Chapter 9
Determination of Land Rights of Particular Types of Juristic Persons
 

Section 97. The following juristic persons shall be entitled to the same rights as the foreigners.

(1)⁶⁵ Limited companies or the public limited companies with registered shares held by foreigners more than forty nine percent of the registered capital or those in which foreign shareholders account for more than half of the total number of shareholders, as the case may be. For the purpose of this Chapter, any share certificate to bearer issued by the limited company shall be deemed as it is held by the foreigner.

(2)⁶⁶ Registered limited partnerships or the registered ordinary partnerships in which the foreigners invest their capital through shareholding greater than forty nine percent of the total capital or those in which foreign shareholders account for more than half of the total number of shareholders, as the case may be.

(3) Associations including the co-operatives in which the foreign members exceed one-half of the total number of members or those which operate particularly or mainly for the benefit of foreigners.

(4) Foundations with objectives focusing particularly or mainly on the benefit of foreigners.

(5)⁶⁷ (Repealed)

Section 98.⁶⁸ In a case where any juristic person as provided in Section 97 holds shares of or invest the capital through shareholding in other juristic person as implied under Section 97, such juristic person shall be deemed as a foreigner.

Section 99.⁶⁹ In case of the acquisition or disposal of land rights by the juristic persons under Section 97 or Section 98, the provisions of Section 8 shall apply mutatis mutandis and such juristic persons shall bear the same duties and liabilities as imposed upon other foreigners and ordinary people.

Section 100. In a case where the nature of any juristic person who has acquired the land at the time when its condition is not under the provisions of Section 97 and Section 98 is subsequently subject to the provisions thereof, the provisions of Section 95 shall apply mutatis mutandis.

Chapter 10
Trade in Land⁷⁰

Section 101. (Repealed)

Section 102. (Repealed)

Chapter 11
Fee

Section 103.⁷¹ In issuing the document of land rights, conducting survey, registering rights and juristic acts, or carrying out any activity in connection with the immovable property, the fees and other expenses shall be levied as prescribed in the Ministerial Regulations but shall not exceed the rates provided in the Schedule annexed to this Code.

In case of issuance of the Title Deed or the Utilization Certificate under Section 58, only the following fees shall be levied: fee for Title Deed issuance, fee for Utilization Certificate issuance, fee of land mark, and, if any, Power of Attorney fee, as the case may be. The land rights holder may obtain the Title Deed or the Utilization Certificate albeit the fee is not paid at the time and the competent officials shall record such amount of fee due to be paid in the Title Deed or the Utilization Certificate. In a case where the application for registration of rights and juristic acts is filed for the first time, the applicant shall be liable to pay such amount of outstanding fee unpaid.⁷²

In the issuance of the Title Deed under Section 58 ter., the fees and other expenses shall be exempted.⁷³

Section 103 bis.⁷⁴ The fee for registration of rights and juristic acts in connection with any immovable property donated for official use shall be exempted.

Section 104.⁷⁵ In case of filing for the registration of rights and juristic acts related to the transfer of ownership or tenancy or immovable property, the applicant shall pay the registration fee based on the appraisal capital value under Section 105 quinque.

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65. Section 97(1) has been amended by the Act Amending the Land Code (No. 6), B.E. 2535 (1992).