Shareholders list how to know if you are still a shareholder

[LazyCat]

 Hello ! Not sure if anyone can help.  It's been a while since I left and  i didn't live in Thailand  but when I left I was a shareholder in a few companies   and I  no longer have contact with the main  person  director owner the idea man whatever you call it ) and I see rules are tightning up and I want to check if I am still on the list. Is there a way to check  if I am a shareholder in a company without contacting the director.  

another question  since the director with a  stamp and signature can change list of shareholders is there anyway to pove you were a shareholder and get back you share? 

 thanks  in advance for your opinions and knowledge

 

[blackcab]

If you have the company registration numbers anyone can go to the Department of Business Development (DBD) and order a copy of the current shareholder list for a small charge. Alternatively you can order and pay online for a PDF copy of the shareholder list at:

 

https://datawarehouse.dbd.go.th/

 

The second part of your question involves removing a shareholder. I think you need to understand the difference between a shareholder and a director.

 

A shareholder is a part owner of a company. If you own 25 per cent of the shares of a company then you own 25 per cent of the company. This ownership can be sold, gifted or inherited as it is an asset.

 

As such nobody should be able to remove your name from the list of shareholders without your knowledge and consent because that would amount to defrauding you out of the ownership of an asset.

 

A director is an employee of a company who has been authorised to act on behalf of the company.

 

Now understand that when you own shares in your own name this has very little to do with the company. As such the company or a director has no authority to remove the shares from you. After all, why on earth would they be allowed to do that?

 

The DBD often require shareholders to be present at their office to transfer shares. This is to stop illegal transfers. However this is not always the case.

 

The final thing is that if shares are given as a convenience, if you understand what I mean, the person giving the shares often has the recipient of the shares sign all documents necessary to transfer the shares in the future. If that is the case you could have signed the future sales documents at the same time you signed to receive the shares.

[LazyCat]

Thank you  for a  detailed reply I was thinking to  write to you in private as you seem to have a  lot of knowledge.  I do  understand the  concept but  since the director is the  one who signs all the documents he can change  the shareholders list and sign .   if  there was no presence of shareholders in the office at he time of transfer then it is quite easy to  just change it....

I wonder if there is a way to prove you did not authorise to transfer your shares and  what  would be the timeframe to do it.  Thanks for the link to dpd. I did find out that the shareholders list was changed as i see there's only 1 foreigner there now ( should be 2 with me ) I don't know when it was changed  but it was. Apparently now 1 foreigner holds all 49% .... No surprise to me though.

[blackcab]

3 hours ago, LazyCat said:

...but since the director is the  one who signs all the documents he can change  the shareholders list and sign...

 

That's completely incorrect.

 

Can a company director change the ownership of your house? What about ownership of your car? If you owned shares in Microsoft could a company director change the ownership of these shares?

 

The answer is no, because shares are your personal property.

 

You probably signed the documents to sell the shares at the time you received the shares. If this was the case then you have no way of proving any kind of fraud.

[LazyCat]

Thank  you  for reply  no I didn't sign anything like that, I do read some Thai and I did not think about seling  anything or giving up my share in the business  that was started on our mutual funds. At that point  we were a couple then and later had a divorce  but  we sined only the papers about divorce in ampor, our shares were divided 49% of farang shares into 24 for me and 25 for him.  Now after I checked it is only in his name. He has been living in Thailand all this time and I think had more knowledge about it. Company was registered  on my home address up until  I think 2 years .  There must be a way that he used to change the shareholders list,  I don't even know when he did as I wasn't there for 5 years now,  and I wouldn't know if it wasnt for your help.  I have checked though that site that he  had changed shareholders list has new directors and new address, I don't feel comfortable talking or contacting him in any way and  now even more so. 

I was planning to come back to thailand as  we have our family condo there and company  that needs attention  and I am afraid I will have to face this situation sooner or later.... 

[blackcab]

If shares have been transferred without your consent then the next stop should be the DBD office to discuss matters.