2 February 2010
TRADE ASSOCIATION, B.E. 2509
BHUMIPOL ADULYDEJ, REX.
Authorized Official Translation
Given on the 4th day of April, B.E. 2509 (1966);
Being the 21st Year of the Present Reign.
His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:
Whereas it is expedient to have a law on trade associations,
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 "Trade Association 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 inconsistent with the provisions of, this Act, shall be replaced by this Act.
* English translation approved by the Office of Juridical Council
** Published in the Government Gazette, Vol.83, Part 38, dated 26th April, B.E. 2509 (1996)
Section4. In this Act:
"trade association" means an institution established by several presons, who are engaged in enterprises, for the promotion of the enterprises other than for sharing profit or income;
"person engaged in an enterprise" means a person who is engaged in a trading, industrial or financial business and includes a person who is engaged in any other business in economic field, as may be prescribed in a Ministerial Regulation;
"Registrar" means the Central Trade Association Registrar or the Changwat Trade Association Registrar, as the case may be;
"Official" 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.
Establishment of a Trade Association
Section 6. Subject to the law on co-operative societies, no persons engaged in enterprises shall agree to unite in order to promote the enterprises in any other ways except as a trade association under this Act.
Section 7. There shall be established a Central Trade Association Registration Office in the Department of Internal Trade, Ministry of Economic Affairs, to control the issue of a license and the registration of trade associations throughout the Kingdom, and also to function as the Trade Association Registration Office for Changwat Phra Nakhon and Changwat Thon Thonburi
There shall be established, in Changwat other than Changwat Para Nakhon and Changwat Thon Buri, the Changwat Trade Association Registration Office to be directly under the supervision of the Central Trade Association Registration Office.
The Director-General of the Department of Internal Trade shall be the Central Trade Association Registrar and the Trade Association Registrar for Changwat Phra Nakhon and Changwat Thon Buri, and the Governors of Changwat other than Changwat Phra Nakhon and Changwat Buri shall be the Changwat Trade Association Registrars.
Section 8. No person shall establish a trade association unless a license has been obtained from the Registrar.
* A branch of a trade association may not be established.
Section 9. In applying for a license, not less than three 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 economic 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 trade association license to the applicants, and shall thereafter register the trade association.
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 Trade Association Registrar shall publish the grant of a license to establish a trade association and the dissolution thereof in the Government Gazette.
Section 11. A trade association, which has been granted a license and registered, shall become a juristic person.
Section 12. If a trade association license is lost or destroyed, the trade association shall apply for a license substitute.