Police Summon Letter (Royal Thai Police) – Not Filing Financial Statement
What to do if I received police summon letter for not filing company’s financial statement?
We can briefly recommend you 3 steps if you received the police summon letter.
- Call to the police or meet the police by person at the police station to show your acknowledgement about it.
- Arrange to pay the penalty at the Department of Business Development (DBD).
- After you paid the penalty fee, send a copy of receipt to the police station to close the case.
At some police stations, you can also pay the penalty fee directly, however, we recommend you pay at DBD, the department who has authority to issue the receipt for closing the case, although the police have power to sue for this case.
For further information, we would like to explain the steps and processes of issuing summon letter from Royal Thai Police as follow:
If you have not filed financial statement to DBD, DBD has right to collect fine according to Ministerial Regulations by issuing notice letter with validity period of not exceeding 1 year. Therefore, before it expires, DBD will send the letter to Royal Thai Police to continue further process by law which is to give authority to the local police, within April 30 of the following year (for the current year, they may send letter since October or November for the police to meet the schedule). The police may issue the summon letter 2-3 times within April 30, then the police will send the case to the court for issuing arrest warrant which has validity period for 5 years. In case of you are foreigner, you may not be allowed to enter to Thailand or go out from Thailand unless you clear this case. In the worst case, if you get arrested, the police will send you to the court for consideration.
For example, if you have not filed the financial statement of December 31, 2016, the approximate time to receive the summon letter and as follow:
- DBD has right to collect the fine from the period of June 1, 2016 until May 31, 2017.
- The local police received letter from DBD before the expiry date of notice around April 2017 (for the current year, they may send letter since October or November 2017) and the police has to issue the summon letter at least 2 times within April 30, 2017 before issue the arrest warrant (arrest warrant has validity for 5 years) to submit the lawsuit to the court.
- If you get arrested, the police will send you to the court which is the district court.
Please note that if you are arrested and prosecuted, you could bail unless they fail to send you to court on that day.
Panwa can assist your company for meeting with the police as a representative from your company together with assist for paying the penalty at DBD, the service fee is 7,000 Baht for meeting with police and pay the penalty in Bangkok area (other provinces may have additional travelling cost).
Q-1: The company registered at Pathumthani has received police summon letter from Royal Thai Police for not filing financial statement to DBD Pathumthani. I would like to know how I will do for this case and how Panwa can assist for this kind of case due to the director is very sick and he can’t do it by himself.
Panwa-1: We recommend that for the police summon letter, the company must send a representative to meet the police at the appointed date and time. If the director is not convenient to go, the company must give authorization to someone to proceed with the following documents;
- Power of attorney
- Certified company affidavit (not more than 3 months)
- Copy of ID card/passport of director (signed)
- Copy of ID card/passport of grantee (signed)
- Police summon letter.
- Penalty fee (must pay at DBD) 12,000 Baht
If you would like Panwa to coordinate on this case we also provide services as well which service fee is 7,000 Baht for Bangkok metropolitan areas and 8,500 Baht for nearby provinces (Nonthaburi, Pathum Thani, Samut Prakan).
When you meet the police, the police will ask you to submit the financial statements together with the payment of penalty fee to DBD of that province (in case penalty fee: 12,000 Baht) and send the evidence to the police for closing the case (for not suing the case).
In case that you neglect this police letter, they will forward the lawsuit to the court, they will consider and issue arrest warrant for further process.
Other articles which related with financial statement submission
- Article – submission financial statement in Thailand, procedure, requirement, place and channel.
- Article – Fine rate or Penalty rate for late submit the financial statement over than the specific period – (started using from year 2012)
- Article – Police Summons (Royal Thai Police) – For the case of do not submit the financial statements.
- Article – Comparing the rate of penalty charges / tax fine, punishment under the act of Registered partnership, Limited partnership, Company limited (For the case – do not submit the shareholders list within 14 days since the date of Annual Ordinary Shareholders Meeting; quoted to the number of 19th in the Article No. 1179 2nd paragraph)
- Article – Annual Ordinary Shareholder Meeting – regulation and procedures
- Article – Defunct company or unoccupied company means the company that the Registrar crosses the company name from the register so as to the company status will be close down or no longer exist since it has been announced in the Government Gazette.