Power of Attorney Authorization of Complaint Filing Action
Mr. Sanguan Sithi, Head of Legal Department of the Company, filed a complaint with the Bang Rak Police Station officials, alleging that Mr. Wichai misappropriated 50,000 Baht of the Company s funds through a power of attorney. Only Mr. Sanguan, the Company s Managing Director, signed the power of attorney. Mr. Sithi could not sign the document. The Managing Director granted authority to the Head of Legal Department to file the complaint and pursue legal action on behalf of the Company. The Bang Rak Police Station refused to accept the complaint. The document Mr. Sanguan submitted to the police contained a power of attorney authorizing Mr. Sithi to file the complaint on behalf of the Company. When Mr. Sithi, the designated attorney-in-fact, presented this document and filed the complaint as he was authorized to do, this constituted a completed legal action. The fact that the document specified who was authorized to file the complaint and regarding what matter, and that the principal grantor had recorded this authorization, constituted a legally valid complaint. A legal entity s complaint in a criminal case is a proper exercise of its duty to protect its interests, even if the attorney-in-fact does not affix his signature. It was not required to be stipulated in the company s regulations to receive complaints ( / ).