PROBLEMS OF USING A LIMITED COMPANY NAME

Abstract

The status of a limited company name under the Thai Civil and Commercial Code are unclear. On the one hand, it is deemed as a natural person name which is a part of personality. On the other hand, it may be deemed as trade name under Section 1012. Realizing that the is recognized by the law; it is to be noted that the result of using and interpreting with current laws may be contrary to the spirit of law and juristic method. The evidential fact resulting from such contradiction is when the registrar is not empowered by the law to prevent a third parties from using either similar or identical name which belong to the bankruptcy company of which itself against to the good faith principle and also has direct damage to the public. Furthermore, the revocation of the limited company name is leading to an ineffective of personality preservation and identity capability