Forming a Company –
To set up a limited company in Thailand, the following procedures should be followed:
A. Corporate Name Reservation
The name to be reserved must not be the same or close to that of other companies. Certain names are not allowed and therefore the name reservation guidelines of the Commercial Registration Department in the Ministry of Commerce should be observed. The approved corporate name is valid for 30 days. No extension is allowed.
B. File a Memorandum of Association
A Memorandum of Association to be filed with the Commercial Registration Department must include the name of the company that has been successfully reserved, the province where the company will be located, its busi- ness objectives, the capital to be registered, and the names of the seven promoters. The capital information must include the number of shares and the par value. At the for- mation step, the authorized capital, although partly paid, must all be issued.
Although there are no minimum capital requirements, the amount of the capital should be respectable enough and adequate for the intended business operation.
The Memorandum registration fee is 50 baht per 100,000 baht of registered capital. The minimum fee is 500 baht, the maximum 25,000 baht.
C. Convene a Statutory Meeting
Once the share structure has been defined, a statutory meet- ing is called during which the articles of incorporation and bylaws are approved, the Board of Directors is elected and an auditor appointed. A minimum of 25 percent of the par value of each subscribed share must be paid.
Within three months of the date of the Statutory Meeting, the directors must submit the application to establish the company. Company registration fees are 500 baht per 100,000 baht of registered capital. The minimum fee is 5,000 baht; the maximum is 250,000 baht.
E. Tax Registration
Businesses liable for income tax must obtain automatically Tax Number from the registration number so there is no tax id card. And VAT registration the company may need to apply if fall into one of below situation.
- income be generated up to Baht 1.8 million per year.
- be enforced by supplier or customer.
- be work or deal business with Government Sector
- apply for working permit and working visa