Defunct Company (or unoccupied company)
How to execute in case of the company status is Defunct (or unoccupied)? If the director neglects to rectify the company status, so as to the director will be at fault or not. Can we recover to start the new business?
“Defunct (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 since it has been announced in the Government Gazette.
So, the character of any company, which was within the scope of unoccupied company, is that company did not submit the balance sheets and income statements since the current year and also retroactive for 3 consecutive years. Even that company still contact with the registration office for other reason or that company is on the process of account liquidation and unfinished the process of liquidation within 3 years since the date of liquidate registration. Whereas the Registrar has sent the request notice to them for submitting the report of account liquidation or come to complete a registration for liquidation within 6 months since the date of sending the notice. If the liquidator did not comply with this procedure, then it would be assumed that company did not operate the business or commerce or there is no liquidator to perform this process. When we found the root cause likely with the basic assumption to withdraw the company from the register as unoccupied company, then the Registrar can execute the withdraw steps as defined in according with law. For benefit of tax levy or other benefit for any governmental unit, Registrar can consider to halt the process of repealing the unoccupied company; even if Registrar found during the repealing process whether the company still operate the business or commerce, or there is the active liquidator to perform account liquidation or there is some governmental unit issue the notice to halt the process of repealing the unoccupied company. Therefore, you can additional study about repealing the unoccupied register in the article number 1246 of Civil and Commercial Code relating to partner.
The following steps to enroll the company name back into the register.
After the Company has been recovered the company name in the register, it will be considered as the Company still be occupy without crossing the company name out of the register in accordance with the article number 1246 (6) of Civil and Commercial Code. So as to the company will have the same status as the juristic person, still have the right, duty and responsibility in complied with the law. Therefore the company has liability to submit the financial statement for the past years and also file all kind of tax return and also its penalty and surecharge (if any).
Service charge for recovering the defunct company to re-active or re-operate the business or commerce will cost…………….. Baht (Please contact with Mr. Prasert by mobile phone number +66 81 919 6225 or 081 919 6225 for call in Thailand)
Supplement – Caution
Repealing the registered partnership / limited partnership and unoccupied company
According to the article No. 1273/1, No. 1273/3 and No. 1273/4 of Civil and Commercial Code, it impose the Registrar to execute on below steps as follows;
Other articles which related with financial statement submission
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Defunct company in Thailand
By Panwa Accounting and Auditing