Tag: e-transaction

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Thailand’s Proposed Electronic Transaction Bill: Modernizing the Digital Economy Framework

Thailand is poised to modernize its electronic transaction legislation with a comprehensive overhaul of the Electronic Transaction Act B.E. 2544 (2001) (ETA). The proposed Electronic Transaction Bill (ETB), currently undergoing public consultation, aims to update the legal framework to better align with current technological advancements and international standards.

The ETB retains the fundamental principle of functional equivalence between electronic and physical documents established in the ETA. However, it further clarifies compliance requirements for electronic documents to meet legal obligations traditionally imposed on physical documents. For instance, publishing information on an accessible online platform would be deemed equivalent to newspaper publication when required by law. The ETB also affirms that electronic information can be used as evidence in legal proceedings, with the burden of proof regarding credibility falling on the party questioning such information.

A significant addition to the proposed legislation is the introduction of Electronic Transferable Records (ETRs), aligning with the UNCITRAL Model Law on Electronic Transferable Records. ETRs are defined as documents or records that can be used to claim rights against another party. Given their unique characteristics, such as control and endorsement methods, the ETB outlines specific requirements for ETRs. These include: (1) containing all messages/terms stipulated by law, (2) using a reliable method to control rights over the electronic transferable record, and (3) employing a reliable method to ensure information correctness.

hands typing on a laptop keyboard

The ETB also introduces provisions for Electronic Transaction Services (ETS), encompassing a range of digital services including identity proofing and authentication, electronic signatures, timestamping, transmission and storage of electronic information, registration and certification of websites and domain names, and ETR services. The ETB proposes a two-tiered governance approach for ETS providers: mandatory compliance with basic obligations and optional certification as a reliable service provider by the Electronic Transactions Development Agency (ETDA). This framework aims to enhance service quality and reliability while offering potential liability exemptions for certified providers under certain circumstances.

To ensure a smooth transition, the ETB includes provisions to address the status of digital platform service providers currently regulated under the Royal Decree on the Operation of Digital Platform Services subject to Prior Notification B.E. 2565 (2022). These transitional measures aim to maintain regulatory continuity until a new digital platform law is enacted.

The proposed legislation represents Thailand’s efforts to create a more robust and internationally aligned legal framework for electronic transactions. It seeks to enhance the credibility of digital transactions, reduce costs, and ultimately boost Thailand’s competitiveness in the global digital economy.

As of July 2024, the ETB is undergoing its second round of public consultation, with an additional round planned before finalization. Following this process, the ETB will be submitted to the Cabinet and subsequently proposed to Parliament for deliberation. This comprehensive update to Thailand’s electronic transaction laws signifies a crucial step in adapting to the evolving digital landscape and supporting the country’s economic growth in the digital era.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand Introduces New Regulation to Protect Online Shoppers

The Office of the Consumer Protection Board (OCPB) in Thailand has approved a draft announcement aimed at addressing the growing concerns of e-commerce fraud and consumer protection in online shopping. The new regulations, set to be published in the Royal Gazette in July, will introduce significant changes to cash-on-delivery services and provide more rights to consumers.

The Minister to the Prime Minister’s Office stated that numerous complaints have been received from consumers regarding issues with online purchases. These include receiving unordered packages with cash-on-delivery demands, difficulties in contacting sellers after problematic purchases, and inability to obtain refunds due to logistics companies claiming they have already paid the sellers.

In the first quarter of 2024 alone, the Office of the Consumer Protection Board (OCPB) received a staggering 5,786 complaints related to consumer goods and services. Of these, 2,162 were specifically about online shopping – a testament to the growing pains of Thailand’s digital economy.

