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About การจัดหาเงินทุนสำหรับโครงการ Law in Ko Samui, Thailand

Ko Samui is part of Surat Thani Province and hosts many tourism, real estate and infrastructure projects. การจัดหาเงินทุนสำหรับโครงการ or project financing involves securing funds from banks, investors, or government programs to plan, build and operate a project. Legal counsel helps structure transactions, protect rights, manage risk, and ensure compliance with Thai law across title, contracts, and finance documents. This guide focuses on common financing scenarios for Ko Samui projects and the roles lawyers play in navigating local rules.

Project financing in Ko Samui often requires coordinating multiple strands of law, including land ownership restrictions, business licensing, tax, and financing agreements. An experienced Bangkok or Ko Samui based attorney can guide you through due diligence, SPV formation, loan security, and regulatory approvals. The aim is to align investment objectives with lawful, enforceable agreements that work in the Ko Samui and wider Surat Thani context.

Why You May Need a Lawyer

Land acquisition or lease for a project by non Thai owners. Foreigners cannot own land in Thailand, so you may need to form a Thai majority company or negotiate long term lease structures. A lawyer can perform title due diligence at the Department of Lands, draft protective lease terms, and advise on occupancy rights for development in Ko Samui.

Securing construction or project finance from banks or lenders. Financing requires precise loan and security documents, including mortgage registrations, collateral packages, and inter creditor arrangements. A solicitor helps tailor the SPV structure, align security interests with Thai law, and coordinate cross border loan terms with lenders.

Applying for investment incentives or PPP opportunities. Large Ko Samui projects may seek government incentives or PPP arrangements. A legal advisor can assess eligibility, prepare tender materials, and negotiate concession contracts under Thai PPP rules.

Compliance with foreign business restrictions and corporate structuring. The Foreign Business Act imposes restrictions on certain activities for non Thai entities. A lawyer can design an ownership and governance structure that complies while enabling efficient decision making for a Ko Samui project.

Tax planning and regulatory compliance for ongoing operation. Changes in property tax and business taxes affect returns. A lawyer can coordinate with tax advisors to optimize structure, reporting, and transfer pricing where relevant to Ko Samui operations.

Local Laws Overview

Land Code B.E. 2497 (1954) - การครอบครองที่ดินโดยชาวต่างชาติ

The Land Code restricts land ownership by foreigners. In practice, developers in Ko Samui often use Thai majority ownership structures or long term land leases to proceed with projects. The rule affects how you acquire property for hotels, resorts or infrastructure works on the island. It also influences security interests and mortgage arrangements tied to land titles.

Recent focus has been on ensuring lease terms and land use rights are clearly documented to withstand regulatory and lender scrutiny. For title due diligence, consult the official legal texts and government sources cited below.

Source: Official Thai law texts and amendments published in the Government Gazette regarding land ownership restrictions for foreigners under the Land Code.

Foreign Business Act B.E. 2542 (1999) - ข้อจำกัดในการประกอบธุรกิจสำหรับชาวต่างชาติ

The Foreign Business Act restricts foreign participation in certain business sectors, with a standard list ofactivities that may require special permissions or Thai ownership structures. For Ko Samui projects in tourism, real estate development, or services, the Act informs how you may structure operation and ownership to stay compliant while pursuing financing.

Practical implications include ensuring clear boundaries between activities reserved for Thai nationals and those allowed for foreigners under approvals or licensing regimes.

Source: Official law texts and updates to the Foreign Business Act and related regulations.

Public-Private Partnership Act B.E. 2562 (2019) - แนวทางการร่วมทุนรัฐเอกชน

The Public-Private Partnership Act provides a framework for government-backed or government-assisted projects, including procurement, risk sharing, and contract templates. Ko Samui with potential infrastructure or large-scale hospitality developments may pursue PPP arrangements to leverage public support and risk sharing.

Implementation and tender processes are guided by the Public-Private Partnership Office and relevant ministries, with public procurement rules applying to eligible projects.

Source: Public-Private Partnership Office under the Ministry of Finance outlining how PPP projects are structured and tendered.

