Registering A Foundation In Chiang Mai

[uptheos]

I wonder if anyone can help me as it's Sunday. If not I will ask a lawyer tomorrow.

When someone registers a charitable 'foundation', they need to have 5 'committee members'.

At the beginning of 2008 some person (a farang) was setting up a foundation and asked me if I would be one of the 5 members in order to get the registration. I have know this person for about 12 years and all my dealings with him were honest, so I agreed.

However, during 2008, I found something out not to my liking, confronted the person and told him (October 2008) him that my name should not be used as one of the 5 committee members - take it off whilst it's in the process and I wanted nothing to do with this foundation in any way shape or form!

He agreed, so I thought that was the end of it.

I have now found out that his foundation status has been officially approved (November 2009), but I have heard from someone who knows for sure that my name is on the certificate as one of the 5 committee members! But this person will not tell me where the registration is held - which is OK, as they have been fair in letting me know already.

So, now I need to contact the authorities to explain that my name shouldn't be there.

I am not looking to get anyone into trouble, but I do insist that my name should not have been used and must be removed at all costs. If I approach the person involved directly, I'm not sure I can hold back my anger and I also need to know for sure that my name is on the registration, because I haven't actually seen the certificate.

All I would like from any forum member that might know.

Where is a Chiang Mai foundation registration held?

Is it City Hall - Chiang Mai?

Is it Bangkok?

Anywhere else?

Any help appreciated as I'd like to deal with this ASAP.

Thank you very much

Edited January 17, 2010 by uptheos

[FarangCravings]

cant help with your question however if I was him and I got through all the red tape BS and got approved and then someone that agreed to go on the commitee and then goes changes his mind and Fks it up, should be careful I would not be able to withhold my anger.

Maybe it was all in the works and he was unable to change things until it was approved. Once the papers are in they are in. how the hel_l can he change without refiling and paying all the fee's again

I would of thought its best, let it come through and then file a change of commitee member.

To do what you are planning it pretty wrong until you have approached him and let him know what you intend to do unless he conforms to your request.

Anything other than that and your in the wrong

Edited January 17, 2010 by FarangCravings

[uptheos]

cant help with your question however if I was him and I got through all the red tape BS and got approved and then someone that agreed to go on the commitee and then goes changes his mind and Fks it up, should be careful I would not be able to withhold my anger.

Maybe it was all in the works and he was unable to change things until it was approved. Once the papers are in they are in. how the hel_l can he change without refiling and paying all the fee's again

I would of thought its best, let it come through and then file a change of commitee member.

To do what you are planning it pretty wrong until you have approached him and let him know what you intend to do unless he conforms to your request.

Anything other than that and your in the wrong

Thanks for the response and the advice which has been duly noted.

I don't really want to get into the rights or wrongs that's not why I posted this, but I will say that if you read my post, I requested in October 2008 to take my name off and the registration was approved November 2009. That's 13 months ago! I know he could have changed easily, but couldn't be bothered.

He can be as pissed as he likes, the fact is my (good) name is now linked with a foundation that is a bit 'iffy' and I want it made clear I have nothing to do with it!

So I'm wrong?

I'm the one who is firkin pissed and angry!

Anyone know where the registration is held?

[uptheos]

I can see the way this might head, so perhaps it was unwise to post it here.

I'll check it out with a lawyer tomorrow, but if anyone does know before then, I'd appreciate it.

[FarangCravings]

cant help with your question however if I was him and I got through all the red tape BS and got approved and then someone that agreed to go on the commitee and then goes changes his mind and Fks it up, should be careful I would not be able to withhold my anger.

Maybe it was all in the works and he was unable to change things until it was approved. Once the papers are in they are in. how the hel_l can he change without refiling and paying all the fee's again

I would of thought its best, let it come through and then file a change of commitee member.

To do what you are planning it pretty wrong until you have approached him and let him know what you intend to do unless he conforms to your request.

Anything other than that and your in the wrong

Thanks for the response and the advice which has been duly noted.

I don't really want to get into the rights or wrongs that's not why I posted this, but I will say that if you read my post, I requested in October 2008 to take my name off and the registration was approved November 2009. That's 13 months ago! I know he could have changed easily, but couldn't be bothered.

He can be as pissed as he likes, the fact is my (good) name is now linked with a foundation that is a bit 'iffy' and I want it made clear I have nothing to do with it!

So I'm wrong?

I'm the one who is firkin pissed and angry!

Anyone know where the registration is held?

I actually thought it was 2009 so yes I did miss that lol

Why not call him and tell him you had heard your name is on the certificate and you would like to see it as you requested it be removed, while I understand your anger and obviously something has been done to indicate to you its not above board however until you actually approach him and see how he reacts I think your winding yourself up when its not even confirmed 100% your actually listed.

