Hua Hin buyer answer · Reviewed 26 August 2026
Using Thai shareholders merely as nominees so a foreigner can control land is a serious legal risk. A property-owning Thai company must be a genuine compliant company arrangement, not a disguised way around land-ownership restrictions.
Nominee ownership is not a shortcut
A Thai company should not be created as a nominee arrangement merely to bypass foreign land-ownership restrictions. Any corporate purchase must be a genuine, compliant structure reviewed by a Thai lawyer and accountant.
A genuine company has real shareholders, governance, accounting and tax responsibilities. The buyer should understand the lawful commercial structure rather than merely who appears on paper.
Questions your lawyer should answer in one page
- What exact right will be registered?
- Whose name appears on which document?
- How long does the right last?
- Can it be sold/assigned/inherited?
- What happens if the relationship/company/lease ends?
Do not choose a structure to match a sales slogan
Choose the villa first, then let an independent adviser explain the lawful structures available for that exact land/building and buyer. The commercial attraction of the property should not decide the legal answer.
Keep the legal and tax reviews separate
A structure can be legally possible yet create tax, accounting or estate-planning consequences. Use the appropriate Thai lawyer/accountant and, where relevant, advice in your home country rather than expecting one sales document to answer everything.
How this connects to a current Sivana purchase
Sivana Hills is the current Sivana development with new plots available in Khao Tao, Hua Hin. The current collection is fully furnished three-bedroom private pool villas in four layouts: Type A, Type B, Type C and Type D. Use the question on this page against the exact Sivana plot, villa type, specification and contract rather than assuming the answer is identical for every development or resale.
Related guides and next steps
Frequently asked questions
Why are nominee company structures a serious risk in Thai property?
Using Thai shareholders merely as nominees so a foreigner can control land is a serious legal risk. A property-owning Thai company must be a genuine compliant company arrangement, not a disguised way around land-ownership restrictions.
Should I confirm this again for the exact property?
Yes. Prices, property condition, documents, services and availability can change, so material facts should be checked for the exact villa or transaction.
Should a foreign buyer use independent legal advice?
Yes whenever the question involves land, building ownership, lease terms, company/spouse structures, transfer or the purchase contract.
Can I compare this directly with Sivana Hills?
Yes. Request the current plot, villa type, floor plan, price and inclusion schedule, then apply the checks on this page to that exact property.