To tackle these issues, the OCPB has introduced the “Dee-Delivery” measure, which imposes new requirements on logistics providers offering cash-on-delivery services. This comprehensive set of regulations, soon to be enshrined in law, promises to revolutionize the cash-on-delivery system that has long been a staple of Thai e-commerce.

gray steel shopping cart

Picture this, a courier arrives at your door with a package. Under the new rules, you are no longer at the mercy of what is inside. You can open it, inspect it, and if it is not what you ordered or if it is damaged, you can refuse it on the spot. No more battles for refunds or chasing ghost sellers.

Key aspects of the new regulations include:

  1. Mandatory detailed information: Logistics companies must provide comprehensive details about the sender, including name, address, and contact information.
  2. Five-day holding period: Payment collected from consumers must be held by the logistics company for five days before transferring to the seller, allowing consumers time to report issues and request refunds.
  3. Right to inspect: Consumers are granted the right to open and inspect goods before making payment.
  4. Refusal rights: If problems are found during an inspection, consumers can refuse payment and reject the goods.
  5. Clear documentation: All transaction details must be clearly stated on the receipt in Thai language with specific font size requirements.

The new measures also outline conditions under which consumers are entitled to refunds, such as receiving incorrect or damaged items, or goods that were not ordered.

These regulations aim to enhance transparency in online transactions and provide consumers with more protection against fraudulent practices. The OCPB hopes that by implementing these measures, the number of complaints related to e-commerce will decrease, improving overall consumer confidence in online shopping.

person marking check on opened book

The new regulations are expected to take effect 120 days after their publication in the Royal Gazette, giving businesses time to adapt to the new requirements. Failure to comply with these regulations could result in significant penalties, including fines of up to 200,000 baht, imprisonment for up to one year, or both.

This proactive approach by the Thai government demonstrates a commitment to addressing the evolving challenges in the e-commerce landscape and ensuring a safer online shopping environment for consumers.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand’s ETDA Unveils Comprehensive Guidelines to Combat Online Advertising Fraud

In a significant move to address the growing concerns of digital fraud and misleading advertisements, Thailand’s Electronic Transactions Development Agency (ETDA) has introduced a comprehensive set of guidelines aimed at regulating advertising on digital platforms. This initiative, detailed in the “Manual for Advertising Oversight on Digital Platform Services,” comes as a response to the increasing incidents of online scams, impersonation of public figures, and fraudulent activities that have resulted in substantial financial losses for unsuspecting users.

The digital landscape in Thailand has witnessed a surge in sophisticated scams, often involving the impersonation of celebrities, influencers, and reputable businesses. These fraudulent activities have not only led to financial damages but have also eroded public trust in online platforms. Recognizing the urgent need for intervention, the ETDA has developed these guidelines to establish a more secure and trustworthy online advertising environment.

User Authentication: At the heart of the new regulations is a robust system for advertiser verification. Digital platform operators are now required to implement stringent user authentication processes for all advertisers. The guidelines mandate a minimum Identity Assurance Level (IAL), which may involve using government-issued identification or other reliable methods to confirm the true identity of advertisers. This measure aims to create a significant barrier for potential scammers and impersonators, making it more challenging for them to operate anonymously on these platforms.

Advertiser Data Management: The guidelines also place a strong emphasis on data management and transparency. Platform operators must maintain comprehensive records of advertisers in a machine-readable format. This includes the creation of watchlists for potentially problematic advertisers, blacklists for those who have violated policies or laws, and whitelists for trusted advertisers. By implementing these lists, platforms can more effectively manage the quality and reliability of advertisements appearing on their services.

codes on tilt shift lens

Pre-Publication Screening: Pre-publication screening is another critical component of the new guidelines. Digital platforms are expected to establish clear criteria for prohibited or restricted advertisements and implement thorough screening processes before any ad is published. This proactive approach aims to prevent harmful or misleading content from reaching users in the first place.

Ongoing Monitoring: Recognizing that no system is perfect, the ETDA also mandates ongoing monitoring of published advertisements. Platforms are required to use a combination of automated systems and human review to continuously assess the content on their sites. The guidelines suggest prioritizing high-risk content for more intensive scrutiny, ensuring that potentially harmful ads are quickly identified and addressed.

