Foundations in Thailand are meant to further the objectives of public charities, religion, the arts, the sciences, literature, education, or any other public interests. However, in order to begin work a foundation must be registered with the Thai government. Therefore, the foundation must comply with regulations set up by the Ministry of Interior. Once the requirements have been met the foundation may then apply for certification.
Requirements: A foundation must be structured in a manner consistent with the Ministry of Interior’s instructions. Therefore the following requirements apply.
1.) Naming Requirements: First, the name must not be too similar as any existing foundation (the similarity is determined by the local registrar reviewing the application). Second, the name of all foundations must contain the word foundation. Third, the name should not reference any members of the royal family, government entities or private citizens without receiving prior consent. Fourth, the name must never use the names of holy places or political parties without exception.
2.) Office Requirements: The foundation’s office must be on private property and the location of the office.
3.) Objective Requirements: The foundation must be organized for the public interest and not for the private interest of individuals. It may only serve public charities, religion, the arts, the sciences, literature, education, or any other public interests.
4.) Asset Requirements: The foundation must meet the minimum assets requirement. The minimum varies, but for non-specified foundations the amount required is either 500,000 baht in cash or 250,000 baht cash with other available assets.
5.) Regulation Requirements: A foundation must have written regulations and a board of directors consisting of at least three people. The regulations must list the objectives of the foundations, the structure of the board, a list of the assets at the time of establishment, and how the assets will be managed
Process: Once the foundation is sure that above requirements are met the application process can begin. The official application can be purchased for ten baht at the Ministry of Interior or many local registrar offices. The application should then be completed and taken to the local registrar office (only the local registrar of the area where the foundation’s principal office is located will have jurisdiction). The application should then be submitted with additional documentation as well. This documentation includes:
1.) A list of the assets available to the foundation
2.) A list of assets that have been allocated to the foundation and registered documentation that promises the assets will be donated towards the foundation’s stated goals. If an asset was given to the foundation with a testament a copy of that testament needs to be provided as well
3.) A list of the members on the board of directors containing their names, addresses and professions
4.) A copy of the foundation’s regulations
5.) Proper government identification cards of the foundation’s owners or if they are foreign nationals or priests then comparable identification will suffice
6.) A map of the principal office and any branch offices that might exist, as well as, verification that the offices are under the management of the foundation. Written testimony from the landlord or owner will satisfy this requirement
7.) A record of the meeting when the foundation was established. This record can either be a written statement of the minutes or a direct recording.
The materials will be evaluated and the officer in charge of the review and will also check if there is an existing foundation with a similar name. If the officer suspects either the methods or objectives of the foundation the application will be sent to the National Council of Cultural affairs for review. If either the registrar officer or the Council approves the application the foundation will be issued a registration certificate allowing it to operate inside of Thailand.
Conclusion: Thai foundations are for philanthropic purposes only. Because of that the Thai government can be protective of issuing foundation certifications. Thus, it is extremely important to meet all the requirements outlined by the government and having all necessary documentation to prove that these requirements have been met. Without this diligence, the process will be complicated and certification can become difficult.