Translation:Act Amending Legal Provisions Relating to Criminal Liability of Juristic Person Representatives, 2560 BE

by National Legislative Assembly of Thailand (2014)

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Seal of the Royal Command

Act
Amending Legal Provisions Relating to
Criminal Liability of Juristic Person Representatives,
2560 BE

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Somdet Phra Chaoyuhua
Maha Vajiralongkorn
Bodindradebayavarangkun
Given on the 10th day of February 2560 BE
Being the 2nd year of the present reign

King Maha Vajiralongkorn Bodindradebayavarangkun is pleased to give a Royal Command that it be announced as follows:

Whereas it is appropriate to amend legal provisions relating to criminal liability of juristic person representatives;

Therefore, by and with the advice and consent of the National Legislative Assembly, He is graciously pleased to enact the following Act:

Section1.This Act is called the Act Amending Legal Provisions Relating to Criminal Liability of Juristic Person Representatives, 2560 BE.

Section2.This Act shall enter into operation from the day following the day of its publication in the Royal Gazette onwards.

Section3.The dispositions of the following sections of seventy-six legal codes, acts, and emergency decrees shall respectively be repealed and replaced by the dispositions contained in the schedule hereto annexed:

(1)		section 12quater of the Control of Sale by Auction of and Trade in Antiques Act, 2474 Buddhist Era, as amended by the Control of Sale by Auction of and Trade in Antiques Act (No 5), 2535 BE;
(2)		section 35bis of the Revenue Code, as amended by the Revenue Code Amendment Emergency Decree (No 11), 2525 BE; and section 90/5 of the Revenue Code, as amended by the Revenue Code Amendment Act (No 30), 2534 BE;
(3)		section 62ter of the Thai Vessels Act, 2481 Buddhist Era, as amended by the Thai Vessels Act (No 5), 2534 BE;
(4)		section 118 of the Air Navigation Act, 2497 BE, as amended by the Air Navigation Act (No 11), 2551 BE;
(5)		section 25 of the Act Designating Offences Relating to Registered Partnerships, Limited Partnerships, Limited Companies, Associations, and Foundations, 2499 BE, as amended by the Act Designating Offences Relating to Registered Partnerships, Limited Partnerships, Limited Companies, Associations, and Foundations (No 2), 2535 BE;
(6)		section 28/4 of the Service Establishments Act, 2509 BE, as amended by the Service Establishments Act (No 4), 2546 BE;
(7)		section 39bis of the Signboard Tax Act, 2510 BE, as amended by the Signboard Tax Act (No 2), 2534 BE;
(8)		section 33 of the War Veterans Organisation of Thailand Act, 2510 BE;
(9)		section 76 of the Petroleum Income Tax Act, 2514 BE;
(10)		section 72/5 of the Fertilisers Act, 2518 BE, as amended by the Fertilisers Act (No 2), 2550 BE;
(11)		section 83 of the Immigration Act, 2522 BE;
(12)		section 88 of the Patents Act, 2522 BE;
(13)		section 38 of the Child Adoption Act, 2522 BE;
(14)		section 71 of the Condominiums Act, 2522 BE, as amended by the Condominiums Act (No 4), 2551 BE;
(15)		section 59 of the Consumer Protection Act, 2522 BE;
(16)		section 72 of the Building Control Act, 2522 BE;
(17)		section 32 of the Compensation of Tax and Duty on Exported Goods Produced in the Kingdom Act, 2524 BE;
(18)		section 23 of the Control of Goods Around Borders Emergency Decree, 2524 BE;
(19)		section 76 of the Sugarcane and Granulated Sugar, 2527 BE;
(20)		section 15 of the Emergency Decree on the Taking of Loans Which Constitutes Public Fraud, 2527 BE, as amended by the Emergency Decree on the Taking of Loans Which Constitutes Public Fraud, 2527 BE, Amendment Act (No 2), 2545 BE;
(21)		section 92 of the Employment Arrangements and Protection of Workseekers Act, 2528 BE;
(22)		section 41 of the Provident Fund Act, 2530 BE;
