21 January 2010

CHAMBER OF COMMERCE ACT , B.E.2509

_________

BHUMIBOL ADULYADEJ, REX.
Given on the 4th day of April, B.E.2509;
Being the 21st Year of the Present Reign.

Authorized Official Translation

His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that :

Whereas it is expedient to have a law on chambers of commerce,

Be it, therefore, enacted by the King, by and with the advice and consent of the Constituent Assembly in the capacity of the National Assembly, as follows :

Section 1. This Act is called the " Chamer of Commerce Act , B.E.2509 "

Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette.*

Section 3. All other laws, rules and regulations, in so far as they are already provided in, or are contrary to or in consistent with the provisions of, this Act, shall be replaced by this Act.

Chapter 1
General Provisions

Section 4. In this Act :
" chamber of commerce " means an institution established by several persons of the promotion of trade, industry, agriculture, finance or economy other than for sharing profit or income ;

" State enterprise " means a State enterprise under the law on Budgetary Procedure exclusively where it is a juristic person and its objects concern trade, industry, agriculture, finance or economy ;

" co - operative society " means a co - operative society under the law on co - operative societies exclusively where its objects concern trade, industry, agriculture, finance or economy ;

" Registrar " means the Central Chamber of Commerce Registrar or the Changwat Chamber of Commerce Registrar, as the case may be ;

" offcial " means a person appointed by the Minister to carry out this Act ;

" Minister " means the Minister of State having charge and control of the execution of this Act.

Section 5. The Minister of Economic Affairs shall have charge and control of the execution of this Act, and shall have the power to appoint officials and to issue Ministerial Regulations prescribing fees not exceeding the rates attached to this Act and prescribing other activities for the purpose of carrying out this Act.

Such Ministerial Regulations shall come into force upon their publication in the Government Gazette.

* Published in the Government Gazette, Vol.83, Part 38, dated 26th April, B.E.2509 (1996)

Chapter 2
Establishment of a Chamber of commerce

Section 6. Chambers of commerce are of categories, as follow :
(1) Changwat chamber of commerce;
(2) Thai chamber of commerce;
(3) Foreign chamber of commerce;
(4) Council of the Chambers of Commerce of Thailand.

Section 7. There shall be established a Central Chamber of Commerce Registration Office in the Department of Internal trade, Ministry of Economic Affairs, in order to control the issue of a license and the registration of chambers of commerce throughout the Kingdom, and also to function as the Chamber of Commerce registration office for Changwat phra nakorn and Changwat Thon Buri.

There shall be established, in Changwat other than Changwat Phra Nakorn and Changwat Thon Buri, the Changwat Chamber of Commerce Registration Office to be directly under the supervision of the Central Chamber of commerce Registration of Office.

The Director - General of the Department of Internal Trade shall be the Central Chamber of Commerce Registrar and the Chamber of Commerce Registrar for Changwat Phra Nakorn and Changwat Thon Buri, and the Governors of Changwat other than Changwat Phra Nakorn and Changwat Thon Buri shall be the Changwat Chamber of Commerce Registrars.

Section 8. No person shall establish a chamber of commerce unless a license has been obtained from the Registrar.
A branch of a chamber of commerce may not be established.

Section 9. In applying for a license, not less than five promoters shall file an application with the Registrar in accordance with the requirements and procedures prescribed in the Ministerial Regulation.

Section 10. When the Registrar has received an application for a license and , having considered the application, he is of the opinion that no regulation is contrary to the law, is a threat to the economy or security of the country or public order or good morals, and that the promoters are of good status and conduct, he shall grant and issue a chamber of commerce license to the applicants and shall thereafter register the chamber of commerce.

If the Registrar gives an order of refusal, he shall notify the applicants of the order, in writing, without delay. The applicants have a right to appeal against the order by filing an appeal, in writing, with the Minister within fifteen days from the day of the receipt of the notification thereof. The decision of the Minister shall be final.

The Central Chamber of Commerce Registrar shall publish the grant of a license to establish a chamber of commerce and the dissolution thereof in the Government Gazette

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