Dear Bernard,
Pursuant to your below e-mail, please find the information on the steps/ actions required by the Thai Social Security Office and the Revenue Department as described below.
1. Steps/ actions required by the Thai Social Security Office
In order for Humanica to submit social security forms on behalf of Wells Fargo, Wells Fargo is required to submitted the following documents to the local competent Social Security Office:
1. Change of Employer’s Information Form (SorPorSor. 6-15)
Wells Fargo must notify the Social Security Office of the change of authorized signatory, whereby Humanica’s authorized signatory will be added in addition to Wells Fargo’s existing authorized signatory. In this regard, we have attached the form and its translation for your reference. The Thai version of this form should be submitted to the local competent Social Security Office by the 15th of the month following the change.
2. Power of Attorney (Social Security Office’s Form)
Wells Fargo is required to use the Social Security Office’s Form for Power of Attorney and affix the stamp duty of Baht 30. Please note that any matter for which Wells Fargo does not wish to grant authority to Humanica in relation to the social security may be crossed out.
In this regard, we have attached the form and its translation for your reference.
The documents in 1.1 and 1.2 are to be submitted to the Social Security Office along with other supporting documents e.g. company’s certification documents, copies of passport or personal ID card of the grantor and grantee (in accordance with the Power of Attorney). The documents should be photocopied and the person who delivers the documents should ask the official who receives the documents to stamp a receipt acknowledgement into said photocopy for Wells Fargo and Humanica to keep as evidence of such submission.
The Social Security Office only requires that the documents are signed by the authorized directors of the company. The documents are not required to be notarized.
For your information, in practice, the Social Security officials may not check the signing person in the social security forms, except for the forms for notification of enrollment and termination of employee’s registration to the fund.
2. Steps/ actions required by the Thai Revenue Department
According to the current practice, Wells Fargo needs not submit a power of attorney authorizing Humanica to remit tax, or sign and submit forms to the Revenue Department. However, Wells Fargo could prepare one for its internal record.
In Thailand, there is no statutory form for Power of Attorney, therefore Wells Fargo could grant the authority to Humanica by using a letter format or in a document format (as provided in the attached). However, the document must contain the essential information which is granting of authority by an authorized person(s) or manager(s) of Wells Fargo in Thailand to Humanica to perform certain tasks on behalf of Wells Fargo e.g. to withhold employee’s wage tax, remit tax withheld and submit tax forms to the Revenue Department. Moreover, the document must be affixed with the stamp duty of Baht 30 in order to be usable as evidence in civil litigation. The document is not required to be notarized.
In this regard, we have prepared a draft Power of Attorney authorizing Humanica to handle certain tasks (to be specified by Wells Fargo or Humanica according to their agreements) and its translation for your consideration.
Should you have any questions, please let us know.