On June 4, Thailand's Ministry of Commerce (MOC) issued a new notification on e-commerce business registration pursuant to the Commercial Registration Act B.E. 2499 (1956) (CRA), replacing a similar notification from 2010. The new notification (officially titled “Notification Re: Business Regulations that Commercial Operators Must Register and Businesses that Are Not Subject to the Commercial Registration Act, B.E. 2549 B.E. 2567”) took effect on June 5, 2024.
While the previous notification required all individuals and legal entities engaged in regulated activities, such as selling goods or services online, to register their businesses with the local district office, the new notification effectively lifts this requirement for certain legal entities. The new notification clearly states that the CRA does not apply to regulated activities conducted by:
- Private limited companies, registered ordinary partnerships, and limited partnerships (i.e., legal entities under the Civil and Commercial Code); and
- Public limited companies (i.e., legal entities under the Public Limited Companies Act).
Now that the new notification is in effect, limited companies and other specified legal entities are no longer required to register their e-commerce activities and obtain an e-commerce certificate from the MOC. E-commerce certificates previously issued to these legal entities are also voided by the new notification.
Nevertheless, the requirement to register for direct marketing and obtain a direct marketing certificate under the Direct Sales and Direct Marketing Act B.E. 2545 (2002) remains in effect for any online sales or e-marketplace platforms administered by legal entities.
Given the recent proactive enforcement of penalties for noncompliance with direct marketing registration requirements, we strongly advise business operators to assess whether their operations fall within the scope of direct marketing regulations and require a direct marketing certificate.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.