Wikimedia Thailand/Registration

Currently, Wikimedians in Thailand is not a legal entity. It is just a group of people with the same aspiration. We may call ourselves ชมรม (club) but to assist with our expanding activities we may choose to register Wikimedia Thailand as a มูลนิธิ (foundation) or a สมาคม (association) according to the Thai law.

According to the Thai Civil and Commercial Code, Wikimedia Thailand may be registered as a "foundation" (see sections 110-136 of the code) or an "association" (see sections 78-109) in Thailand. An application for registration of foundation or association is to be made to the Ministry of Interior. It is legally required that the name of the foundation or association include the word "foundation" or "association". Directors must provide identification and biodata. A formal physical address (accompanied by a map and a photo) must be provided together with the application.

The differences between a foundation and an association are briefly explained here. Here are a number of considerations relating to Wikimedia Thailand.

By definition, a foundation and an association are both not-for-profit legal entity.
Monetary contributions to a foundation is considered donations and may be tax-deductible. To be entitled to the tax-deductible status requires further approval and may be difficult for small foundations. On the other hand, an association is rather relied on membership/subscription fees or gifts.
Most registration requirements are similar. However, a foundation requires a large initial capital but a few board members to govern. On the other hand, an association does not require much money but needs a large number of members to start with.
In the eyes of the law, a foundation is a pool of properties for specific charitable/educational/religious/... purposes but an association is an organization driven by its members for specific not-for-profit activities. The purposes/activities are presribed in its by-laws at the time of registration. By-laws of an association can be significantly amended after registration but by-laws of a foundation is nealy impossible/much harder to materially change. (This provision of the law is to protect and to honor the wishes of those who donated to a foundation.)

Foundation registration

Required documents [1]

Application form
List of property
By-law
List of directors (at least three)
Commitment to donate assets/properties to foundation once it is registered. Provide bank statement in case of cash.
Certified copies of government ID and house registration of all directors
Map to the foundation address
Character records of all directors
Minute of the inaugural meeting
Written permission for the address of the foundation

Required initial capital/asset [2]

At least THB200,000 (USD6,667 @30THB/USD) for a foundation or found by a government department or a foundation promoting education, religion, sport or ...

Association registration

Required documents [3]

Application form - list at least three founders
By-law
- Written support from a relavant government dapartment/authority may be requied.
Minutes of the inaugural meeting - rationale, head office, objectives, list of board members
Written permission for the association address and photo of the address
A map to head office
List of board members - name, address, occupation and responsibility (no legal minimum, but the registra may refuse registration if the number is too few. A healthy association usually has at least 5 board members.)
List of members - name, address and occupation (at least 10 members)
Written permission for the name of foundation - in this case the written permission from Wikimedia foundation
Biodata of association founding applicants
Certified copies of Government ID and house registration of all founding applicants
A copy of ID of the guarantor (must be public servant level 6 or above)

Foundation registration

Association registration

See also