User Reporting Mechanisms: User empowerment is a key feature of the new regulations. Digital platforms must provide easy channels for users to report inappropriate or illegal advertisements. These reporting mechanisms should be prominently displayed alongside advertisements, allowing users to flag suspicious content quickly. Furthermore, platforms are required to have clear processes for handling these reports, including timely reviews and responses to user concerns.

green and white line illustration

Transparency: Transparency is emphasized throughout the guidelines. Platform operators are now required to disclose their policies, processes, and tools used in ad management and content moderation to users. This openness is intended to build trust between platforms and their users, providing clarity on how advertising is managed and moderated.

The ETDA’s approach balances the need for stringent oversight with the practicalities of operating a digital platform. While the guidelines are comprehensive, they allow for flexibility in implementation, recognizing that different platforms may have varying business models and technical capabilities. The agency encourages platform operators to adapt these guidelines to their specific circumstances while maintaining the core principles of user protection and fraud prevention.

By implementing these measures, the ETDA aims to create a more trustworthy online advertising environment in Thailand. The guidelines are expected to significantly reduce the incidence of fraud and scams on digital platforms, protecting consumers from financial losses and restoring confidence in online transactions and advertisements.

As digital platforms begin to implement these new guidelines, Thai consumers can look forward to a safer online environment. The success of this initiative could potentially serve as a model for other countries grappling with similar issues in the digital advertising space. As the digital economy continues to grow, such proactive measures by regulatory bodies like the ETDA will be crucial in ensuring that the benefits of online platforms are not overshadowed by the risks of fraud and deception.

Author: Panisa Suwanmatajarn, Managing Partner.

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The Digital Leap for Ease of Doing Business in Thailand

In a significant move to enhance the ease of doing business in Thailand, a joint collaboration between government agencies and private sector organizations was unveiled. The Thai Chamber of Commerce, the Board of Trade of Thailand, the Office of the Public Sector Development Commission (OPDC), and the Department of Business Development (DBD) took the stage to announce the “Joint Corporate Data Linkage” initiative.

This groundbreaking project aims to revolutionize the way businesses interact with government entities by eliminating the need for physical document submissions, such as copies of national ID cards, house registration documents, and company affidavits. Through an online system, legal entity information will be seamlessly linked and shared among participating agencies, reducing redundancies and streamlining processes.

The Chairman of the Thai Chamber of Commerce and the Board of Trade of Thailand emphasized the importance of efficient government services in enhancing the country’s competitiveness. “For too long, entrepreneurs have been burdened with the task of submitting countless documents for various proceedings,” the Chairman stated. “This initiative marks a significant step forward in leveraging digital technology to alleviate those burdens and foster a more business-friendly environment.”

gray concrete buildings

The Joint Corporate Data Linkage is the culmination of years of legal and technological advancements, including the Licensing Facilitation Act B.E. 2558 (2015), the Digitalization of Public Administration and Services Delivery Act B.E. 2562 (2019), and the Act on Management of State Affairs by Electronic Means B.E. 2565 (2022). These legislative efforts have paved the way for a seamless integration of government services into the digital age.

Initially, ten government agencies have pledged their commitment to this initiative, including the Food and Drug Administration (FDA), the Department of Lands (DOL), the Treasury Department, the Board of Investment of Thailand (BOI), the Department of Industrial Works (DIW), the Excise Department, the Bank of Thailand (BOT), the Thai Customs Department, the Comptroller General’s Department, and the Revenue Department (RD).

The Secretary-General of the OPDC highlighted the significance of this collaboration, stating, “The OPDC recognizes the importance of harnessing digital technologies to enhance the efficiency of government services. By fostering cooperation between public and private entities, we aim to provide convenient, cost-effective, and inclusive services to businesses and citizens alike.”

