detection and prosecution
2. How does the BtF method protect lawyers from legal and professional risks?
The BtF method offers a fully compliant, transparent alternative to nominee structures, ensuring lawyers:
- • Avoid personal liability and criminal prosecution
- • Maintain their professional reputation by adhering to Thai laws
- • Provide clients with a secure, enforceable, and legally sound property ownership solution
- • Position themselves as trusted advisors who prioritise compliance and innovative solutions
3. What are the legal ramifications for clients engaging in nominee arrangements?
Clients involved in nominee structures face significant penalties, including:
- • Imprisonment: Up to 10 years for violating Thai property laws
- • Fines: Up to 10 million baht for non-compliance
- • Asset Seizure: Immediate freezing or confiscation of assets without a court order
- • Blacklisting: Restrictions on future business and residency in Thailand
4. Why is the BtF method the ideal solution for lawyers and their clients?
The BtF method eliminates the risks associated with nominee structures by providing a legally compliant framework that aligns with Thai regulations, including AMLA 2025. Benefits include:
For Lawyers:
- • No personal liability risks
- • Protection of professional reputation
- • Compliance with all Thai laws
- • Enhanced client trust
For Clients:
- • Legally secure property ownership
- • No risk of asset seizure
- • Enforceable investment rights
- • Long-term investment security
Are you ready to provide your clients with a legally compliant and future-proofed solution for Thai property investment?
The Better-than-Freehold™ (BtF) structure is the answer.