Chapter 5
Dissolution of a Trade Association
Section 37. A trade association is dissolved upon any of the following causes :
(1) if its regulations prescribe for the dissolution in an event, upon the occurrence of such event ;
(2) if it is established for a specific period of time, upon the expiration of such period of time;
(3) upon the resolution of the general meeting for its dissolution ;
(4) upon being bankrupt ;
(5) upon the order of the Minister under section 36 for its dissolution.
The trade association dissolved under (1), (2), (3) or (4) shall notify the Registrar of the dissolution within a period of fifteen days from the day of the occurrence of the cause for its dissolution.
Section 38. Subject to section 10 paragraph three, when a trade association is dissolved upon any cause specified in section 37, the Registrar shall revoke the license and delete the name of the trade association from the Register. In such a case, it shall be deemed that the trade association may continue to act only as far as it is necessary for the purpose of liquidation.
Section 39. The provisions of the Civil and Commercial Code on the liquidation of registered partnerships, limited partnerships and limited companies shall apply mutatis mutandis to the liquidation of a trade association dissolved under section 37.
Section 40. After the liquidation, the remaining property, if any, may not be distributed among the members of the trade association. Such property must be transferred to another juristic person the object of which concern a public charity specified in the regulations of the trade association If no juristic person is specified, it shall be transferred to any juristic person the objects of which concern a public charity, as may be resolved by the general meeting. In cases other than as mentioned above, the remaining property shall vest in the State.
Chapter 6
Penalties
Section 41. Any person who violates section 8 shall be liable to imprisonment for not more than one year or to a fine of not more than ten thousand Baht or to both.
Section 42. Any person who is a member of a trade association not licensed under section 8 shall be liable to a fine of not more tan two thousand Baht.
Section 43. Any trade association which violates sections 14 shall be liable to a fine of Not more than ten thousand Baht.
Section 44. Any person who violates section 15 shall be liable to a fine of not more than one thousand Baht and an additional fine of not more than fifty Baht a day until rectification is made.
Section 45. Any person who violates section 16 shall be liable to a fine of not more than two thousand Baht and an additional fine of not more than fifty Baht a day until cessation of such use.
Section 46. Any person who fails to comply with the order of the Registrar under section 17 or section 24, or fails to comply with section 25 paragraph four, shall be liable to a fine of not more than one thousand Baht.
Section 47. Any trade association which refuses to allow its member to examine the activities and property of such trade association under section 20 shall be liable to a fine of not more than one thousand Baht.
Section 48. Any trade association which violates section 22 or section 23 shall be liable to a fine of not more than fifty thousand Baht.
Section 49. Any director of a trade association who violates section 22, or does an act contrary to its objectives and such act is a threat to the economy or security of the country, or to public oder or good morals, shall be liable to a fine of not more than thirty thousand Baht.
Section 50. Any trade association which violates section 26, section 27, section 28, section 29 or section 30 paragraph one, shall be liable to a fine of not more than one thousand Baht.
Section 51. Any person who fails to comply with the order of the Registrar under section 32 or section 34 paragraph one or paragraph two, shall be liable to a fine of not more than two thousand Baht.
Section 52. Any person who violates section 33, or remains director or a member of a trade assoiation which has been dissolved under section 37 or section 55 paragraph three, shall be liable to imprisonment for not more than two years or to a fine of not more than twenty thousand Baht or to both.
Section 53. any trade association which violates section 37 paragraph two, or fails to comply with section 39, shall be liable to a fine of not more than one thousand Baht.
Section 54. Any person who violates section 40 shall be liable to imprisonment for not more than one year or to a fine of not more than ten thousand Baht or to both.
Transitory Provisions
Section 55. Every association registered under the Civil and Commercial Code prior to the day this Act comes into force, which has the same characteristic or objects as those of a trade association, must, if it wishes to become a trade association under this Act, apply for a trade association license within a period of ninety days from the day this Act comes into force. And when it has been licensed as a trade association under this Act, the Regstrar of Associations under the Civil and Commercial Code shall delete the name of such association from the Register of Associations.
All the property and liabilities of an association having the same characteristics or object as those of a trade association licensed and registered under this Act, shall be transferred to the newly established trade association.
If an association having the same characteristics and object as those of a trade association registered as an association under the Civil and Commercial Code, does not apply for a trade association license under this Act within the period of time mentioned in paragraph one, it shall be deemed dissolved, and the Registrar of Associations under the Civil and Commercial Code shall delete the name of such association from the Registrar of Association.
If an association is dissatisfied with the order of the Registrar under the Civil and Commercial code to have its name deleted from the Register of Associations, it has a right to appeal against such order, by filing a written appeal with the Minister within a period of fifteen days from the day of the receipt of the order. The decision of the Minister shall be final.
Countersigned by :
Field Marshal Thanom Kittikachorn
Prime Minister
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