The benefits of the Joint Corporate Data Linkage are multifaceted. According to projections, the initiative is expected to reduce up to 392 document retrieval procedures, resulting in substantial cost savings of approximately 800 Thai Baht per transaction. This translates into an estimated annual saving of around 7 billion Baht, factoring in time, document usage, accounting costs, and opportunity costs.

group of people photo
Photo by Helena Lopes on Pexels.com

The Director-General of the DBD underscored the technological advancements underpinning this endeavor. “We have developed a robust system that enables real-time, accurate, and secure data exchange between agencies,” the Director-General explained. “By leveraging the Central Data Exchange system (GDX), we can ensure efficient and seamless information flow, further enhancing the overall experience for businesses.”

The Joint Corporate Data Linkage is not only a testament to Thailand’s commitment to digital transformation but also a beacon of opportunity for investors. As the system matures and expands, investors may find lucrative opportunities in public-private partnerships, collaborating with government agencies to further develop and enhance the platform, potentially yielding long-term returns on investment.

With the formal commencement of the Joint Corporate Data Linkage on May 1st, 2024, Thailand takes a significant stride towards a future where doing business is streamlined, efficient, and aligned with the digital era. This initiative sets the stage for continued innovation and collaboration between the public and private sectors, positioning Thailand as a frontrunner in the global race for competitiveness and business-friendly practices.

Author: Panisa Suwanmatajarn, Managing Partner.

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Brief Notification for the Digital Platform Services

The Notification of the Electronic Transactions Commission regarding the Nature of the Digital Platform Services Requiring a Notification of the Brief List (“Notification”) was published in the Royal Gazette on 18 August 2023 by virtue of Section 8 of the Royal Decree on the Operation of Digital Platform Service Business that are Subject to Prior Notification B.E. 2565 (2022) (“Royal Decree”) and it will be enforced on 21 August 2023 onwards.

This Notification is aimed to prescribe details of the qualification of the digital platform service providers under Section 8 of the Royal Decree  which is  (1) earning a yearly gross income in Thailand of not more than 1,800,000 Baht as a natural person, or not more than50,000,000 Baht as a juristic person, and (2) Digital platform service providers with no more than 5,000 monthly average users (“Digital Platform Service Providers”) to notify information listed below (a brief list) to ETDA prior to operating their platforms:

  • Platform operator’s information, i.e., natural person’s name-surname or juristic person’s name, national identification number or juristic person registration number, address, juristic person’s accounting period, and contact channel which can be URL or application.
  • Digital Platform Service Providers’ information, i.e., name, type, and channel of the Digital Platform Service Providers.
  • Digital Platform Service Providers’ point of contact in Thailand.

In the Notification, we noticed that there are additional qualifications of the Digital Platform Service Providers specified therein which we view that those are in conflict with the principle of definition of the term “digital platform services” and Section 8 of the Royal Decree as it shall not include a digital platform service that is intended for offering goods or services of a single digital platform service operator or an affiliated company which is an agent of such operator, irrespective of whether the goods or services are offered to third persons or to affiliated companies.

Furthermore, the aforementioned Digital Platform Service Providers must notify the ETDA of the following information on an annual basis, i.e., (1) within 60 days of the end of the calendar year in the case of a natural person’s platform operator or (2) at the end of the fiscal year in the case of a juristic person platform operator:

  • Value of transactions incurred on the service platforms (if any)
  • Gross income from providing the service platform in Thailand (if any)

This Notification is only applicable to smaller size Digital Platform Service Providers. However, Digital Platform Service Providers in general are still obligated to comply with. The sanction for failure to notify the required information would be subject to the competent official issuing of an order prohibiting the Digital Platform Service Providers from providing the digital platform services.

Author: Panisa Suwanmatajarn, Managing Partner.