(23)		section 101 of the Social Security Act, 2533 BE;
(24)		section 26 of the Rotating Savings and Credit Associations Act, 2534 BE;
(25)		section 48/1 of the Civil Registration Act, 2534 BE, as amended by the Civil Registration (No 2) Act, 2551 BE; and section 49 of the Civil Registration Act, 2534 BE;
(26)		section 59 of the Wildlife Conservation and Protection Act, 2535 BE;
(27)		section 60 of the Energy Conservation Promotion Act, 2535 BE;
(28)		section 111 of the National Environmental Quality Promotion and Conservation Act, 2535 BE;
(29)		section 87/2 of the Hazardous Substances Act, 2535 BE, as amended by the Hazardous Substances Act (No 3), 2551 BE;
(30)		section 63 of the Factories Act, 2535 BE;
(31)		section 114 of the Life Insurance Act, 2535 BE, as amended by the Life Insurance Act (No 2), 2551 BE;
(32)		section 108 of the Casualty Insurance Act, 2535 BE, as amended by the Casualty Insurance Act (No 2), 2551 BE;
(33)		section 39 of the Thai National Shippers’ Council Act, 2537 BE;
(34)		section 74 of the Copyright Act, 2537 BE;
(35)		section 89 of the Government Pension Fund Act, 2539 BE;
(36)		section 13 of the Asset Management Companies Emergency Decree, 2541 BE, as amended by the Asset Management Companies Emergency Decree, 2541 BE, Amendment Act, 2550 BE;
(37)		section 42 of the Act on Prices of Goods and Services, 2542 BE;
(38)		section 61 of the Prevention and Suppression of Money Laundering Act, 2542 BE;
(39)		section 88 of the Weights and Measures Act, 2542 BE;
(40)		section 69 of the Plant Variety Protection Act, 2542 BE;
(41)		section 82 of the Protection and Promotion of Traditional Thai Medical Wisdom Act, 2542 BE;
(42)		section 74 of the Engineers Act, 2542 BE;
(43)		section 78 of the Fuel Control Act, 2542 BE;
(44)		section 74 of the Architects Act, 2543 BE;
(45)		section 43 of the Land Digging and Land Filling Act, 2543 BE;
(46)		section 40 of the Accountancy Act, 2543 BE;
(47)		section 52 of the Integrated Circuit Layout Design Protection Act, 2543 BE;
(48)		section 66 of the Land Allocation Act, 2543 BE;
(49)		section 18 of the Management of Partnerships and Shares of Ministers Act, 2543 BE;
(50)		section 60 of the Fuel Trade Act, 2543 BE;
(51)		section 86 of the Mass Rapid Transit Authority of Thailand Act, 2543 BE;
(52)		section 41 of the Thai Health Promotion Foundation Act, 2544 BE;
(53)		section 78 of the Telecommunications Business Act, 2544 BE;
(54)		section 46 of the Act on Electronic Transactions, 2544 BE;
(55)		section 64 of the Cremation Welfare Act, 2545 BE;
(56)		section 135 of the Advance Purchase Contract Act, 2546 BE;
(57)		section 115 of the Private Higher Education Institutions Act, 2546 BE;
(58)		section 42 of the Geographical Indication Protection Act, 2546 BE;
(59)		section 72 of the Accounting Profession Act, 2547 BE;
(60)		section 36 of the Manufacturing of Compact Disc Products Act, 2548 BE;
(61)		section 77 of the Multimodal Transport Act, 2548 BE;
(62)		section 60 of the Private Weapon Manufacturing Factories Act, 2550 BE;
(63)		section 141 of the Energy Business Act, 2550 BE;
(64)		section 153 of the Private Schools Act, 2550 BE;
(65)		section 80 of the Trusts for Transactions in Capital Market Act, 2550 BE;
(66)		section 54 of the Thai Public Broadcasting Service Act, 2551 BE;
(67)		sections 132 and 139 of the Financial Institution Business Act, 2551 BE;
(68)		section 62 of the Fossil Protection Act, 2551 BE;
(69)		sections 65 and 66 of the Deposit Protection Agency Act, 2551 BE;
(70)		section 50 of the Escrow Act, 2551 BE;
(71)		section 76 of the Agricultural Product Standards Act, 2551 BE;
(72)		section 58 of the National Standardisation Act, 2551 BE;
(73)		section 85 of the Films and Videos Act, 2551 BE;
(74)		section 122 of the Medical Devices Act, 2551 BE;
(75)		section 48 of the Homeworker Protection Act, 2553 BE;
(76)		section 62 of the National Savings Fund Act, 2554 BE.

