Practical Notes
Practical questions about investing, building and operating in Thailand.
8 results for your search
01What should a borrower verify before relying on a refinancing payoff and release figure?
Do not treat an internal accounting balance as the amount needed to release the existing lender’s security. Before refinancing, the borrower should obtain a current payoff…
02How should acquisition funding, security release and asset transfer be sequenced at closing?
A financed acquisition should be planned as one connected closing sequence. If the asset is already mortgaged, the buyer may need the new lender’s money to repay the old lender;…
03Can you register a long-term lease over mortgaged land in Thailand?
Yes. An existing mortgage does not by itself prevent registration of a lease. Department of Lands guidance has specifically stated that a land registrar should not refuse a lease…
04Can a new operator take over an existing factory licence, or must it apply again?
Sometimes an existing factory licence can be transferred to the incoming operator. It is not, however, a licence that automatically follows the building. Under Thailand’s Factory…
05Does a lease renewal right protect the tenant if the future rent still has to be agreed?
Not necessarily. A clause saying the tenant “may renew,” has a “right to renew,” or receives first priority can sound stronger than it really is if the parties still have to…
06How should a tenant plan handback when removal and reinstatement take longer than the lease allows?
Treat physical exit as a project that starts before the legal lease end date. A lease can require the tenant to remove equipment, dismantle tenant works, reinstate alterations and…
07Is turnover rent added to base rent, or does it only top up a minimum guarantee?
A revenue-share lease should say this mathematically, not leave the answer to labels such as “minimum rent,” “base rent” or “turnover rent.” Two common structures produce very…
08Can a business let an operator use part of its premises without accidentally creating a lease?
Possibly—but calling the arrangement a “licence,” “operating agreement” or “concession” does not decide its legal character. Under section 537 of the Thai Civil and Commercial…
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