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How do Chinese rent and buy land in Cambodia?

2019-05-10
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Summary:It is well known that if you invest in high-rise apartments in Cambodia, you can have permanent property rights. But in fact, in Dazhaizi Kingdom, you can also have the land generously!

It is well known that if you invest in high-rise apartments in Cambodia, you can have permanent property rights. But in fact, in Dazhaizi Kingdom, you can also have the land generously!

The frist thing to know is:

The Constitution of Canbodia-Article 16 of Chapter VI expressly stipuates that 

" land ownership for investment promption activities belongs only to natural persons holding Cambodian citizenship , or to legal entities holding Cambodian citizens or legal entities directly holding more then 51% equity funds.

To sum up,it is:

Foreifners are nat allowed to buy Cambodian land directly.

How to do it?

Partnership with Cambodians to invest in real estate!

If you swant to invest in real estate in the name of a company, you must establish a "limited liability company "or " private limited company " in partnership wyth Cambodian citizens, and ensure that Cambodian partners hace 51% of the real rights, then you can do any land transfer in the name of the company!

IT's too risky to give 51% to local partners ,isn't it?

All investments are risky. In the purchase of land, the most important thing is to measure for yourself whether your Cambodian partners are worthy of trust and absolute loyalty.

Here are some tips to help you manage your risks:

1、Avoid partnering with only one Cambodian and allocate 51%to more then two Cambodian partners to ensure that your personal property holdings are still the largest.

2、Distribution of shares and regulation of shareholders'rights and interests should not be neglected. Make sure that every shareholder signs and strictly enforces the draft without elaboration. (Remember that in the company sales document, it is emphasized that the foreign shareholders of the company should pay 100% of the cost independently when they purchase land. If they decide to sell real estate, 100% of the sale will be sold to foreigners.)

3、You may also choose to use additional collateral, guarantees and authorization documents to ensure that your control over the company's land or other real estate is legally enforced.

Specific requirements for the establishment of a company? 

To sum up, there are only four points:

1.At least two shareholders and one director are required.

2.Starting capital is at least $1,000.

3.A company name in Cambodian and an enterprise bank accout.

4.Authenticated Real Office Placed.

All of the above can be done in about eight weeks by lookingfor a regular lawyer to act for you.

Specific procedures:

Step1:Spend $10 to the Ministry of Commerce to check if you company's name has been registered.(Usually completed in 5 days.)

Step 2: Choose a trusted bank to deposit $494. (The deposit slip must be kept well)

Step 3: Go to Cambodia Investment Committee and get company registration form and official company seal. (Forms 5 to 15 dollars, seals 15 dollars)

(This step requires two identity cards, two passports of directors and shareholders, two shareholders'and directors' decisions, two photos of shareholders and directors, two memorandums and articles of association, two newspaper publishing applications, two copies of certificates of eligibility, and copies of registration applications.)

Step 4: Select well-known newspapers and periodicals to publish company abstracts.

(Summary should include company name, company form, office address, summary of business objectives, total cash, company duration, memorandum, appendix, articles of association, details of directors or auditors, and company registration location.)

This step will take about seven days to complete the approval and release process.

Step 5: After 30 days of company registration, you need the Ministry of Commerce to set up a company business register. Then it was approved and stamped by Phnom Penh Tax Bureau (about $26)

Step 6: Fill in the forms and documents required by the Entity Tax Bureau and get the formal tax registration.

After all this, you're a company man!

Option: Additional Guarantee Fee:

Guarantee documents: $1,000 per copy

Power of attorney: $500 per copy

Mortgage loan: $1,000

Registered title: $500.

In total, written documents such as company documents and licenses will cost $1,200. If additional guarantees are added, prepare $5000 bills.

  • ---------------------------------- The End ----------------------------------

Disclaimer: The re-forward articles on Compass website are for the purpose of conveying more information, and it does not mean that the Compass website agrees with its views or confirms the authenticity of its content. Article noted as "Source: Compass original", please note that the source from Compass. The content of the article is for reference only and should not consider as investment advice, and it does not mean that Compass agree with its views.

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