Section 27 ter. The provisions of the Civil and Commercial Code: Section 899
to Section 907, Section 911, Section 913 (1) and (2), Section 914 to Section 916, the first and
the third paragraph of Section 917, Section 918 to Section 922, Section 925, Section 926,
Section 938 to Section 942, Section 945, Section 946, Section 948< Section 949, Section 959,
Section 967, Section 971, Section 973, Section 986, Section 994 to Section 1000, Section
1006 to Section 1008, Section 1010 and Section 1011, Shall apply to the certificate of deposit
mutates mutants.
Section 28. A Finance company shall maintain liquid assets in proportion to the
money borrowed or received from the public to which the finance company is under an
obligation to make repayment at not less than the ratio prescribed by the Bank of Thailand
with the approval of the Minister.
The prescription of the proportion under the first paragraph may relate to any
type of persons from which the finance company has borrowed or received money.
Liquid assets shall be those assets as prescribed by the Bank of Thailand.
In prescribing the liquid assets to be maintained, the Bank of Thailand may
specify a ratio of one type of liquid assets in relation to other types of liquid assets, or a ratio
to be applied to each type of finance business.
The Bank of Thailand may prescribe that the calculation of such liquid assets, or
a ratio to be applied to each type of finance business.
The Bank of Thailand may prescribe that the calculation of such liquid assets be
based on an average over any period of time.
Section 29. A Finance company shall maintain its capital funds in proportion to
its assets, liabilities or contingent liabilities in accordance with the rules, procedures and
conditions prescribed by the Bank of Thailand with the approval of the Minister.
Section 29 bis. A finance company shall maintain its registered capital and its
paid up capital in assets in accordance with the type, the procedure and the condition as
prescribed by the Bank of Thailand with the approval of the Minister.
Section 30 The Bank of Thailand with the approval of the Minister shall have
power to issue prescriptions to be complied with by finance companies concerning the
following matters;
(1) interests or discounts payable by a finance company in borrowing or
receiving money from the public;
(2) interests or discounts chargeable by a finance company;
(3) service charges which may be demanded by a finance company;
(4) benefits which may be demanded by a finance company in letting goods on
hire-purchase;
(5) security in the form of property which shall be demanded by a finance
company.
Any and all the monies, properties or other thing whose value can be assessed in
term of money which any person receives from a finance company or an officer or employee
of a finance company in the course of the company’s borrowing or receiving money, or which
a finance company or an officer or employee of a finance company receive in the course of the
carrying on of such business of the company, shall be regarded as interests or discounts,
service charges of benefits under the provisions of (1), (2), (3) or (4) as the case may be;
provided that service charges under (3) shall not be regarded as interests or discounts
chargeable by a finance company under (2).
The prescriptions under this Section may relate to any type of finance business
or any type of borrowing or receiving money from the public or any type of enterprises, or
may specify the method of calculation and the period of time for payment of collection of
payment.
Section 31. The Bank of Thailand with the approval of the Minister shall have
power to require that finance companies comply with the following prescriptions concerning
hire-purchases engaged in by finance companies which undertake the business of finance for
disposition and consumption or the business of finance for housing:
(1) the amount of first payment and subsequent installments to be in certain
proportion to the total amount of money under each hire-purchase;
(2) the duration of hire-purchase;
(3) the procedure for making payment;
(4) the condition for the forfeiture of money already received and the
repossession of property under hire-purchase;
(5) the method of disclosing the benefits accrued to the finance companies.
Section 32. For the purpose of national development or rectification of any
adverse economic condition, the Bank of Thailand with the approval of the Minister shall have
power to require that a finance company complies with the prescriptions regulating the
following matters:
(1) the lending of money to any type of enterprises at not less than a prescribed
rate;
(2) the maximum amount of money which a finance company may lend to, or
may accept or give avail to bills arising from any type of enterprises, or the maximum amount
of money in which a finance company may make hire-purchase agreements;
(3) the maximum amount of money for which a finance company may make
hire-purchase agreements for any type of immovable or movable property and/or lend to
persons carrying on hire-purchase business of such type of immovable or movable property.
Section 33. The rates prescribed under Section 32(1) shall be in proportion to
the total amount of money which a finance company has borrowed and received from the
public at any time, and such rates prescribed shall not altogether amount to more than twenty
per cent of the said total amount of money.
The maximum amount of money prescribed under Section 32(2) may be in
proportion to the total amount of money which a finance company has lent and/or which a
finance company has accepted and given avail to bills, or the total amount of money for which
a finance company has made hire-purchase agreements, and which is still outstanding a any
time, or in proportion to the capital funds of a finance company or to the total amount of
money which a finance company has borrowed and received from the public at any time.
The maximum amount of money prescribed under Section 32(3) may be in
proportion to the total amount of money which a finance company has made hire-purchase
agreements and/or which a finance company has lent to persons carrying on the business of
letting property amount of money for which a finance company has made hire-purchase
agreements for such type of immovable or movable property and/or has lent to persons
carrying on the business of letting such type of immovable or movable property on hire purchase agreements and which is still outstanding on a specified date, or in proportion to the
capital funds of a finance company.
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