Contact us for your free initial consultation  Commercial Registration According to Commercial Registration Act B.E.2499 People who Have Commercial Registration Duties People who have duties for commercial registration are any individuals or group of individuals (ordinary partnership) or juristic person, including the juristic person according to foreign laws that have branches in Thailand and such above mentioned conducts the commercial businesses as specified by the Ministry of Commerce. Businesses that must conduct Commercial Registration The Minister of Commerce issues the notification that people who conduct businesses must conduct commercial registration as follows: (1) People who used saw machines in the rice mill businesses (2) People who conduct sales businesses of any one kind or several kinds of items with the income of more than 20 Baht per day or such items which have a total value of 500 Baht or above (3) Agents who conducts businesse sales of any one kind or several kinds of products and such products can be sold for more than 20 Baht per day (4) People who conduct any one kind or several kinds of handicraft or industrial businesses and can sell the products for more than 20 Baht per day or such items have a total value of 500 Baht or above on any day (5) People who conduct marine, transportation businesses via steam launch, or, motor launch , transportation businesses via rail or tram, transportation via bus, sale by auction, land trading, lending, foreign exchange, note trading, banking, gambling, pawn broker businesses, and hotel businesses (6) Sale, rent, manufacturing of CASSETTE TAPES, CD, VDO, DVD or digital VDO entertainment only (7) Sale of jewelry or accessories decorated with jewelry (8) Trading electronics the products or services via internet system, internet service, renting the areas for server (9) Internet Cafe service (10) Karaoke service and all services related to listening to music (11) Game service (12) Music booth services (13) Factory for processing, craft, handicraft, retail and wholesale of ivory and products from ivory Businesses under the Exemption of Commercial Registration Some commercial businesses that are exempted from commercial registration are:- (1) Stall businesses (2) Businesses for religion or charities. (3) Juristic Person businesses established by Act or Royal Decree (4) Businesses of any Ministries / Sub-Ministries / Departments (5) Businesses of any foundation / association / cooperative (6) Commercial businesses that the Minister notifies in the Royal Gazette as follows : (6.1) Company limited, limited partnership, ordinary partnership that are registered as the juristic person according to the Civil and Commercial Code regarding partners and company,must submit a form demonstrating the transactions regarding the partnership/company’s business operations to the registrar,except the company limited, limited partnership,ordinary partnership registered for the following businesses must use the commercial registration: (A) Sale, rent, manufacturing of CASSETTE TAPES, CD, VDO, DVD or digital VDO for entertainment only (B) Sale of jewelry or accessories decorated with jewelry (C) Trading the products or services by electronics via internet system, internet service, renting the areas for server, being the market for sale of products or services by electronics via internet system (D) Internet Cafe service E) Karaoke service and with regard to listening to music (F) Game service (G) Music booth service (H) Factory for processing, craft, handicraft, retail and wholesale of ivory and products from ivory (6.2) Commercial businesses of the group of agriculturist registered according to Notification of the Revolutionary No.141 on 1 May B.E.2515 Registration for Changing or Liquidating the Businesses In case there are any changes of the transaction that has been registered or the businesses are liquidated, the person who conducts the businesses must submit the request for changing or liquidating the businesses: Transactions that must be submited for registering the change are as follows : (1) Liquidat ation of some parts of businesses and / or add ition of some new businesses (2) Changing the business’s name (3) Relocating the office (4) Changing the manager (5) Owner or manager relocates (6) Increase or decrease of capital (7) Transfer/ liquidate or increase the branch, warehouse or agent (8) Others such as the owner or manager changes the name or surname,or transactions registered,are not in compliance with the fact |  Location of Registration 1. Department of Business Development Central Business Registration Division / Office of Business Registration Service 1 -7 provides the service for commercial registration of people who conduct commercial businesses as specified by the Minister for the duties of the Department of Business Development located in Bangkok Provincial Business Development Office provides the service for commercial registration of people who conduct commercial businesses as specified by the Minister for the duties of the Department of Business Development located in any provinces Commercial businesses that the Minister notifies as the Duties of the Department of Business Development with the following details: - Sale, rent, manufacturing of CD, VDO, DVD or digital VDO for entertainment only - Sale of jewelry or accessories decorated with jewelry - Trading the products or services electronics via internet system, internet service, renting the areas for server. - Internet Cafe service - Karaoke service and listening to music - Game service - Music booth service - Factory for processing, craft, handicraft, retail and wholesale of ivory and products from ivory 2. Pattaya Provincial Administration Organization provides service for commercial registration of people who conduct commercial businesses located in any province or in Pattaya as specified by the Minister for the duties of the Department of Business Development. Period of Time for Commercial Registration - The registration of new commercial businesses must be within 30 days from the starting date of business - The change of registered transactions according to (1) must be within 30 days from the changing date - The liquidation of businesses must be within 30 days from the liquidation date - The loss of commercial registration certificate must submit the request for replacement within 30 days from the date of loss Duties of People who Conduct Businesses (1) Must submit the request for registration within the specified period, depending on the case (2) Must demonstrate the commercial registration certificate or the replacement at the office in any public place (3) Must provide the sign of the business’s name in front of the head office and branches in public place within 30 days from the commercial registration date / The sign must be in Thai letters and be easy to read and can have foreign letters in the sign, and must be in compliance with the registered name. If it is the branch, must have the word “branch” in the name. (4) Must offer the fact regarding the registration transaction according to the registrar’s order Must facilitate the registrar and officers for auditing the office of the person who conducts the businesses. Penalties (1) Conducting the business without registering, demonstrating false transactions, not giving statement, and not accepting the officers to audit the office shall be fined no more than 2,000 Baht. In case of not registering, this is a continuous offense and must be fined no more than 100 Baht a day until such businesses perform the action according to the Act. (2) If the commercial registration certificate is lost, and they do not submit the request for the replacement or do not demonstrate the commercial registration certificate in any public place, do not prepare the sign shall be fined no more than 200 Baht.Continuous offences, must be fined for no more than 20 Baht a day until such businesses perform the action accurately. (3) The entrepreneurs who perform deceitful actions to wards the people, mix the product with dishonest intention, counterfeit the products, or perform other serious dishonest actions, the commercial registration certificate shall be repealed. When the commercial registration certificate is repealed, they cannot conduct the businesses further, except the Minister of Commerce orders to register the commercial businesses again. (4) The entrepreneurs whose commercial registration certificate is repealed and who still conduct the businesses further shall be fined for no more than 10,000 Baht or to imprisoned for one year or both Commercial Registration Fee The request be performing according to the Commercial Registration Act shall pay the fee according to the type as follows : (1) New commercial registration of 50 Baht (2) Registration for the changing of registered action,20 Baht per time (3) Registration of the business liquidation,20 Baht (4) Request for issuance of replacing license, 30 Baht per copy (5) Request for verifying the documents of person who conducts commercial businesses,20 Baht per time (6) Request for the officer to copy and certify the copy of document,30 Baht per copy. Contact us for your free initial consultation |