Page 178 - Social Enterprise A New Business Paradigm for Thailand
P. 178

Chapter 6
                       Public Organizations and Social Enterprises in Thailand:


                                        Legal Developments and Business Incentives



               Social enterprises are businesses that incorporate social objectives into their operations. These
               organizations can take the form of non-profit entities, such as associations and foundations, which
               may  generate  income  to  support  their missions.  They  can also be  for-profit entities,  such  as
               companies  or  partnerships,  that  reinvest  profits  for  social  benefit.  Additionally,  there  are
               member-based  organizations  like  cooperatives  and  community  enterprises,  considered

               grassroots social enterprises. These entities generate income for the benefit of their members,
               contributing to economic and social development at the community level. Various types of public
               organizations have been established under different Thai laws, depending on their legal status,
               and many existed long before the enactment of the Social Enterprise Promotion Act, B.E. 2562
               (2019).

               In  this  chapter,  the  term  “social  enterprise”  is  used  broadly  to  refer  to  all  types  of  business
               organizations with social objectives, including those formally registered as social enterprises. The
               Social Enterprise Promotion Act, B.E. 2562 (2019) allows any legal entity under Thai law whose

               primary purpose is social to apply for registration as a social enterprise. Once registered, these
               entities are eligible for various benefits provided under this Act and related legislation. Thus,
               associations, foundations, cooperatives, community enterprises (if they hold legal entity status),
               as well as companies and partnerships that meet the legal criteria, are all eligible to apply for
               social enterprise registration. However, a key question remains: Do existing policies and laws offer
               sufficiently strong incentives to motivate public organizations or social investors to register or
               establish themselves as social enterprises?

               This  chapter  is  organized  into  two  parts.  The  first  part  explores  three  categories  of  social

               organizations commonly involved in social business:

               (1) Non-profit or non-revenue-sharing organizations, such as associations and foundations
               (2) Member-based organizations, such as cooperatives and community enterprises
               (3) For-profit or revenue-sharing organizations, such as legal partnerships and limited companies

               Part 2 focuses on social enterprises under the Social Enterprise Promotion Act, B.E. 2562 (2019).
               The  author  provides  an  overview  of  legal  developments,  government  benefits,  and  support
               mechanisms currently available to these three groups, aiming to address key questions: How are

               these  organizations  supported  differently?  Do  government  regulations  offer  meaningful



                                                                                                         145
   173   174   175   176   177   178   179   180   181   182   183