The Commerce Minister Says the 75% Fall in Nominee Companies Counts New Registrations Only, Not the 119,297 Already on the Register

Thailand's Commerce Ministry Separates a Falling Headline From a Growing Enforcement Pool #

What Did the Minister Actually Say on 30 August? #

• What Does the 75% Figure Actually Measure?
• What Counts as a "Nominee-Risk" Company, and What Does the Accumulated Total Show?
• Where Is Enforcement Actually Pointed?
• What This Means If You're Already in a High-Risk Property-Owning Company
• The Better-than-Freehold™ Solution
• FAQ Section
• Related Terms
• Expert Guidance

What Does the 75% Figure Actually Measure? #

The comparison covers three weeks, not the whole of Thailand. Between 1 and 20 August 2026, the DBD recorded 141 newly registered nominee-risk companies against 561 a year earlier, a fall of 420 that Suphajee rounded to "nearly 75%."¹

Real, but a narrow slice; Thairath's 24 August write-up of the 90-day briefing had run the same fall without her qualifier.³

A second series exists: from 1 January to 31 May the group fell 65.22%, 2,102 to 731.² Different period, different base, different percentage.

What Counts as a "Nominee-Risk" Company, and What Does the Accumulated Total Show? #

The label describes a shareholding pattern, not a verdict. The Department of Business Development defines a nominee-risk entity as one with foreign shareholding of 0.01% to 49.99%, a band drawn for closer review, not a finding of illegality.² Minority foreign shareholding is common and lawful.

The stock tells a different story from the flow. As at 21 June 2026, 119,297 companies sat within that band, against a total register of 1,002,685 entities.² The band has built for decades, from 523 in 1998 to 11,746 in 2025.² A gateway closing in August only slows how fast that total grows, and the same population anchors duties under the Anti-Money Laundering Act.

Where Is Enforcement Actually Pointed? #

The ministry has already sent the existing stock somewhere. Of the companies inside the screening category, 17,556 have gone to the Land Department for property-holding checks and 14,800 to the Revenue Department for tax audit, drawn from the accumulated pool, not August's filings.²

Field inspections between October 2025 and June 2026 covered 35 areas across 11 provinces, naming villas, construction, brokerage, tourism and law offices as target sectors.² Phuket and Surat Thani, growth provinces in our property market analysis, sit under the heaviest inspection too.

The minister also told Posttoday that over 50,000 high-risk records have gone to partner agencies for retrospective checks.¹

What This Means If You're Already in a High-Risk Property-Owning Company #

A falling registration count changes nothing about your position. If your company already sits inside the screening category, you are counted in the pool of 119,297, not the new-registration series the 75% describes; the referral figures describe where you stand.²

That is the pattern behind every high-risk property-owning company. The Foreign Business Act's nominee offence, Section 36, reaches the Thai nominee and foreign beneficiary alike: up to three years and THB 100,000 to 1,000,000, courts able to order the shareholding to cease; the Land Department can force disposal separately. Directors carry exposure under AMLA section 60, one to ten years plus THB 20,000 to 200,000.

Divestment runs eight to sixteen weeks, shortening to under four as Better-than-Freehold™ grows. Waiting is not a strategy.

The Better-than-Freehold™ Solution #

Anyone forming a company today meets the same checks behind this month's figures; the choice sits earlier than most buyers assume.

Compliance comes first. Thailand Investor Network, a 100% Thai-owned property holding and management company, holds legal title directly; no foreign shareholder appears for the screening band to catch.

Security follows. SPH Trustees, a Labuan FSA-regulated trust company, holds the lease and option rights through four registered instruments, enforced by Clear Blue Security Agents (CBSA) without court dependency.

The benefits complete the picture: financing to 50% LTV (expected Q1 2027), resale by assignment of trust interest, and succession without Thai probate.

FAQ Section #

Related Terms #

• Nominee Company Risks in Thailand - the enforcement pattern behind every referral figure above
• Foreign Business Act Thailand - the statute reaching nominee shareholders and foreign beneficiaries alike
• Thailand Property Market Analysis - how the crackdown is reshaping supply in the provinces named above
• Anti-Money Laundering Act Thailand - the reporting duties that feed the ministry's screening data

Expert Guidance #

Immediate Action Required #

Don't read the 75% as scrutiny easing. Check your shareholding against the 0.01% to 49.99% band; if it's inside, the referral figures apply to you. Contact the Better-than-Freehold™ advisory team for a confidential compliance assessment.

Long-term Security Strategy #

The stock of 119,297 keeps working through referrals for months. A structure with no foreign shareholder to screen doesn't need to track either number.

Conclusion #

The 75% is real, and also the smallest number in this story. The larger one, 119,297, is where enforcement actually works. A minister who corrects her own headline is worth listening to.

References #

This article is provided for general information only and does not constitute legal, tax, or investment advice. Laws and enforcement practices change; obtain advice tailored to your situation before acting.