Recent changes and trends impacting Ko Samui include the push to formalize PPP processes and the phased roll-out of based tax and property regimes. The government continues to refine land and business regulations to encourage responsible development while protecting foreign investor interests within Thai law.

Frequently Asked Questions

What is project financing in Ko Samui?

Project financing is funding for a specific project rather than general corporate funding. It relies on the project’s cash flows and assets as collateral rather than the overall balance sheet of sponsors.

How do I start securing a loan for a Ko Samui project?

Start with a clear project plan, identify lenders with local knowledge, and prepare a Thai SPV structure. Engage a lawyer to draft term sheets and review security packages.

What is required to lease land for a project as a foreign investor?

You typically need a Thai partner or a Thai majority ownership structure, robust lease documents, and long term lease agreements with clear renewal terms.

Do I need a Thai partner to own property in Ko Samui?

Foreigners cannot own land, so a Thai partner or Thai majority company is usually required for land ownership. Condominiums offer another path with restrictions on foreign ownership quotas.

How long does it take to obtain incentives or approvals for a Ko Samui project?

Incentives or PPP approvals can take several months depending on project scale and government processes. Expect 3-9 months for initial assessments and tender steps.

What is the difference between a bank loan and a project bond for financing?

A bank loan relies on borrower credit and collateral while a project bond may raise capital from investors based on project cash flows and risk profile. Both require robust security and compliance.

How much can I borrow for a Ko Samui project?

Borrowing limits depend on project cash flows, collateral, and lender policy. Banks typically assess loan-to-value ratios and debt service coverage ratios before approval.

What is the timeline for PPP procurement in a Ko Samui project?

Timeline varies with project type and government agency involvement. Typical steps include prequalification, bid submissions, evaluation, and contract signing, spanning several months.

Do I need to register a special purpose vehicle for financing?

Many Ko Samui projects use an SPV to isolate project risk and simplify financing. A lawyer can draft SPV formation documents and govern governance and ownership.

Is it possible to use international lenders for project finance in Ko Samui?

Yes, but you must comply with Thai regulatory and foreign ownership rules. Lenders may require Thai governance structures and local security interests.

Should I hire a local lawyer to handle land due diligence?

Yes. A local lawyer familiar with Ko Samui land titles, the Department of Lands process, and local administrative practices reduces risk and speeds up closing.

How do I enforce a security interest on Thai land?

Enforcement typically involves registering a mortgage against the land title and may require court action in Thailand for seizure or sale of collateral.

Additional Resources

• Board of Investment (BOI) - boi.go.th - Provides investment promotion and incentives for eligible projects, guidance on eligibility, and access to licenses related to investment in Thailand.
• Department of Lands - dld.go.th - Oversees land title registration and land related services essential for due diligence, ownership verification, and mortgage registration in Ko Samui projects.
• Public-Private Partnership Office - ppp.mof.go.th - Offers information on PPP frameworks, procurement steps, and regulatory guidance for government assisted projects in Thailand.

Note: Official texts and amendments for land, foreign business, and government procurement are published by the Thai Government via Krisdika and related ministries.

Next Steps

1. Define the project structure and ownership model for Ko Samui, including whether you will use Thai entities or SPVs. Timeline: 1-2 weeks.
2. Engage a Ko Samui based attorney experienced in land, corporate, and finance law to review title, leases, and security arrangements. Timeline: 1-3 weeks.
3. Conduct due diligence on land, permits, licenses, and regulatory eligibility for incentives or PPP options. Timeline: 2-6 weeks.
4. Prepare a detailed financing plan with a draft term sheet and identify potential lenders or incentive programs (BOI or PPP). Timeline: 2-4 weeks.
5. Structure the financing and finalize loan and security documents, including mortgages, share pledges, and covenants. Timeline: 4-8 weeks.
6. Submit necessary applications for incentives or PPP approvals, and commence tender or concession processes if applicable. Timeline: 3-9 months depending on program.
7. Execute agreements, register titles and securities with the Department of Lands and relevant agencies, and begin project implementation. Timeline: 1-3 months after signing.