Commercial Registration According to
Commercial Registration Act B.E.2499
People who Have the Duties for Commercial Registration
People who have the duties for commercial registration, are any individual or group of individuals (ordinary partnership) or a juristic person, including the juristic person according to foreign laws, that have branches in Thailand and, as such, conduct the commercial businesses as specified by the Ministry of Commerce.
Businesses that must be Commercially Registered
The Minister of Commerce issues the notification that people who conduct the businesses must conduct commercial registration as follows ;
(1) People who conduct the rice mill businesses and saw factories using the machine.
(2) People who conduct sales businesses of any one kind or several kinds of items with an income of more than 20 Baht per day or such items have total value of 500 Baht or above. (3) Agent who conducts the businesses of any one kind or several kinds of products and such products can be sold for more than 20 Baht per day.
(4) 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 total value of 500 Baht or above in any days.
(5) Persons 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 businesses, and hotel businesses
(6) Sale, rent, manufacturing of CASSETTE TAPES, CD, VDO, DVD or digital VDO for entertainment only.
(7) Sale of jewelry or accessories decorated with jewelry
(8) Trading products or services by electronics via internet systems, internet services, renting the areas for server, being the market for sale of products or services by electronics via the internet system
(9) Internet Cafe service
(10) Karaoke service and service regarding music
(11) Game services
(12) Song 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 are exempted from commercial registration are:
(1) Stall businesses
(2) Businesses for religion or charities.
(3) Juristic Person’s 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 partnerships, ordinary partnerships that are registered as the juristic person according to the Civil and Commercial Code regarding partners and companies, and that submit the form demonstrating the transactions regarding the partnership / company’s business operations to the registrar, except that the limited company, limited partnership, ordinary partnerships registered for the following businesses must conduct 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 services regarding music
(F) Game services
(G) Song booth services
(H) Factories for processing, crafts, handicrafts, 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 that 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 submit for registering the change are as follows :
(1) Liquidate some parts of businesses and / or add some new businesses
(2) Change the business’s name
(3) Relocating the office
(4) Changing the manager
(5) The 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, 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 persons 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 service for commercial registration of persons who conduct the 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 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
- Internet Cafe service
- Karaoke service and services regarding listening to music
- Game services
- Song booth services
- Factories for processing, crafts, handicrafts, retail and wholesale of ivory and products from ivory
2. Pattaya Provincial Administration Organization provides a service for commercial registration of persons who conduct the commercial businesses located in any provinces 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 Persons who Conduct the Businesses
(1) Must submit the request for registration within the specified period.
(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 can be easy to read and may 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 the fine penalty will be no more than 2,000 Baht. In case of not registering, this is a continuous offense and must have the fine for 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 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 have the penalty for no more than 200 Baht. If it is the continuous offense, must have the fine for no more than 20 Baht a day until such businesses perform the accurate action.
(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 the commercial registration certificate is repealed and who still conduct the businesses further shall have the penalty for no more than 10,000 Baht or go to prison for no more than 1 year or both.
Commercial Registration Fee
The request for 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 change of registered transaction, 20 Baht per time
(3) Registration of the business liquidation of 20 Baht
(4) Request for issuance of replacing license of 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.  |