I understand your angry but you really should be able to contain that long enough to speak with him and listen to what he has to say.

The consequences for him are very high if you go and do what you are planning I bet when you tell him what you are going to do if its true he will immediately file a simple change of committee member.

[uptheos]

cant help with your question however if I was him and I got through all the red tape BS and got approved and then someone that agreed to go on the commitee and then goes changes his mind and Fks it up, should be careful I would not be able to withhold my anger.

Maybe it was all in the works and he was unable to change things until it was approved. Once the papers are in they are in. how the hel_l can he change without refiling and paying all the fee's again

I would of thought its best, let it come through and then file a change of commitee member.

To do what you are planning it pretty wrong until you have approached him and let him know what you intend to do unless he conforms to your request.

Anything other than that and your in the wrong

Thanks for the response and the advice which has been duly noted.

I don't really want to get into the rights or wrongs that's not why I posted this, but I will say that if you read my post, I requested in October 2008 to take my name off and the registration was approved November 2009. That's 13 months ago! I know he could have changed easily, but couldn't be bothered.

He can be as pissed as he likes, the fact is my (good) name is now linked with a foundation that is a bit 'iffy' and I want it made clear I have nothing to do with it!

So I'm wrong?

I'm the one who is firkin pissed and angry!

Anyone know where the registration is held?

I actually thought it was 2009 so yes I did miss that lol

Why not call him and tell him you had heard your name is on the certificate and you would like to see it as you requested it be removed, while I understand your anger and obviously something has been done to indicate to you its not above board however until you actually approach him and see how he reacts I think your winding yourself up when its not even confirmed 100% your actually listed.

I understand your angry but you really should be able to contain that long enough to speak with him and listen to what he has to say.

The consequences for him are very high if you go and do what you are planning I bet when you tell him what you are going to do if its true he will immediately file a simple change of committee member.

Thanks once again.

My point is I DON'T want my name connected at all and since it is one of the originals that allowed registration it always will be.

I understand what you are saying, but all I can say is that my name needs to come off as an original committee member.....that's the way it is.

[Loaded]

Advice given to me by the president of a different foundation:

Send your resignation to the president of the foundation by recorded delivery and then inform the amphur office where the foundation is registered. Normally only the president can remove you but this should work.

Edited January 17, 2010 by Loaded

[earlofwindermere]

PM me and I'll check at the office tomorrow. We've changed the Board of our foundation. It is a rather lengthy process and it is not something that can be done right away with ease. I would understand that the original application would probably have just continued and then the names changed once it was registered. The hassle to change the name in the middle of the application would have been next to impossible. (It is very possible that the application took 13 months to get approved. Ours took 9 months).

Your name will likely always be on the certificate (which must be posted at the legally registered office of the foundation). However; the government will have on file the name of the current Board members. Our foundation is registered in Sansai and all documents (including changes in Board members) must be submitted to the Amphur office. I am not sure if this is the case for those registered in the city.

From what I know, it would be pointless to try to get your name off the original application. The best you could do is to ensure that you are not a current Board member.

Edited January 17, 2010 by earlofwindermere

[kurushektra]

PM me and I'll check at the office tomorrow. We've changed the Board of our foundation. It is a rather lengthy process and it is not something that can be done right away with ease. I would understand that the original application would probably have just continued and then the names changed once it was registered. The hassle to change the name in the middle of the application would have been next to impossible. (It is very possible that the application took 13 months to get approved. Ours took 9 months).

Your name will likely always be on the certificate (which must be posted at the legally registered office of the foundation). However; the government will have on file the name of the current Board members. Our foundation is registered in Sansai and all documents (including changes in Board members) must be submitted to the Amphur office. I am not sure if this is the case for those registered in the city.

From what I know, it would be pointless to try to get your name off the original application. The best you could do is to ensure that you are not a current Board member.

Very interested in this post. Congrats on your responding immediately. That is the best way to cover you reputation.

Is it possible to get more info on your experience in setting up the Foundation. I'm interested in setting up one. Have a lawyer who is quite good, howevery she says it may take 1 to 2 yrs.

If I could communicate directly somehow that would be great. Thanks.

[earlofwindermere]

I know that it is much easier and faster to register a foundation with a Thai-only Board of Directors. Many people register with Thais and then add farangs to the Board at a later date. I've heard that Thai-only Boards can be registered in as quick as three months. I have heard of farang Boards taking up to several years....with the average being about a year.

Using a lawyer is not necessary to complete the application process but it is much simpler for you. Several lawyers in the city are known for specializing in setting up foundations. However; make sure to ask around for opinions because opinions vary greatly.

Also, I just checked with my staff. For foundations registered in Sansai, all documents must go through the Amphur office (including Board changes). The person to contact is "Gai." If you would like her phone number, PM me and I'll send it.