Countersignature
General Prayut Chan-o-cha
Prime Minister

Schedule
Annexed to the Act Amending Legal Provisions Relating to
Criminal Liability of Juristic Person Representatives, 2560 BE

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1. Control of Sale by Auction of and Trade in Antiques Act, 2474 Buddhist Era

“Section12quater.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

2. Revenue Code

“Section35bis.Whoever contravenes section 12bis shall be punished with imprisonment of not over two years and a fine of not over two hundred thousand baht.

In the event that a juristic person commits the offence under paragraph 1 and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided in paragraph 1 also.”

“Section90/5.In the event that a juristic person commits an offence under this Chapter and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

3. Thai Vessels Act, 2481 Buddhist Era

“Section62ter.In the event that a juristic person commits the offence under section 62bis and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided in section 62bis also.”

4. Air Navigation Act, 2497 BE

“Section118.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

5. Act Designating Offences Relating to Registered Partnerships, Limited Partnerships, Limited Companies, Associations, and Foundations, 2499 BE

“Section25.In the event that any limited company commits any of the offences under sections 7 to 24 and the offence committed by the limited company is the result of an order given or act done by any director, manager, or person responsible for the operation of such limited company, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the limited company to commit the offence, he shall be punished with a fine of not over fifty thousand baht.”

6. Service Establishments Act, 2509 BE

“Section28/4.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

7. Signboard Tax Act, 2510 BE

“Section39bis.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

8. War Veterans Organisation of Thailand Act, 2510 BE

“Section33.Whoever uses a name or statement not for the business of the War Veterans Organisation of Thailand or without written permission from the War Veterans Organisation of Thailand, in a manner likely to cause the public to misunderstand that the business in question belongs to the War Veterans Organisation of Thailand or pertains to the business of the War Veterans Organisation of Thailand, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.

When any juristic person which is not a ministry, subministry, or department, or has no written permission from the War Veterans Organisation of Thailand, uses the term ‘War Veterans Organisation of Thailand’, ‘veteran’, ‘war veteran’, ‘ex-service’, or ‘military’ as its name or part of its name, and such wrongful act committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or when the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the wrongful act, he is required to undergo the punishment provided in paragraph 1 also.”

9. Petroleum Income Tax Act, 2514 BE

“Section76.In the event that any company commits an offence and the offence committed by the company is the result of an order given or act done by any director, manager, or person responsible for the operation of such company, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the company to commit the offence, he is required to undergo the punishment provided for such offence also.

10. Fertilisers Act, 2518 BE

“Section72/5.In the event that a juristic person commits an offence, except that under section 72/2, and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such company, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

11. Immigration Act, 2522 BE

“Section83.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such company, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

12. Patents Act, 2522 BE

“Section88.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such company, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

13. Child Adoption Act, 2522 BE

“Section38.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such company, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

14. Condominiums Act, 2522 BE

“Section71.Any condominium juristic person which contravenes or fails to comply with section 38/1, 38/2, or 38/3 shall be punished with a fine of not over ten thousand baht.

