Officials Say Foreign Buyers on Samui Are Switching From Company Ownership to 30-Year Leases, and Name Lawyers and Accountants as the Next Target

Samui's Nominee Crackdown Turns From Companies to the Adviser's Desk #

What Happened at the Phase 7 Closing Conference? #

• What Did Officials Say, and What Actually Separates a Lease From a Cover?
• What Did the Screening Find?
• Why Are Lawyers and Accountants Now Under Notice?
• What Does This Mean for Existing Owners?
• The Better-than-Freehold™ Solution
• FAQ Section
• Related Terms
• Expert Guidance

What Did Officials Say, and What Actually Separates a Lease From a Cover? #

Foreign-controlled companies are moving from buying land into 30-year leases instead, Polapee Suwunchwee told the conference, a way to dodge liability once the company route grew dangerous.¹² Daily News called it an evolution of the nominee model, not its replacement: multi-layered companies paired with long-term leasing.³

The instrument changed. The intent did not. A lease registered at the Land Office in the foreigner's own name, within the statutory 30-year maximum, at a rent actually paid and declared, is a right the state can already see in full. What officials described is different in kind: leases layered over companies whose shareholding isn't what it appears; in one case aired, rent moved partly in cash and partly from a foreign bank.² Transparency is the only variable this campaign screens for.

What Did the Screening Find? #

The Land Department's screen, disclosed at the conference, found 3,892 companies holding land on Samui: 138 majority foreign-owned, 2,579 with nominee characteristics, against Surat Thani's 25,603 juridical entities overall.² A 90-day verification target applies to the remainder.

The wider register review saw 12,906 Samui companies examined by the Department of Business Development, under the Ministry of Commerce: 8,254 carry foreign shareholders and 875 nominee characteristics.³ The morning raid found 59 companies worth about THB 1.2 billion; by the closing conference, Daily News put it at 61 companies and about THB 1.5 billion.³

Why Are Lawyers and Accountants Now Under Notice? #

Samran Nualma put Thai law firms and accounting practices on notice, warning that the bodies regulating them would be engaged over anyone helping clients structure around the law.¹³ Firms assisting nominee setups would themselves be examined, not only the companies they created.³

It's the first time this campaign has named the advisers, not only the structures, in step with Financial Action Task Force gatekeeper standards. An owner whose adviser called a lease over a high-risk company a fix should treat that advice as now inside the enforcement frame; the adviser's exposure doesn't reduce the owner's own.

What Does This Mean for Existing Owners? #

Papering a lease over a high-risk property-owning company doesn't cure the position; it might now draw attention in its own right. With 3,892 land-holding companies under review and a 90-day target attached, the window for a private decision is closing.

Section 37 of the Foreign Business Act reaches the Thai nominee and foreign beneficiary alike: up to three years plus THB 100,000 to 1,000,000, plus forced disposal by the Land Department and dissolution by the courts. A planned divestment runs eight to sixteen weeks, expected to reduce to under four weeks as Better-than-Freehold™ grows.

The Better-than-Freehold™ Solution #

Compliance comes first. Thailand Investor Network, a 100% Thai-owned property holding and management company, holds legal title and grants a 30-year registered lease in the investor's own name, the transparent instrument this distinction rewards.

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.

Benefits follow: financing to 50% LTV (expected Q1 2027), resale by assignment of trust interest, succession without Thai probate.

FAQ Section #

Related Terms #

• Nominee Company Risks in Thailand - the pattern behind every phase
• Gatekeeper Liability - what "engaging the professional bodies" means
• Lawyer Liability Under AMLA - the exposure Samran Nualma pointed toward
• Foreign Business Act Thailand - the penalty reaching nominee and beneficiary

Expert Guidance #

Immediate Action Required #

Anyone who added a lease over a high-risk company hoping it would draw less attention should assume the opposite. Contact the Better-than-Freehold™ advisory team for a confidential compliance assessment.

Long-term Security Strategy #

A planned divestment sets its own timetable. A forced one, found inside a 90-day window, does not.

Conclusion #

Phase 7 closed with a warning, not just a tally. Foreign buyers are re-papering company control as leases, and the advisers who help them are now named alongside the structures.¹²³ None of that makes a transparent lease suspect; concealment is what this campaign screens for.

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.