การเลิกบริษัท : ศึกษากรณีการถอนทะเบียนบริษัทร้าง / สิรีธร มะระพฤกษ์วรรณ = A study of the de-registration of defunct companies / Sireethorn Maraprygsavan
The popular form of business organization is company as established under the Civil and Commercial Code on Company. Dissolution of the company may be made by volunteer, by operation of law or by de-registration of defunct company by the registra. After having carefully studied the de-registration of defunct company, the author finds that there are many drawbacks viz : the causes for de-registration, whether the de-registration order of the registrar is an administrative act or not, how to send the registrar's notice informing the third persons of de-registration, the stipulation of a period allowed for re-registration before the Court. The author recommends that apart from the causes for de-registration which appear in the said law, we should include additional causes for de-registration for completeness and spirit of law. For instance, even the balance sheet of dormant company so called dormant balance sheet is submitted to the registrar, the company ought to be declared not doing business. However, the dormant company should have opportunities to request for temporary suspension of doing business to the registrar. With respect to the legal status of de-registration order, such de-registration order is not an administrative order. For notice to the third persons as published in the Royal Gazette which is unpopular and difficult for the general public to read, the web site and nationwide newspaper should be used for publication. Regarding the re-registration which the existing law does not stipulate the period of re-registration before the court, this cause problems for the registrar who has to keep documents and redords forever, therefore, and two-year period for exercise of the right to request for re-registration before the court should be stipulated.
