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Real Estate in Thailand: The Thai government is cracking down on land purchases; beware of dormant and nominee companies. --------------------------------------------------------------------------- Since the recent directives of 2025 and 2026, penalties have been harmonized between the Foreign Business Act and the Penal Code. Here is a breakdown of the risks for each party: 1. For the Foreigner (The Beneficial Owner) A foreigner who uses a nominee to circumvent the law risks: Imprisonment: Up to 3 years. Fine: From 100,000 to 1,000,000 THB. Daily fines: If the court orders the cessation of activity or dissolution and the foreigner does not comply, a fine of 10,000 to 50,000 THB per day may be imposed. Administrative sanctions: Deportation and placement on the Immigration blacklist (ban from entering the country). Loss of assets: The court may order the liquidation of the company and the forced sale of the land. 2. For Thai Nominees: The Thai government is conducting a massive public awareness campaign to warn its citizens: "Using a nominee is a crime." Prison sentence: Same as abroad (up to 3 years). Fine: Same (up to 1,000,000 THB). Aggravating circumstances: If the nominee has repeatedly acted for several foreigners, they may be prosecuted under the Anti-Money Laundering Act, which allows for the seizure of their personal assets. 3. For Lawyers and Consulting Firms (Facilitators) This is the major change for 2026. The authorities are targeting "company factories" that manage hundreds of such structures. Criminal Complicity: Lawyers or agents can be prosecuted as co-perpetrators or accomplices in violations of the Foreign Business Act. They face the same prison sentences and fines. Professional Sanctions: For lawyers, a criminal conviction results in lifetime disbarment from the Lawyers Council of Thailand. Liability of Directors: If a law firm has provided a "Thai professional director" (who is there only to sign documents), the director is personally liable. 4. Reclassification as "Money Laundering" This means that the DSI (Director of Security and Intelligence) can freeze bank accounts and seize real estate even before a final judgment, simply based on serious suspicions of fraudulent schemes. ---------------------------------------------------------------------- The information in this video is based on recent DBD Orders (No. 2/2568) and nationwide audit campaigns launched in January 2026 by the Thai authorities. Official Sources (Thai Government) Department of Business Development (DBD): Guidelines and press releases on combating nominee shareholders and the new Regulation No. 2/2568 (effective January 1, 2026) mandating three-month bank verification for Thai shareholders. Website: dbd.go.th Ministry of Commerce (Thailand): Reports on the mass audit of 21,459 companies targeted in 2025/2026 for suspected nominee shareholders. Anti-Money Laundering Office (AMLO): Amendments in 2025 classifying the use of nominee firms as a predicate offense for money laundering. Press and Specialized Media Sources Nation Thailand (2025-2026): "Thai Commerce Ministry Launches Five-Point Crackdown on 'Money Mules' and Nominee Firms" (Nov 2025) and "Commerce Targets 21,459 Companies for Nominee Checks" (Jan 2026). Bangkok Post: Coverage of DSI (Department of Special Investigation) investigations into illegal foreign land ownership in Phuket and Hua Hin. Hua Hin Today (Jan 2026): "Foreign property owners in Hua Hin face scrutiny under nominee crackdown" – Article detailing specific checks in the Prachuap Khiri Khan area. Legal Analysis and Expert Consulting Mahanakorn Partners Group (MPG): Guide to the 2026 DBD Ordinance concerning the verification of registered office addresses and corporate transparency. HLB Thailand / Belaws / Benoit & Partners: Technical articles on the tightening of the Foreign Business Act (FBA), share capital thresholds, and new tax reporting obligations for foreign income (Order No. Paw. 161/2566). Silk Legal: Analysis of penalties related to the Land Code and the risks of forced sale of land held by shell companies.