In the event that a condominium juristic person commits the offence under paragraph 1 and the offence committed by the condominium juristic person is the result of an order given or act done by the manager of such condominium juristic person, or in the event that the manager of such condominium juristic person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the condominium juristic person to commit the offence, he is required to undergo the punishment provided in paragraph 1 also.”

15. Consumer Protection Act, 2522 BE

“Section59.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

16. Building Control Act, 2522 BE

“Section72.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

17. Compensation of Tax and Duty on Exported Goods Produced in the Kingdom Act, 2524 BE

“Section32.In the event that a juristic person commits the offence under section 30 or 31 and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

18. Control of Goods Around Borders Emergency Decree, 2524 BE

“Section23.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

19. Sugarcane and Granulated Sugar, 2527 BE

“Section76.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

20. Emergency Decree on the Taking of Loans Which Constitutes Public Fraud, 2527 BE

“Section15.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.

The disposition of paragraph 1 shall also apply to staff members or employees of the juristic person whom evidence shows to have been responsible for the operation of the juristic person.”

21. Employment Arrangements and Protection of Workseekers Act, 2528 BE

“Section92.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

22. Provident Fund Act, 2530 BE

“Section41.In the event that a fund committee commits the offence under section 34 and the offence committed by the fund committee is the result of an order given or act done by any of its members, or in the event that the mentioned member has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the fund committee to commit the offence, he is required to undergo the punishment provided for such offence also.”

23. Social Security Act, 2533 BE

“Section101.In the event that a juristic person committed an offence and was punished and the offence committed by the juristic person was the result of an order given or act done by any of its members, or in the event that the mentioned member had the duty to give an order or do an act and omitted to give the order or do the act, thereby causing the fund committee to commit the offence, he is required to undergo the punishment provided for such offence also.”

24. Rotating Savings and Credit Associations Act, 2534 BE

“Section26.In the event that a juristic person commits the offence under section 5 or 8 and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he shall be punished with imprisonment of not over one year, or a fine of not over three hundred thousand baht, or both the imprisonment and the fine.”

25. Civil Registration Act, 2534 BE

“Section48/1.Whoever contravenes section 15, paragraph 4, shall be punished with imprisonment from six months to five years and a fine from ten thousand baht to one hundred thousand baht.

In the event that a public entity or state agency commits the offence under paragraph 1 and the offence committed by the public entity or state agency is the result of an order given or act done by the head of the public entity or state agency, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the public entity or state agency to commit the offence, the head of the public entity or state agency is required to undergo the punishment provided for such offence also.

Section49.Whoever contravenes section 17 shall be punished with imprisonment of not over six months, or a fine of not over twenty thousand baht, or both the imprisonment and the fine.

In the event that a juristic person commits the offence under paragraph 1 and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

26. Wildlife Conservation and Protection Act, 2535 BE

“Section59.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

27. Energy Conservation Promotion Act, 2535 BE

“Section60.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

28. National Environmental Quality Promotion and Conservation Act, 2535 BE

“Section111.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

29. Hazardous Substances Act, 2535 BE

“Section87/2.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, expert, specialist, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

30. Factories Act, 2535 BE

“Section63.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

31. Life Insurance Act, 2535 BE

“Section114.In the event that any company commits the offence under section 23, 28, 36, or 51, paragraph 1, or gives false information or conceals the truth which needs to be indicated clearly or explained according to section 45, and the mentioned offensive act committed by the juristic person is the result of an order given by or act done by any director, manager, or person responsible for the operation of such company, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the company to commit the offensive act, he shall be punished with imprisonment of not over one year, or a fine of not over one hundred thousand baht, or both the imprisonment and the fine.”