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Details of Terms and Conditions for the Digital Platform Service Businesses

On 21 August 2023, the Royal Decree on the Operation of Digital Platform Service Businesses that are Subject to Prior Notification B.E. 2565 (2022) (“Royal Decree”) has come into force. In this regard, Section 17 of the Royal Degree requires the digital platform service and the search engine Providers that meet certain requirements to prepare and publish the terms and conditions with minimum information as prescribed in the Royal Decree (“Terms and Conditions”). The Royal Decree itself, however, did not provide details or clarifications in regard to such minimum requirements. As such, the Electronic Transaction Development Agency (“ETDA”) has issued a Notification of ETDA number Thor.Por.Dor. 4/2566 on the Details on the Publication of Terms and Conditions of Services for Users’ Knowledge (“Notification”).

person marking check on opened book
Photo by Pixabay on Pexels.com

The Notification consisted of various details important for the digital platform service providers to comply with. The key provisions can be categorized as provisions that further clarify Section 17 of the Royal Decree and provisions that assign additional obligations to the digital platform service providers. Some of the key provisions are summarized as follows:

  1. The Terms and Conditions must be in Thai, easily understandable by the platform’s users, made easy in terms of accessibility, and composed of enough details for the user to make an informed decision whether to use the platform or not. The digital platform service providers must also notify the ETDA and provide evidence showing that they have published the Terms and Conditions for the users’ knowledge.
  2. Where the digital platform service providers treat each of the products, services, or contents of the business users differently, the digital platform service providers must clearly specify the differences in the Terms and Conditions.
  3. In addition to the prescribed minimum requirement in Section 17 of the Royal Decree, the digital platform service providers that meet the requirement of Section 16 (1) of the Royal Decree must also prescribe an additional item, such as an additional distribution channel, the ownership or entitlement in intellectual property after entering into the Terms and Conditions, ancillary or complementary goods and services that is offered to the users before the transaction is concluded, conditions for suspending or terminating the provision of services, etc.
  4. The Notification further provides an example, easing the digital platform service providers to comply with Section 17 of the Royal Decree, that is, the example of algorithms required to be included in the Terms and Conditions are given, for example, price, keywords, user demographic, quality of products, quality of seller, users’ review towards the goods or services.  
  5. Where Section 17 (8) of the Royal Decree requires the digital platform service providers to include in the Terms and Conditions, “an actions to be taken to illegal goods, services, or contents”, the Royal Decree further clarifies that the digital platform service providers must specify if the processes, measures, or mechanism used by the digital platform service providers in determining if a good, service, or contents are illegal or not, are done by an algorithm decision-making, or by human review. The Notification further requires the digital platform service providers to have in place a notice-and-takedown mechanism and details thereof.
man in black suit sitting on chair beside buildings

Please be reminded that the aforementioned information is only a brief detail prescribed under the Notification. Terms and Conditions to be prepared in accordance with the Notification are said to be of complex structures and details. Digital platform service providers must pay attention to the details to avoid any incompliance with the law.

Author: Panisa Suwanmatajarn, Managing Partner.

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ETDA’s Recommendation for an Online Merchant Management System with Cash on Delivery Service

The Electronic Development Transactions Agency (ETDA) has recently proposed a draft of ICT Standards for Electronic Transactions, specifically recommending guidelines for an online merchant management system that offers cash-on-delivery (COD) services. The purpose of this recommendation is to establish consistent practices for service providers in this field, addressing emerging challenges and mitigating potential risks associated with COD transactions. Ultimately, the goal is to enhance customer confidence and trust in the process of buying and selling products through COD.

