rabbit_ear wrote: ↑Sat Apr 03, 2021 3:13 pm From other threads I understand that it used to be legal for foreigners to buy soft-title, but they changed that and it’s not possible anymore. So my question, is that really so and is there any way around this, that doesn’t involve wives or girlfriends?

Nominee Structure

The majority of properties purchased by foreigners in Cambodia use what’s known as a “nominee structure”. At IPS Cambodia, approximately 90% of all our foreign clients choose this structure as it’s cheap, secure and fast, especially when compared to alternative options such as a LHC. Often we have clients who have a Khmer partner or colleague who they put forward as a nominee, however if they don’t, there are a range of options available to source a nominee for the property for the duration of your ownership. Having a nominee hold a property in their name on behalf of a foreigner definitely carries some risk which is why IPS highly recommend using “nominee security agreements” in order to mitigate the risk of having your property held in a third party’s name. These security agreements are directly between the foreign buyer and the nominee and as a general rule, there are 4 types of security agreements available:

Mortgage Agreement
Loan Agreement
Lease Agreement
Security Agreement

The mortgage agreement is registered at the applicable government office and prevents any title transfer without your permission. Once these documents are in place the nominee can’t sell, transfer, move or do anything with the title without your expressed permission. When set up properly, this structure is a very strong and inexpensive form of property security for foreign owners. Another benefit of using a nominee structure is that there are no requirements for monthly/quarterly tax statements and more importantly, this structure does not attract any profit taxes.

Strawberryshake wrote: ↑Sat Apr 03, 2021 3:48 pm including a inserted given fine amount of 500,000 usd in case owner doesn’t grant u the 25 years extension after the first 50 years.

truffledog wrote: ↑Sat Apr 03, 2021 5:30 pm

Strawberryshake wrote: ↑Sat Apr 03, 2021 3:48 pm including a inserted given fine amount of 500,000 usd in case owner doesn’t grant u the 25 years extension after the first 50 years.

Sure most landlords are going to sign such a condition

timmydownawell wrote: ↑Sat Apr 03, 2021 4:01 pm

rabbit_ear wrote: ↑Sat Apr 03, 2021 3:13 pm From other threads I understand that it used to be legal for foreigners to buy soft-title, but they changed that and it’s not possible anymore. So my question, is that really so and is there any way around this, that doesn’t involve wives or girlfriends?

courtesy of an agent website:

Nominee Structure

The majority of properties purchased by foreigners in Cambodia use what’s known as a “nominee structure”. At IPS Cambodia, approximately 90% of all our foreign clients choose this structure as it’s cheap, secure and fast, especially when compared to alternative options such as a LHC. Often we have clients who have a Khmer partner or colleague who they put forward as a nominee, however if they don’t, there are a range of options available to source a nominee for the property for the duration of your ownership. Having a nominee hold a property in their name on behalf of a foreigner definitely carries some risk which is why IPS highly recommend using “nominee security agreements” in order to mitigate the risk of having your property held in a third party’s name. These security agreements are directly between the foreign buyer and the nominee and as a general rule, there are 4 types of security agreements available:

Mortgage Agreement
Loan Agreement
Lease Agreement
Security Agreement

The mortgage agreement is registered at the applicable government office and prevents any title transfer without your permission. Once these documents are in place the nominee can’t sell, transfer, move or do anything with the title without your expressed permission. When set up properly, this structure is a very strong and inexpensive form of property security for foreign owners. Another benefit of using a nominee structure is that there are no requirements for monthly/quarterly tax statements and more importantly, this structure does not attract any profit taxes.

rabbit_ear wrote: ↑Sat Apr 03, 2021 3:13 pm Hi everyone, I’ve been reading CEO for a while, but never posting.

I have a question. I would like to buy the apartment I’ve been living in for a few years, but it’s a soft-title situation. It’s in downtown PP near the royal palace.

From other threads I understand that it used to be legal for foreigners to buy soft-title, but they changed that and it’s not possible anymore. So my question, is that really so and is there any way around this, that doesn’t involve wives or girlfriends?

I’m thinking if it is still legal for foreigners to own soft-title (if purchased before the change in the law) then there might potentially be a back door somewhere. I would be grateful for any info and ideas.