SETTING UP A FOUNDATION IN THAILAND

Setting up a Foundation in Thailand

A foundation in Thailand is a non-profit organization governed by the Civil and Commercial Code and Articles of Association promoting public welfare, education, religion, art, and culture. It operates independently and aims to make a positive impact on society through charitable endeavors. Organizations must satisfy specified conditions and register with government authorities in order to be recognized as a legal foundation.

BENEFITS OF SETTING UP A FOUNDATION IN THAILAND

Establishing a foundation in Thailand offers numerous benefits for both the organization and the communities it serve. These include social impact, tax benefits, legitimacy and credibility, access to funding, limited liability, flexibility in objectives, longevity and continuity, and network and collaboration. Registration with the appropriate government authority benefits a foundation by allowing it to legally enter contracts with local organizations, enabling it to partner with civic groups and raise funds effectively. Furthermore, registered foundations in Thailand can benefit from tax exemptions or reduced rates, while also ensuring the foundation’s reputation and trust among donors, beneficiaries, and stakeholders. However, establishing and running a foundation requires dedication, proper management, and compliance with relevant laws and regulations.

REQUIREMENTS AND CRITERIA FOR APPROVAL

  • The foundation’s objectives and purpose must be clearly defined and aligned with public welfare, education, religion, art, culture, or other charitable activities.
  • The foundation’s activities must be lawful and should benefit the society.
  • The foundation’s Articles of Association must be well-drafted and in compliance with Thai law, outlining its objectives, management structure, rules, and other details.
  • It must have a minimum of three founders and three trustees, with at least one Thai national trustee residing in Thailand.
  • The foundation must have a registered office address in Thailand.
  • Financial capacity and tax compliance are also required, along with supporting documents such as identification documents, a list of proposed activities, proof of initial capital, and other paperwork.
  • A Foundation’s entire assets in Thailand must be valued at 500,000 baht, with at least 250,000 baht deposited in cash. Some foundations with specific objectives require 250,000 baht in assets and 100,000 baht in cash.
  • The foundation must be non-profit and must be politically neutral.

OBLIGATIONS OF A FOUNDATION IN THAILAND

Foundations in Thailand must fulfill various obligations to maintain their legal status and comply with the law. These include:

  • Fulfilling the foundation’s objectives
  • Submitting annual financial reports
  • Maintaining transparent financial management,
  • Complying with laws and regulations
  • Fulfilling tax obligations
  • Donor reporting
  • Having a proper governance structure
  • Focusing on public benefit activities
  • Subjecting foundations to periodic checks and audits by government authorities
What distinguishes a foundation from a non-governmental organization (NGO)?

The fundamental distinction is in their legal structures and registration procedures. Foundations are created under the Thai Civil and Commercial Code, whereas non-governmental organizations (NGOs) are registered with the Thai Ministry of the Interior. NGOs have a broader range of operations, whereas foundations are often focused on specific charity goals.

Is it possible for a foreigner to create a foundation in Thailand?

Yes, foreigners can establish a foundation in Thailand, but they must comply with the laws and regulations governing the establishment of foundations. Therefore, it is best to get legal counsel to verify that all criteria are met.

How long does the registration process take?

The process can take a year, or longer.

The specific requirements and criteria for foundation approval may vary based on the foundation’s activities and objectives, so it is recommended to consult with legal professionals or government authorities for accurate information on establishing a foundation in Thailand. Our lawyers can help and guide you.