The recommendation is structured into four main sections: scope, definition, introduction of COD, and conditions for online merchant delivery management services. Key points from each section are summarized as follows:

  • Authentication of COD online merchant service providers are required to authenticate online merchants before allowing them to activate their services on the platform. This includes notifying the merchants about the authentication criteria and the information that needs to be collected, such as their names, identification numbers, and bank account numbers, to be in compliance with relevant laws.
  • Online merchant delivery information must be maintained. Such information includes tracking numbers and recipient details. Additionally, any unusual behavior exhibited by online merchant service providers must be monitored.
laptop technology ipad tablet
  • Provisions of recipient information on parcel cover sheets
    • Information on parcel cover sheets: service providers are obligated to include clear and visible information on the parcel cover sheets. This includes the service provider’s names, contact information, websites or communication channels, and details related to recipients’ support.
    • Information for assisting recipients: service providers must provide information on how the system assists recipients. This includes details on scenarios where the system can assist, channels for reporting problems, and any evidence that recipients may need to submit for investigation.
  • Monitoring and addressing online merchant delivery behavior to prevent scams related to COD transactions: service providers must continuously monitor and track incidents involving online merchants. They should establish procedures for addressing suspicious behavior, which include the following steps:
    • Suspected scammers: if more than 10% of recipients report unexpected deliveries or parcels, they did not purchase from a specific merchant. In this case, the service providers must permanently terminate that merchant’s account.
    • Non-compliant items: if the items received by recipients do not meet the specifications as specified, service providers should notify the online merchants and request information to investigate and resolve the issue for both the merchants and the recipients.
    • Incident recording for future analysis: service providers are required to maintain records of incidents involving online merchant behaviors, which can be analyzed in the future for further insights.
    • Gathering evidence and reporting wrongdoings: if evidence related to scams or other wrongdoings is gathered, service providers should report the findings to the relevant authorities.

It is important to note that the above conditions and procedures are recommendations with no legal enforcement. They serve as guidance for service providers in the industry to establish best practices and maintain a high level of service quality and protection to the customers.

Author: Panisa Suwanmatajarn, Managing Partner.

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The Effectiveness of Chat Messages and Thumbs-Up Emojis as Approval Signals

Thailand is now entering the digital era, and electronic transactions are more common than ever. Thai people, in particular those who lend and borrow money, frequently enter into loan agreements using chat messages or even a thumbs-up emoji via online platforms. It is arguable whether chat messages via these internet communications will be deemed as evidence in a lawsuit for prosecution and legal action.  

According to Civil and Commercial Code (“CCC”), Section 653 paragraph one, “A loan of money for a sum exceeding two thousand baht in capital is not enforceable by action unless there is some written evidence of the loan signed by the borrower,” so the loan agreement requires written evidence signed by the borrower to enforce in legal prosecution. Considering the CCC alone, chat messages or a thumps-up emoji seem to be an issue as no signature is affixed.

person holding white android smartphone

Without a signature in this regard, will a loan agreement not be formed? Electronic Transaction Act B.E. 2544 (the “Act”) enables online conversations to be used as proof of loan agreements under Sections 7, 8, and 9. Section 7 states that information shall not be denied legal effect and enforceability solely because it is in the form of a data message. Section 8 states that, subject to Section 9, if the law requires that any transaction be made in writing or evidenced by writing, and if the information is generated in the form of a data message that is accessible and usable for subsequent reference without its meaning being altered, it shall be deemed that such information is already made in writing or evidenced by writing. Section 9 specifies that when a person enters a signature in any writing, it is regarded that a data message carries a signature if it is identifiable and demonstrable, and such a method is reliable and meets the requirements of Section 9.  

photo of man in white hoodie standing near brown wall while using his smartphone

As a result, online conversations between the borrower and the lender are deemed as signed and written evidence. Even the Supreme Court recently rendered a judgment in accordance with the Act, as stated in the judgement number 6757/2560, in which the plaintiff sent an online chat message releasing the defendant from the debt, this case had been rendered in accordance with the Act that the debt release via online message deemed as written evidence of debt releasing. Thus, debt under the loan agreement was extinguished. Accordingly, the thumps-up should be interpreted as it is.  

