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Points to keep in mind when acquiring security interests in Thailand
For the enforcement of mortgages on land and condominium units, foreigners (including natural and legal persons, referred to as “foreigners” as defined below) must comply with the provisions of relevant legislation, according to the Thai land and Condominium Acts.
Thai land law restricts foreigners from owning land, so foreigners are not allowed to exercise land mortgages by mortgage DC methods. The Condominium Act allows foreigners to mortgage a condominium unit by mortgage DC method providing foreign ownership of the condominium does not exceed 49%.
In relation to the Foreign Business Law, if a foreigner stipulated in the law makes a loan (including the case of becoming a security interest in a mortgage, pledge or business collateral in this regard), the exemption specified by the ministry ordinance is obtained. Unless otherwise, you will need to apply for and obtain an FBL before starting a loan business.