Buying Phuket Property Through a Thai Company in 2026: Check Shareholder Funding

Short answer: do not treat a Thai company name on a title as proof that a foreign buyer has a lawful or secure ownership route. For a company linked to a property, have independent Thai counsel review the shareholder register, capital contributions and source documents, director powers, accounts, filings and the exact title/contract chain. Department of Business Development (DBD) instructions introduced in 2026 require additional shareholder funding evidence or declarations in certain foreign-linked company registration filings; that process is not a property-level legal opinion.

What changed in 2026?

DBD says its registrar instructions effective from 1 January 2026 require bank statements from Thai shareholders in specified new-company filings where the profile includes foreign shareholding below 50% or a foreign authorized director. A further DBD order dated 16 March 2026 addresses registration amendments that add a foreign partner or authorized director and requires a certification concerning genuine investment by the partners/shareholders and nominee assistance. Read the official DBD notice for the scope and current wording.

These are filing checks. They do not show that a particular company owns a particular Phuket parcel, that all capital was genuinely contributed, that the business may conduct a proposed activity, or that a foreign buyer can safely acquire its shares. Nor should a reader infer that a company is unlawful merely because it has foreign shareholders. The facts, company activity, ownership and control matter.

What should a buyer request?

Ask an independent lawyer to reconcile the current company affidavit and shareholder list with evidence of paid-up capital and funding, meeting resolutions, director authority, annual filings/accounts, material liabilities, tax status, contracts and the exact land title and registered encumbrances. Identify what is being sold: the property, company shares, a lease or another right. Trace who signs, who receives funds and what Land Office registration will actually occur. Get written advice about the proposed structure before paying a non-refundable deposit.

For the physical asset, start with title and property due diligence, compare relevant Phuket districts, and view verified developer projects where relevant. Phuket Stay Pro can help shortlist the property and coordinate evidence gathering; begin with buying support. Independent legal advice is essential for a company or land structure.

Fact-check flags: DBD procedures can change and apply to defined registration filings, not as a blanket rule for every property deal. Company status, true funding, control, landholding, permits and foreign-business restrictions require current document review by Thai professionals. This guide does not validate or recommend nominee arrangements and makes no conclusion about a specific company or title.