Page:พรบ ใช้ ปพพ ๒๕๓๕.pdf/28

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

Volume 109, Issue 42
Page 28
Royal Gazette

8 April 2535

Section127.The item in the articles of incorporation of a foundation according to section 112(2) may only be amended in the following event:

(1)it is for enabling the fulfilment of the purposes of the foundation; or

(2)a change in circumstances causes the purposes of the foundation to be less beneficial or causes the purposes of the foundation to be incapable of fulfilment, and the amended purposes of the foundation are close to the original purposes of the foundation.

Section128.A registrar shall have the power to scrutinise and supervise the operation of affairs of a foundation in order that it conform to the law and the articles of incorporation of the foundation. For this purpose, the registrar or a competent authority authorised in writing by the registrar shall have the power—

(1)to issue a written order directing a director, official, employee, or representative of the foundation to give explanations or facts as to the affairs of the foundation, or summoning such person for interrogation, or requiring him to send or exhibit accounts and documents of the foundation for inspection;

(2)to enter an office of the foundation during the interval between sunrise and sunset in order to inspect the affairs of the foundation.

In executing paragraph 1, the registrar shall exhibit the identity card or the competent authority shall exhibit the identity card and the written authorisation from the registrar to the persons concerned.

Section129.In the event that any director of a foundation operates the affairs of the foundation in an erroneous manner resulting in impairment to the foundation, or operates them in violation of the law or the articles of incorporation of the foundation, or becomes deprived of the standing or behaviour suitable for the fulfilment of the purposes of the foundation, any registrar, public prosecutor, or interested person may request a court to order removing such director of the foundation.

In the event that the act under paragraph 1 is committed by the board of directors of the foundation or it appears that the board of directors fails to fulfil the purposes of the foundation without appropriate cause, any registrar, public prosecutor, or interested person may request a court to order removing the whole board of directors.

In the event that a court orders removing directors or the board of directors of a foundation according to paragraph 1 or paragraph 2, the court may appoint other persons as directors or board of directors of the foundation