The Thai limited company registration service that ThaiLawyers provide often presents many good questions to blog about. One of many very popular questions is whether the foreigner who is setting up a Thai limited company has to sign the application for the Thai company registration in front of the registrar.
We have the answer which is from Clause 6 of the Ministerial Regulations regarding Establishing the Partnership and Company Register Office, Appointing the Registrars and Prescribing Rules and Procedures for Partnership and Limited Company Registration B.E. 2549 (2006) as follows:
Clause 6. In signing an application for registration, the registrant shall sign in person before the Registrar.
Where it is not possible to sign before the Registrar for any reason, the signature on an application for registration shall be deemed proper when the registrant signs in person before any of the following persons:
(1) In case of signing within the Kingdom:
(a) Administrative official or senior police officer stationed in the locality of the registrant’s domicile;
(b) Ordinary member or extraordinary member of the Thai Bar Association; or
(c) Other persons as prescribed and announced by the Central Registrar.
(2) In case of signing abroad:
(a) Authorized officer of the Thai embassy or Thai consul or chief of an office attached to the Ministry of Commerce who is in charge in that country, or an official authorized to act on behalf of that person;
(b) A person who can provide valid certification in the form of the laws of that country; or
(c) Two reliable persons who sign as certification before the Registrar that it is the true signature of that person.
From our experience of Thai limited company registration, if the forms to register a Thai limited company are signed outside Thailand, the registrars at some area branches of Department of Business Development only accept the signed forms that were certified by the Thai embassy or consul in the country where the documents were signed. And the Thai embassy will only certify the documents that have been notarized by the notary public of that country. However, the registrars at some other branches accept the forms signed outside Thailand that have been notarized by the notary public in that country.
Contact ThaiLawyers for Thai company registration services.