"Abandoned Company"

[boldface]

Heh folks. 

 

When I left Thailand in 2015 I shut down my company that I owned and worked through, but completely forgot about the one I was named on with my ex wife. Not sure why but I searched that company name recently and read that it was listed as "Abandoned" in 2019 which was a good 6 years after the last time I was aware of signing off what I believe were the last accounts and daftly thought were the docs that got my name off of the business. Weirdly I am now listed as 100% shareholder (I am not Thai and it was only a small company so I can't see how I am the only share holder).  I've not been back to Thailand since however the current Mrs Boldface and I are thinking that in a few years we might move back but I am a little concerned about this as I have no idea what went on between 2013 and 2019 with that company. I would assume nothing and having read the translated info on DBD and other websites, it seems that having had no accounts in 2014, 2015 and 2016, they then shut it down which took 3 years as abandoned. I'm not overly willing to reach out to DBD or another Thai official channel incase it stirs a nest that is all but dead. However I also would not like to turn up at Swampy ready for holiday house hunting to be ushered into a back room to be shaken down for unpaid fines / fees for 6 years of not reporting. 

 

If I need to I probably have 3-4 years before I plan to return to fix this if I had to, but I don't really want to engage a Thai lawyer to go to court, get the company established again, to then submit years and years of accounts and pay the late fines then close it down officially, especially if it means hunting down my ex wife and convincing her to assist, which she wouldn't,  for something that has nothing to do with me aside from my stupidity of not triple checking somethign I was signing. .

 

So anyone had any experience or knowledge of this? 

[darksidedog]

Do not take this as solid legal advice, because it is not. It is just my experience having had something similar.

Once a company has filed no returns of any kind for a certain period, (was 3 years, might have changed), the company is generally considered dead for all intents and purposes, unless financial transactions have been happening on the company bank accounts.

If nothing like that has happened, you should be able to just turn a blind eye to it and the authorities generally will too.

This is Thailand though, where unusual stuff can come at you out of thin air.

I would advise getting an accountant or lawyer to make discrete inquiries to ensure it is indeed dead.

 

[boldface]

5 minutes ago, darksidedog said:

Do not take this as solid legal advice, because it is not. It is just my experience having had something similar.

Once a company has filed no returns of any kind for a certain period, (was 3 years, might have changed), the company is generally considered dead for all intents and purposes, unless financial transactions have been happening on the company bank accounts.

If nothing like that has happened, you should be able to just turn a blind eye to it and the authorities generally will too.

This is Thailand though, where unusual stuff can come at you out of thin air.

I would advise getting an accountant or lawyer to make discrete inquiries to ensure it is indeed dead.

 

I will probably apply for a married visa and see what happens

[FritsSikkink]

You forgot you owned a company; can you now remember if there were any debts or other liabilities, tax or otherwise?

[boldface]

38 minutes ago, FritsSikkink said:

You forgot you owned a company; can you now remember if there were any debts or other liabilities, tax or otherwise?

Read the post once more and then try again,. 

[FritsSikkink]

12 hours ago, boldface said:

Read the post once more and then try again,. 

"I was aware of signing off what I believe were the last accounts and daftly thought were the docs that got my name off of the business. "

That doesn't answer the question.

"Not sure why but I searched that company name recently"

This sounds you are forgetting a bit of information 

Edited January 24, 2023 by FritsSikkink

[boldface]

2 hours ago, FritsSikkink said:

"I was aware of signing off what I believe were the last accounts and daftly thought were the docs that got my name off of the business. "

That doesn't answer the question.

"Not sure why but I searched that company name recently"

This sounds you are forgetting a bit of information 

Accounts closed 2013 trading year and taxes paid. I believed at that point I had also had myself removed from the company. My ex wife had nothing to do with it either so unless the solicitor did something with it (doubtful) the very most would be a few years of non submittal of monthly accounts fines which from memory is a hundred baht or something? As to why I searched it. I often go on memory hunts, and was on google maps seeing how Bangkok had changed and saw the building where that company had been registered which then prompted me to have a look. 

[FritsSikkink]

10 hours ago, boldface said:

Accounts closed 2013 trading year and taxes paid. I believed at that point I had also had myself removed from the company. My ex wife had nothing to do with it either so unless the solicitor did something with it (doubtful) the very most would be a few years of non submittal of monthly accounts fines which from memory is a hundred baht or something? As to why I searched it. I often go on memory hunts, and was on google maps seeing how Bangkok had changed and saw the building where that company had been registered which then prompted me to have a look. 

" My ex wife had nothing to do with it either so unless the solicitor did something with it"

Only being a 51 % owner most likely.

Taxes are always getting finalized the next year.

What you believe doesn't bear any legal significance.

[boldface]

OK anyone with actual knowledge and not matey forum warrior? 

[boldface]

Just an update on this. We had to return last month for a family emergency, and no issues at all.