THE ROLE OF NOTARY PUBLIC IN LEGALIZING AND AUTHENTICATING BUSINESS DOCUMENTS: THE CASE OF REGISTRATION AND TRANSFER OF COMPANY SHARES

Abstract

This research aims to 1) study the problem of Thailand not yet having a law regarding the profession of notarizing signatures and documents, and 2) compare the powers and duties of the notarizers and signers in the case of company registration and share transfer with notaries in Thailand and other countries. This research is a documentary study from books, textbooks, academic articles, research reports, related academic documents, secondary data and primary data.

          The research results found that 1. The fact that Thailand has not yet enacted a law on the profession of signature and document certification has resulted in several problems in terms of document reliability, risk of document forgery, compliance with international laws and standards, and difficulties in working with foreign agencies. To solve these problems, there should be legislation and the establishment of clear standards for signature and document certification to make operations in various areas more reliable and efficient..

1. 2. Comparing the powers and duties of the document certifier and the signature in the case of company registration and share transfer with a notary in Thailand and abroad, it was found that the law of Thailand is similar to the law of England, that is, the director or the authorized person will prepare the application and submit the registration by himself and only a reliable person, such as in Thailand, the registrar, the lawyer or the ordinary or extraordinary member of the Council of the Bar Association, while in England, only the officer who took the oath, the notary, the judge or the lawyer will certify the signature of the director at another level, which will lead to the problem of making a false registration application and having his or her employees sign to certify the signature. Therefore, it can be seen that if the share transfer must be done in front of the officer who has the authority to be a witness under the law or a notary, it will help reduce the problem of disputes over the transfer of shares that are not done according to the form specified by law, which can help reduce the problem of the company registering shareholders or refusing to register and issuing new shares with delay or neglect until there is a dispute about who is the real owner of the shares.