Legal structure

Investment Structure for Real Estate Projects in Thailand

A Structure Designed to Protect Investors

To provide investors with a high level of legal and operational security, our projects are structured through a dedicated Swiss Public Limited Company (SA) established specifically for investments in Thailand.

Swiss Company Shareholding Structure

  • Investor: 50%
  • Xano SA: 50%

This partnership ensures balanced governance, transparency, and aligned interests between the investor and Xano SA.

Securing Land Rights

Thai law places certain restrictions on foreign land ownership. For this reason, several legal mechanisms are used to provide long-term protection and security for investors.

Option 1: Registered 30-Year Land Lease

The land is secured through a lease agreement registered with the Thai Land Office.

Key Advantages

  • Registered 30-year lease.
  • Legal right to use and occupy the land.
  • Right to construct buildings.
  • Right to operate a resort or authorized business activities.
  • Right to sell buildings erected on the land.
  • Contractual renewal options.
  • Long-term legal protection of land use.

This structure is commonly used for resorts, villas, restaurants, and tourism-related developments.

Option 2: 90-Year Right of Superficies

The Right of Superficies is one of the most powerful legal instruments available to foreign investors in Thailand.

It allows ownership of buildings and structures constructed on land owned by another party.

Key Advantages

  • Registered Right of Superficies.
  • Full ownership of the buildings.
  • Inheritance rights.
  • Resale rights.
  • Right to operate and generate revenue from the buildings.
  • Contractual renewal provisions.
  • Legal separation between land ownership and building ownership.

This solution is particularly attractive for:

  • Resort developments
  • Hotel projects
  • Villa communities
  • Bungalow resorts
  • Tourism infrastructure

Ownership of Buildings

Even when the Swiss company does not own the underlying land, it retains economic control through ownership of the buildings and business operations.

Project Assets

The following assets are owned by the project:

  • Villas
  • Bungalows
  • Restaurants
  • Reception buildings
  • Swimming pools
  • Common areas
  • Resort infrastructure

These assets are:

✅ Built by the project

✅ Owned by the project

✅ Registered with the Land Office where applicable

✅ Transferable and resalable under the rights granted by law and contract

Building Ownership

100% of the buildings belong to the investment project.

Resort Operating Company Structure

The operating company in Thailand is established in compliance with Thai law.

Shareholding Structure

  • Swiss SA: 49%
  • Thai Partner (Madam): 51%

This structure allows the company to:

  • Operate the resort legally.
  • Employ staff.
  • Obtain required licenses and permits.
  • Manage daily operations.
  • Conduct commercial activities.
  • Invoice customers and generate operating revenue.

Economic Control of the Investment

The objective of this structure is not simply to secure control over land.

The primary objective is to provide investors with long-term economic control over:

  • The buildings.
  • The resort operations.
  • Revenue generated by the project.
  • Future appreciation of the investment.
  • Tourism and hospitality business activities.

Even when the Swiss company does not own 100% of the land, it maintains effective economic control through:

  • Registered lease agreements or superficies rights.
  • Ownership of all buildings and infrastructure.
  • Contractual resale rights.
  • Renewal rights.
  • Shareholding participation in the operating company.

A Long-Term Investment Strategy

This structure has been designed to enable international investors to participate in tourism and hospitality developments in Thailand while benefiting from a transparent, secure, and commercially viable framework adapted to local regulations.

Each project is supported by comprehensive contractual documentation and may be independently reviewed by the investor's legal, financial, and tax advisors before any investment decision is made.

Important Notice

The information provided on this page is for informational purposes only and does not constitute legal, tax, or financial advice. Every investment project is unique and should be reviewed by qualified legal, tax, and financial professionals before entering into any agreement or making any investment commitment.