Ministerial Regulation (Section 17 Licence)
Prescribing Rules and Procedures Pertaining to the Application for a License to Operate a Business under Section 17
B.E. 2546 (2003)
By virtue of section 17 and section 46 of the Foreign Business Act, B.E. 2542 (1999), which is an Act containing certain provisions relating to the restriction of rights and liberties of the people, which section 29 in conjunction with section 35 and section 50 of the Constitution of the Kingdom of Thailand allow to be done by virtue of law, the Minister of Commerce hereby issues the Ministerial Regulation as follows:
Clause 1. A foreigner who intends to apply for a license to operate a business under section 17 shall submit a license application in accordance with the form prescribed by the Minister of Commerce in a Notification together with the following evidence and documents:
(A) natural person:
(B) juristic person not registered in Thailand:
(C) juristic person registered in Thailand:
Clause 2. The applicant shall completely fill in the application form in print, which shall also be signed by the applicant or by an appointee in the case where another person was authorised by a power of attorney to act on his/her behalf.
Clause 3. In the case where a power of attorney was executed in a foreign country, such power of attorney shall be notarized by an official or by a person who has been prescribed with the powers of notarization by the laws of such country, or by an authorised official of the Thai Embassy or the Thai Consulate stationed in such country for a period not exceeding six months prior to the date of submission of application.
Clause 4. In the case where the power of attorney was executed in Thailand and the appointer does not have residence in Thailand, a copy or photocopy of the passport or certificate of temporary residence, or other evidence showing that at the time of the power of attorney such person had truly entered into Thailand, shall be submitted.
Clause 5. In the case where the evidence or documents in support of the application have been signed in a foreign country, the applicant shall provide for the certification of such signatures. The provision in clause 3 shall apply mutatis mutandis.
Clause 6. In the submission of evidence or documents in support of the application, if such evidence or documents are in a foreign language, their translations in Thai shall be provided. The applicant and the translator shall affix their signatures to certify the correctness of the translations.
Clause 7. In the submission of copies or photocopies of evidence or documents in support of the application, the applicant shall certify the correctness of such copies or photocopies.
Clause 8. An application for license shall be submitted at the following places:
Clause 9. In a case of necessity for the benefit of considering an application for a license, a competent official may request that the applicant give a statement of facts or deliver other evidence or documents which are relevant.
Clause 10. A license shall be in the form prescribed by the Minister of Commerce in a Notification.
Given on 1st May B.E. 2546 (2003)