What You Should Know the Offenses under the Laws of Thai Nominee 你應該知道泰國法律規定假藉人頭的罪行
Each year, the Department of Business Development, Ministry of Commerce(“DBD”) inspects Thai people who provide assistance, support, to join the business or hold share on behalf of foreigners (Nominee). The DBD will examine the target businesses, for example, tourism, real estate, hotels, and resorts, etc. The target group mentioned above is a business that is frequently inspected by government officials as many foreign investors wishing to set up businesses is setting up in major tourist destination such as Phuket, Chiang Mai, Surat Thani (Koh Samui), Krabi, Phang Nga, Chon Buri, Prachuap Khiri Khan, Phetchaburi, and Bangkok, etc.
每年，商務部商業發展廳 (“DBD”) 都會對提供幫助、支持或代表外國人（匿名）入股或持股的泰國人進行檢查。DBD將審查目標業務，例如旅遊、房地產、酒店和度假村。上述目標群體由於許多外國投資者希望在那裡開展業務而經常受到政府官員檢查的企業，同時也註冊在普吉島、清邁、素叻他尼（蘇梅島）、甲米、攀牙府、春武里府、班武里府、碧武里府、曼谷等主要旅遊目的地。
After the DBD assigns officers to investigate companies that are suspect of using nominee offense. By obtaining information or evidence that constitutes such offense, the officer will send information to the Department of Special Investigation (“DSI”) for further investigations, such as examining the relationship of Thais and foreigners, checking financial routes, checking tax payments, etc. In some cases, if DSI investigates and discovers additional special circumstances that may extend the information to other businesses that commit similar crimes, and if the offending business has an asset value of 100 million baht or more, DSI will accept a special case to continue investigating the facts in their powers and duties.
DBD 指派官員調查對匿名犯罪負有責任的公司後，在獲得構成此類犯罪的資訊或證據的情況下，該官員會將資訊發送給特別調查部 (“DSI”) 進行進一步調查，例如檢查泰國人和外國人的關係，檢查財務路徑，檢查納稅等。如資產價值在 1 億泰銖以上，DSI 將接受特例繼續調查其權力和職責中的事實。
The offenses of Thai people who commit the crime of Nominee are as follows:
· Thai people or Thai companies who provide assistance or support to foreigners' business by expressing themselves as their own business or holding shares in companies on behalf of foreigners. In order for foreigners to do business by circumventing or violating the laws of Thailand, they are subject to imprisonment of not more than 3 years or a fine of one hundred thousand baht to one million baht, or both.
如果泰國人或泰國公司通過自己的業務或代表外國人持有公司股份來幫助或支持外國人的業務，以便外國人通過規避或違反泰國法律開展業務，將處以不超過 3 年的監禁或 10 萬至 100 萬泰銖的罰款、或兩者併罰。
· In case where the court orders such person to cease to provide assistance or support, or to order the termination of business participation or to terminate his/her role as a shareholder in that company. If such person does not comply with the court's order, he/she will be liable to a fine of 10,000 baht to 50,000 baht per day for the duration of the violation.
如果法院命令此人停止提供協助或支持、或命令終止業務參與或終止公司股東的角色。如果此人不遵守法院的命令，將在違規期間被處以每天 10,000 泰銖至 50,000 泰銖的罰款。
· Where the juristic person or the company is the offender in which the director, partner, or person having the power to act on behalf of the juristic person, cooperates in the commission of such offense or has not arranged for the prevention of such offense shall be punished according to the law with imprisonment not exceeding three years or a fine of one hundred thousand baht to one million baht or both.
The majority of nominee offenses are caused by Thai people accepting their interests or legal counsel recommending circumvention of the law. Based on government investigations, doubts or observations can be found that the officers use for consideration will arise from the source of funds of such Thai people as to whether it corresponds to the evidence of tax payment or not. The government would warn Thai people not to behave in such an offense as it is an offense under the law with a relatively high penalty rate. The DBD has cooperated with the Department of Tourism, Department of Special Investigation, and the Tourist Police according to a memorandum of cooperation in solving the problem of tourism business by using Thai people as camouflage agents (Nominee).
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