32. Casualty Insurance Act, 2535 BE

“Section108.In the event that any company commits the offence under section 23, 28, 35, or 57, paragraph 1, or gives false information or conceals the truth which needs to be indicated clearly or explained according to section 49, or fails to stop providing casualty insurance temporarily according to section 52, paragraph 1, and the mentioned offensive act committed by the juristic person is the result of an order given by or act done by any director, manager, or person responsible for the operation of such company, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the company to commit the offensive act, he shall be punished with imprisonment of not over one year, or a fine of not over one hundred thousand baht, or both the imprisonment and the fine.”

33. Thai National Shippers’ Council Act, 2537 BE

“Section39.In the event that the Council committed an offence and was punished and the offence committed by the Council was the result of an order given or act done by any Member of the Council, or in the event that any Member of the Council had the duty to give an order or do an act and omitted to give the order or do the act, thereby causing the Council to commit the offence, such Member shall be punished with a fine of not over fifty thousand baht.”

34. Copyright Act, 2537 BE

“Section74.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

35. Government Pension Fund Act, 2539 BE

“Section89.Whoever has been authorised to manage the Fund and fails to comply with section 85 shall be punished with a fine of not over one million baht and an additional fine of not over one hundred thousand baht per day until he correctly complies therewith.

In the event that any person who has been authorised to manage the Fund commits the offence under paragraph 1 and the offence committed by such person authorised to manage the Fund is the result of an order given or act done by any director, manager, or person responsible for the operation of the person authorised to manage the Fund, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the person authorised to manage the Fund to commit the offence, he shall be punished with imprisonment of not over three years, or a fine of not over one million and five hundred thousand baht, or both the imprisonment and the fine.”

36. Asset Management Companies Emergency Decree, 2541 BE

“Section13.Any asset management company which contravenes or fails to comply with section 4/1, paragraph 1, section 10, section 11, or section 11/1, paragraph 2, or contravenes or fails to comply with the criteria, orders, or conditions designated according to section 4/1, paragraph 2, section 5, section 10, section 11, section 11/1, paragraph 1, or section 12, shall be punished with a fine of not over three hundred thousand baht and an additional fine of not over three thousand baht per day throughout the time it is still not correctly complied with.

In the event that any asset management company commits the offence under paragraph 1 and the offence committed by such asset management company is the result of an order given or act done by any director, manager, or person responsible for the operation of the asset management company, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the asset management company to commit the offence, he shall be punished with imprisonment of not over three years, or a fine of not over three hundred thousand baht, or both the imprisonment and the fine.”

37. Act on Prices of Goods and Services, 2542 BE

“Section42.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

38. Prevention and Suppression of Money Laundering Act, 2542 BE

“Section61.Any juristic person which commits the offence under section 5, 7, 8, or 9 shall be punished with a fine from two hundred thousand baht to one million baht.

In the event that the offence committed by the juristic person according to paragraph 1 is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he shall be punished with imprisonment from one year to ten years, or a fine from twenty thousand baht to two hundred thousand baht, or both the imprisonment and the fine.”

39. Weights and Measures Act, 2542 BE

“Section88.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

40. Plant Variety Protection Act, 2542 BE

“Section69.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

41. Protection and Promotion of Traditional Thai Medical Wisdom Act, 2542 BE

“Section82.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

42. Engineers Act, 2542 BE

“Section74.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

43. Fuel Control Act, 2542 BE

“Section78.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

44. Architects Act, 2543 BE

“Section74.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence and the juristic person shall be punished with a fine not exceeding ten times of the fine rate governing such offence also.”

