Shares Stolen? Named as a Shareholder Without Consent? Here’s What to Do!

Understanding Shareholder Rights and Legal Remedies When Your Rights Are Violated

In the business world, owning “shares” means having a stake in a company—whether small or large. Shareholders have both rights and responsibilities under the law. However, problems often arise, such as being named as a shareholder without knowing, or suddenly finding that your name has disappeared from the shareholder list without explanation.

If you suspect you’re in one of these situations, this article will help you understand your legal rights and what actions to take.

What is a Share?

A share represents ownership in a company, especially a limited company or public limited company. Shareholders are entitled to dividends, voting rights at shareholder meetings, access to certain documents, and the right to claim benefits proportional to their shareholding.

Common Shareholder Problems

1. Being Named a Shareholder Without Consent
You may be shocked to discover your name listed as a shareholder in a company you’ve never dealt with. This often happens when someone uses your personal information (e.g., copy of ID card, house registration) to register a company without your knowledge or consent.

2. Name Removed from the Shareholder List
On the other hand, some genuine investors find their names missing from the official shareholder register, possibly due to forged transfers, internal manipulation, or deliberate exclusion by the company.

What Can You Do Legally?

✅ Check Records with the Department of Business Development (DBD)
Visit the DBD website to verify your shareholder status or request copies of shareholder lists (Form BorJor.5). If you find your name wrongly added or missing without cause, follow these steps:

If You Were Wrongfully Listed as a Shareholder

🔹 File a Police Report
Report the unauthorized use of your identity at your local police station. This report will serve as key evidence in any future legal proceedings.

🔹 Notify the Department of Business Development
File a complaint with the DBD and request a correction or cancellation. Attach evidence such as the police report, denial letter, and any documents misused without your permission.

🔹 Take Legal Action
If the case involves forgery or falsified signatures, consider filing a criminal case for document forgery and a civil case to claim damages or nullify the registration.

If Your Name Was Removed as a Shareholder

🔸 Gather Investment Evidence
Collect proof of your investment, such as fund transfer slips, share purchase contracts, or bond certificates.

🔸 Send a Written Request to the Company
Formally demand that the company correct the shareholder list and attach your investment evidence.

🔸 File a Petition with the Court
If the company refuses to cooperate, you may file a petition with the court to compel the company to correct its records and legally recognize your shareholder rights.

Legal Penalties

Forgery or unauthorized removal of shareholder names may constitute criminal offenses under Thai law:

• Document forgery (Section 264 of the Penal Code)
• Using forged documents (Section 268)
• Fraud (Section 341)

Penalties may include imprisonment, fines, or both.

Protect Yourself from Becoming a Victim

• Never hand over sensitive documents (ID card, house registration) unnecessarily.
• Regularly check your shareholder status, especially if involved in business dealings.
• Consult a lawyer immediately if anything seems suspicious.

Don’t Lose Your Legal Rights—Seek Legal Help

Shares are not just pieces of paper—they represent your rights and financial stake. If your name was added or removed without your consent, take immediate legal steps. These issues can lead to serious legal and financial consequences if ignored.

If you suspect you’re a victim of shareholder fraud or rights violation, consult a lawyer without delay. >>Contact Us<<