Translation:Act Amending the Penal Code (No. 16), 2499 BE
- The Act
- Preamble
- Section
- Statement of grounds
Act
Amending the Penal Code (No. 16),
2499 BE
Bhumibol Adulyadej R
Given on the 25th day of January 2499 BE
Being the 11th year of the present reign
Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:
Whereas it is appropriate to amend the Penal Code;
Therefore, by and with the advice and consent of the House of Representatives, He orders with His gracious pleasure that the following Act be enacted:
Section1.This Act is called the "Act Amending the Penal Code (No. 16), 2499 BE".
Section2.This Act shall come into force upon elapse of the time limit of one hundred and eighty days counted from the day of its publication in the Royal Gazette onwards.
Section3.The stipulations of section 346 of the Penal Code shall be repealed and replaced by the following stipulations:
"Section346.Whoever uses in a seal, nameplate, notice, letter, notification, or other document which relates to business a name or trade name with Thai characters stating hanghunsuan saman nitibukkhon[1] or hanghunsuan chamkat[2] or foreign characters bearing such a meaning, without having been registered as a juristic person, shall be held guilty and be punished with a fine of not over two thousand baht and an additional fine of not over twenty baht per day until he ceases using the said name or trade name."
Section4.The following stipulations shall be inserted in the Penal Code as section 346bis:
"Section346bis.Any ordinary partnership or limited partnership which has been registered as a juristic person and—
(1)neglects to use in a seal, nameplate, notice, letter, notification, or other document which relates to its business the term hanghunsuan saman nitibukkhon[1] or hanghunsuan chamkat,[2] whichever applies, in the case that its name is in Thai characters;
(2)neglects to use in a seal, nameplate, notice, letter, notification, or other document which relates to its business a term which, according to an announcement of the Ministry of Economy, means 'ordinary partnership with juristic personality' or 'limited partnership', whichever applies, in the case that its name is in foreign characters;
shall be held guilty and be punished with a fine of not over two thousand baht and an additional fine of not over twenty baht per day until it correctly complies with that which is designated in this section."
Section5.The stipulations of section 347 of the Penal Code shall be repealed and replaced by the following stipulations:
"Section347.Whoever uses in a seal, nameplate, notice, letter, notification, or other document a name or trade name with Thai characters stating borisat,[3] or chamkat,[4] or borisat chamkat,[5] or foreign characters bearing such a meaning, without having been lawfully registered and incorporated as a limited company, shall be held guilty and be punished with a fine of not over two thousand baht and an additional fine of not over twenty baht per day until he ceases using the said name or trade name, save where it is used in a registration application or prospectus."
Section6.The following stipulations shall be inserted in the Penal Code as section 347bis:
"Section347bis.Any limited company other than a bank, which—
(1)neglects to use the term borisat[3] in front of its name or chamkat[4] at the end of its name in a seal, nameplate, notice, letter, notification, or other document which relates to its business, in the case that its name is in Thai characters;
(2)neglects to use in a seal, nameplate, notice, letter, notification, or other document which relates to its business a term which, according to an announcement of the Ministry of Economy, means "limited company", in the case that its name is in foreign characters;
shall be held guilty and be punished with a fine of not over two thousand baht or an additional fine of not over twenty baht per day until it correctly complies with that which is designated in this section."
Field Marshal P Phibunsongkhram
Prime Minister
Note: The grounds for promulgation of this Act are as follows: At present, the uses of names by various shops are in confusion. For example, a shop which belongs to a single person and is not a partnership or company may use the term hanghunsuan[6] or borisat[3] in front of its name, or a shop which has been registered as an ordinary partnerships with juristic personality or limited partnership uses the term borisat in front of its name instead of prefixing it with the term hanghunsuan saman nitibukkhon[1] or hanghunsuan chamkat,[2] or uses its name alone without a term indicating the type of partnership, as a result of which a person sees its name and cannot tell if it belongs to a single person or it is any kind of partnership. This is due to the present Penal Code which merely requires a person who is not a limited company to refrain from using the term chamkat[4] at the end of the name and requires a person who is a limited company to use the term chamkat at the end of the name.
For the sake of orderliness and in order to allow the public to know immediately upon seeing the name of a shop that the shop belongs to a natural person or to a partnership or company with juristic personality, and that which kind of juristic personality it has if it be a partnership or company with juristic personality, that is to say, it is an ordinary partnership with juristic personality, or limited partnership, or limited company. And upon knowing which kind of partnership or company with juristic personality the shop is, the public may be able to further check with a partnerships and companies registry as to how the partnership or company has been registered, as to what objectives it has, who its partners or directors are, and who are authorised to sign various juristic acts on its behalf, for example. This may be one of the ways which help prevent the public from being deceived or mistaken about the status of various shops.
For these reasons, there should be a law requiring a person who is not a partnership or company with juristic personality to refrain from using a name or name prefix of a partnership or company with juristic personality in a manner which may cause mistake to the public, and requiring a person who has been registered as a partnership or company with juristic personality to also use a name prefix indicating the kind of its juristic personality.
Notes[edit]
- ↑ 1.0 1.1 1.2 Hanghunsuan saman nitibukkhon (Thai: ห้างหุ้นส่วนสามัญนิติบุคคล) means "ordinary partnership with juristic personality"
- ↑ 2.0 2.1 2.2 Hanghunsuan chamkat (Thai: ห้างหุ้นส่วนจำกัด) means "limited partnership"
- ↑ 3.0 3.1 3.2 Borisat (Thai: บริษัท) means "company".
- ↑ 4.0 4.1 4.2 Chamkat (Thai: จำกัด) means "limited".
- ↑ Borisat chamkat (Thai: บริษัทจำกัด) means "limited company".
- ↑ Hanghunsuan (Thai: ห้างหุ้นส่วน) means "partnership".
Bibliography[edit]
- "Phra Ratcha Banyat Kaekhaiphoemtoem Kotmai Laksana Aya (Chabap Thi Sip-hok) Phoso Song Phan Si Roi Kaosip Kao" [Act Amending the Penal Code (No. 16), 2499 BE]. (1956, 7 February). Ratchakitchanubeksa [Royal Gazette], 73(13A), 65–71. (In Thai).
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
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This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
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I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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