45. Land Digging and Land Filling Act, 2543 BE

“Section43.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

46. Accountancy Act, 2543 BE

“Section40.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

47. Integrated Circuit Layout Design Protection Act, 2543 BE

“Section52.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

48. Land Allocation Act, 2543 BE

“Section66.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

49. Management of Partnerships and Shares of Ministers Act, 2543 BE

“Section18.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

50. Fuel Trade Act, 2543 BE

“Section60.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

51. Mass Rapid Transit Authority of Thailand Act, 2543 BE

“Section86.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

52. Thai Health Promotion Foundation Act, 2544 BE

“Section41.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

53. Telecommunications Business Act, 2544 BE

“Section78.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

54. Act on Electronic Transactions, 2544 BE

“Section46.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

55. Cremation Welfare Act, 2545 BE

“Section64.In the event that a cremation welfare association fails to comply with section 16, paragraph 1, section 17, section 20, section 36, section 37, section 38, or section 39, or contravenes section 30 or section 31, and the offence committed by the cremation welfare association is the result of an order given or act done by any member of its committee, or in the event that the mentioned member has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the cremation welfare association to commit the offence, the member shall be punished with a fine of not over ten thousand baht.”

56. Advance Purchase Contract Act, 2546 BE

“Section135.In the event that a juristic person commits the offence under section 126, 127, 128, 129, 130, 131, 133, or 138, and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he shall be punished with imprisonment of not over one year, or the fine provided for such offence, or both the imprisonment and the fine.”

57. Private Higher Education Institutions Act, 2546 BE

“Section115.Any private higher education institution which fails to comply with section 74 or 75 shall be punished with a fine of not over one million baht.

In the event that any private higher education institution commits the offence under section 74 or 75 and the offence committed by the private higher education institution is the result of an order given or act done by a member of its council, its president, or any person responsible for its operation, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing it to commit the offence, he is required to undergo the punishment provided for such offence also.”

58. Geographical Indication Protection Act, 2546 BE

“Section52.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

59. Accounting Profession Act, 2547 BE

“Section72.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

60. Manufacturing of Compact Disc Products Act, 2548 BE

“Section36.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

61. Multimodal Transport Act, 2548 BE

“Section77.In the event that an offender being required to undergo the punishment under section 70 or 71 is a juristic person and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

62. Private Weapon Manufacturing Factories Act, 2550 BE

“Section60.In the event that a permit or permission recipient under section 33, who is a juristic person, commits an offence, and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

63. Energy Business Act, 2550 BE

“Section141.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

64. Private Schools Act, 2550 BE

“Section153.In the event that a permit recipient who is a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

65. Trusts for Transactions in Capital Market Act, 2550 BE

“Section80.Whoever gives a false statement to a competent officer when such falsehood is material to a scrutiny or activity under this Act shall be punished with imprisonment of not over one year, or a fine of not over one hundred thousand baht, or both the imprisonment and the fine.

In the event that the person giving a false statement to a competent officer according to paragraph 1 is a trustee and the offence committed by the trustee is the result of an order given or act done by any director, manager, or person responsible for the operation of such trustee, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the trustee to commit the offence, he shall be punished with imprisonment of not over two years, or a fine of not over two hundred thousand baht, or both the imprisonment and the fine.”

66. Thai Public Broadcasting Service Act, 2551 BE

“Section54.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

67. Financial Institution Business Act, 2551 BE

“Section132.In the event that a juristic person commits the offence under section 121 or 123 and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.

Subject to section 139, in the event that a financial institution commits the offence under section 122, 124, 125, or 128, and the offence committed by the financial institution is the result of an order given or act done by a director of, manager of, or person with managing power over the financial institution, or any person responsible for the operation of the financial institution, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the financial institution to commit the offence, he is required to undergo the punishment provided for such offence also.”

“Section139.In the event that any financial institution contravenes or fails to comply with section 36, 50, 66, 80, 93, 94, or 95, or contravenes or fails to comply with an announcement, ordinance, criterion, or order made in accordance with section 9, paragraph 1, section 10, paragraph 1, or section 33, 36, 50, 66, 71, 80, 90, or 95, and the offence committed by the financial institution is the result of an order given or act done by a director of, manager of, or person with managing power over the financial institution, or any person responsible for the operation of the financial institution, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the financial institution to commit the offence, he shall be punished with imprisonment of not over one year, or a fine from five hundred thousand baht to one million baht, or both the imprisonment and the fine.”

