The type, category and calculation of the capital funds under (5) or (6) shall be in accordance with the rules, procedures and conditions prescribed by the Bank of Thailand.

For the capital funds under (1), (2), (3), (4), (5) and (6), the amount of money in the instrument under (6) of a commercial bank and any other companies which such company holds and any assets shall be deducted in accordance with the rules, procedures and conditions prescribed by the Bank of Thailand.

“Securities business”
“Business of brokerage for buying and selling of securities”
“Business of trading in securities”
“Business of providing investment advice”
“Business of managing sale of securities”
“Business of investment management”
“Securities” means:
(1) Treasury bills;
(2) Bonds;
(3) Shares, debentures, certificates representing the rights to shares or debentures, certificates representing the rights to buy shares or debentures, or certificates evidencing the subscriptions for shares or debentures;
(4) Certificates representing the rights to dividends or interests from securities;
(5) Instruments or evidences representing the rights to the property of investment plans issued by a person who engages in the business of investment management, whether locally or abroad;
(6) Other instruments as prescribed in ministerial regulations.

“Credit foncier business” means the credit foncier business of the following types”

(1) Business of credit foncier;
(2) Business of buying under contract of sale with a right of redemption;
(3) Other types of business concerning immovable property as prescribed in ministerial regulations.

“Business of credit foncier” means the business of lending money on the security of mortgage of immovable property in the ordinary course of business.

“Business of buying under contract of sale with a right of redemption” means the business of buying immovable property under contract of sale with a right of redemption in the ordinary course of business.

“Limited company” means a limited company under the provisions of the Civil and Commercial Code or a limited public company under the law on limited public companies.

“Company” means a finance company or a credit foncier company.

“Finance company” means a limited company which has obtained a license to engage in the finance business.
“Securities Company”

“Credit foncier company” means a limited company which has obtained a license to engage in the credit foncier business.

“Branch office” includes any office which is separate from the head office of a company and engages in any activity for the benefit of the company.

“License” means a license to engage in the finance business, or the credit foncier business.

“Manager” shall include Deputy Manager, Assistant Manager, Assistant Manager and any person holding an equivalent position which is called otherwise.

“Financial Institution”. means financial institutions under the law on the interest on lending of financial institutions.

“The Minister” means the Minister in charge of the enforcement of this Act.

Section 5. This Act shall not apply to financial institutions or juristic persons established under the provisions of a specific law.

Section 6. The Minister may delegate to the Bank of Thailand the authority to appoint officials of the Bank of Thailand as competent officers to act in accordance with this Act.

The appointment of competent officers under the first paragraph shall be published in the Government Gazette.

Section 6 bis. There shall be a committee consisting of the Permanent Secretary for Finance as chairman, the Deputy Governor of the Bank of Thailand as deputy chairmen, not more that five qualified persons appointed by the Cabinet as members of the committee, the Director of the Fiscal Policy Office as a member of the committee and secretary, and the Director of the Financial Institutions Supervision and Examination Department of the Bank of Thailand as a member of the committee and assistant secretary.

The committee under the first paragraph shall have the duty to give advice to the Bank of Thailand relating to the issuance of regulations and the undertaking of any measure which are within the power of the Bank of Thailand as provided in this Act.

Section 7. The Minister of Finance shall be in charge of the enforcement of this act and shall have power to:
(1) appoint competent officers;
(2) issue ministerial regulations setting fees not exceeding the rates shown in the list appended to this Act;
(3) issue ministerial regulations prescribing any other business to be a finance business or a credit foncier business;
(4) issue ministerial regulations prescribing rules, procedures or form of identification cards for competent officers;
(5) issue notifications under the provisions of this Act.

Such powers shall be exercised for the purpose of enforcement of the provisions of this Act.

Ministerial regulations under (3) shall also state the definition of the business so prescribed and may also prescribe rules and conditions for the undertaking of such business.

Ministerial regulations and notifications shall take effect after their publication in the Government Gazette.

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