Page:พรบ ใช้ ปพพ ๒๕๓๕.pdf/25

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Volume 109, Issue 42
Page 25
Royal Gazette

8 April 2535

order the applicant to effect rectification or modification correctly. Once rectification or modification has been effected correctly, he shall grant the registration and issue a certificate of registration to the foundation.

If the registrar finds it unable to grant the registration because the purposes of the foundation are not in line with section 110 or are contrary to the law or public good morals or may be harmful to public peace or state security, or the applicant fails to effect rectification or modification correctly within thirty days from the day he learns the order of the registrar, the registrar shall issue an order refusing the registration and without delay notify the applicant of the order together with the reasons for the refusal.

The applicant has the right to appeal the order of refusal to the Minister of Interior by filing a written appeal with the registrar within thirty days from the day he is notified of the order of refusal.

The Minister of Interior shall rule the appeal and notify the appellant of the ruling within ninety days from the day the registrar receives the written appeal. The ruling of the Minister of Interior shall be final.

Section116.Before the registrar grants the registration of a foundation, the applicant for establishment of the foundation has the right to withdraw the establishment of the foundation by filing a written application with the registrar. This right to withdraw the establishment of the foundation is not inheritable.

In the event that there are several persons applying for establishment of a foundation, if any of the applicants exercises the right to withdraw the establishment of the foundation, the application for establishment of the foundation shall terminate.

Section117.In the event that the applicant for establishment of a foundation died before the registrar grants the registration thereof, if the deceased did not make a testament cancelling the establishment of the foundation for which the application was made, the application for establishment of the foundation filed by the deceased with the registrar shall continue to be in effect, and an heir, or the inheritance manager,[1] or the person authorised by the deceased shall further proceed with it as the applicant. If the said person fails to proceed with it within one hundred and twenty days from the day of the death of the applicant, an interested person or public prosecutor may further proceed with it as the applicant.

Section118.In the event that a testamentary disposition requires establishment of a foundation according to section 1676, the person who

  1. The Thai term phuchatkan moradok (Thai: ผู้จัดการมรดก; literally, "inheritance manager") can refer to either a will executor or estate administrator.