According to the aforementioned Act and the subsequent judgment, it is clear that Thai law encourages electronic transactions, and even the civil court accepts the existence of electronic transactions, indicating an important beginning of the evolution of usage and interpretation to be more modern and efficient.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand – 2023 Updates on Company Registration

Currently, company registration can be done via 2 channels, one being the normal regime (physically submitting applications at the Department of Business Development (“DBD”)) and the other through the online system, DBD e-Registration. As people may not be familiar with the online registration system yet, this memo is then intended to give you a summary of steps for online company registration, and a summarized differences between the 2 channels of company registration.

Steps for Company Incorporation via e-Registration System shall be as follows:

  1. Name Reservation: Any of the promoters may reserve the company name on DBD’s website in which English and Thai names are required.
  2. Username and Account Creation:
    • Account creation can be done via DBD e-Registration’s website.
    • After accepting the terms and conditions, the system would proceed to the authentication and verification page. Fill in, submit the necessary information, and complete the authentication and verification process.
  3. Authentication and Verification Process: Users’ authentication and verification can be done by either of the following methods:
    • e-KYC;
    • Self-authenticating with the officials at DBD;
    • Giving power to other person to submit authentication on behalf of the user; or
    • Using personal certificates (a document certifying identity of an individual for the purposes of digital signature, encryption, and decryption) instead of self-authenticating with the officials.
    • Once the authentication and verification process is completed, an activation link will be provided to the user’s email. Click the link to activate the user.
  4. Memorandum of Association Registration and Company Incorporation: Registration of Memorandum of Association (“MoA”) can be done via the e-Registration system, by filling in the necessary information and attaching relevant documents (e.g. picture file of the company’s seal, minutes of company incorporation meeting, map, etc.)
  5. Documents Status Tracking: The status of documents review can be tracked through the online system.
  6. e-Signatures:
    • Once the application has been approved, the applicant will be notified by email, and promoters can proceed with the application signing.
    • The applications can be electronically signed using the e-Signature portal. Each promoter shall log-in with their own account and e-sign the document by clicking and confirming with an OTP passcode.
  7. Documents Confirmation and Fees Payment:
    • The application that has been signed by the promoters shall appear for confirmation.
    • Once the application is confirmed, the applicant can proceed to the fees payment page.
    • The applicant can either pay the fees through transfer, debit or credit card.
    • Once the payment is completed, the proof of registration (i.e. company affidavit) will be available for download as a PDF file.

Differences

TopicPhysical Registratione-Registration
1. Registration FeeThe normal regime registration shall be of the normal registration rate, which is:     Totaling: Baht 5,500  

Remark: The fee for amendment of MOA is Baht 500		Generally, the fee for online registration is the same as physical registration. However, there is a Ministry of Commerce (“MoC”)’s Notification providing discounts on the registration fee for a certain period.  

From January 1st, 2021, until December 31st, 2023, the online registration fee for company registration is discounted by 50%, totaling Baht 2,750

Remark: The fee for amendment of MOA is also discounted, totaling Baht 250
2. TimelineRegistration and incorporation can be completed in 1 day2-5 Working days, depending on the number of other applications submitted at the time
3. QueuingApplicants can either:
– Walk-in; or
– Reserve physical queue through MoC’s website

Remark: In case of walk-in, the process of registration may not be done in 1 day		No queuing is required for e-Registration
4. Amendment of Company Registration ApplicationsIn the event that there is a typo or mistake on the submitted applications, the said applications shall either be replaced with a new form, or amended and signed by the promotersThe amendment of applications can be done through the e-Registration system itself, which is easier and faster than the normal regime

In summary, the e-Registration system is intended to aid businesses’ incorporation process, including negating the necessity of back-and-forth documents signing process, revision of applications, and others. Moreover, the fee for company incorporation via the e-Registration system is discounted. Should you have any questions, or require our assistance, feel free to contact us.  

Author: Panisa Suwanmatajarn, Managing Partner.

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