New Clarification on Businesses Requiring Commercial Registration

On 4 June 2024, the Royal Gazette published the Notification of the Ministry of Commerce Prescribing the Commercial Business that the Business Operator is required to Register and the Commercial Business that is not subject to the Commercial Registration Act B.E. 2499, B.E. 2567 (2024) ("Notification"). The Notification specifies the types of commercial businesses that must register with the Ministry of Commerce ("MOC") and those that are exempt from registration under the Commercial Registration Act B.E. 2499 (1956).

In brief, the Notification:

1. prescribes certain commercial businesses that are officially exempted from the registration requirement, which are as follows:


• commercial businesses which are operated as (i) registered partnerships, (ii) limited partnerships, (iii) private companies limited which are juristic persons under the Civil and Commercial Code, and (iv) public limited companies under the Public Limited Companies Act B.E. 2535 (1992); and
• commercial businesses conducted by business operators who are agricultural groups registered under the Royal Decree on Agricultural Groups B.E. 2547 (2004).


2. clearly defines which types of commercial businesses must register with MOC. Certain businesses that were previously required to register, such as e-marketplace platforms, are now exempted under this new Notification. Only commercial businesses operated by natural persons and ordinary partnerships are required to register with MOC.
3. specifies the location where the applicant shall submit their registration application to the MOC.
4. includes a specific provision addressing the registration requirement for foreign businesses operating in Thailand, and states that foreign operators who have already registered with MOC before this Notification will be automatically considered registered.
5. states that certificates issued under the Commercial Registration Act B.E. 2499 (1956) to a business operator who is a registered partnership, limited partnership, private company limited which is a juristic person under the Civil and Commercial Code, or a public limited company under the Public Limited Companies Act B.E. 2535 (1992), shall be deemed invalid.