68. Fossil Protection Act, 2551 BE

“Section62.In the event that a juristic person committed an offence and was punished and the offence committed by the juristic person was the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person had the duty to give an order or do any act and omitted to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

69. Deposit Protection Agency Act, 2551 BE

“Section65.Whoever, not being a financial institution, uses a message, mark, or symbol to show that his own business is a financial institution the money deposited at which is protected under this Act, shall be punished with imprisonment of not over two years, or a fine of not over two hundred thousand baht, or both the imprisonment and fine, as well as a fine of not over five thousand baht per day throughout the time the contravention is still going on.

In the event that a juristic person commits the offence under paragraph 1 and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do any act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.

Section66.Any financial institution which contravenes or fails to comply with section 40 shall be punished with a fine of not over five hundred thousand baht, as well as a fine of not over five thousand baht per day throughout the time the contravention is still going on.

In the event that the offence under paragraph 1 is committed as a result of an order given or act done by any director, manager, or person responsible for the operation of such financial institution, or in the event that the mentioned person has the duty to give an order or do any act and omits to give the order or do the act, thereby causing the financial institution to commit the offence, he is required to undergo the punishment provided in paragraph 1 also.”

70. Escrow Act, 2551 BE

“Section50.In the event that a juristic person commits an offence under this Part 2, save section 48, and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do any act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

71. Agricultural Product Standards Act, 2551 BE

“Section76.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

72. National Standardisation Act, 2551 BE

“Section58.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

73. Films and Videos Act, 2551 BE

“Section85.In the event that a juristic person commits an offence carrying a criminal punishment according to this Part and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

74. Medical Devices Act, 2551 BE

“Section122.In the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

75. Homeworker Protection Act, 2553 BE

“Section48.ใIn the event that a juristic person commits an offence and the offence committed by the juristic person is the result of an order given or act done by any director, manager, or person responsible for the operation of such juristic person, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the juristic person to commit the offence, he is required to undergo the punishment provided for such offence also.”

76. National Savings Fund Act, 2554 BE

“Section62.Whoever has been authorised to manage the money of any fund and fails to comply with section 57, paragraph 3, shall be punished with a fine of not over two million baht, as well as a fine of not over one hundred and fifty thousand baht per day until he correctly complies therewith.

In the event that the offence under paragraph 1 is committed as a result of an order given or act done by any director, manager, or person responsible for the operation of the person authorised to manage the money of such fund, or in the event that the mentioned person has the duty to give an order or do an act and omits to give the order or do the act, thereby causing the person authorised to manage the money of the fund to commit the offence, he shall be punished with imprisonment of not over three years, or a fine of not over two million baht, or both the imprisonment and the fine.”

Note: The grounds for promulgation of this Act are as follows: The Constitutional Court has ruled that the part of section 54 of the Direct Selling and Direct Marketing Act, 2545 BE, which requires any managing directors, directors, or persons responsible for the operation of a juristic person to share criminal liability with the juristic person in the latter’s commission of an offence, despite they having no any action or intention relative thereto, is contrary or repugnant to paragraph 2 of section 39 of the Constitution of the Kingdom of Thailand, 2550 Buddhist Era, and is thus inapplicable according to section 6 of the Constitution of the Kingdom of Thailand, 2550 Buddhist Era. The Constitutional Court has given similar subsequent rulings, declaring that section 74 of the Copyright Act, 2537 BE, section 78 of the Telecommunications Business Act, 2544 BE, section 28/4 of the Service Establishments Act, 2509 BE, and section 72/5 of the Fertilisers Act, 2518 BE, are contrary or repugnant to paragraph 2 of section 39 of the Constitution of the Kingdom of Thailand, 2550 Buddhist Era, and are no longer applicable according to section 6 of the Constitution of the Kingdom of Thailand, 2550 Buddhist Era. Therefore, in order to revise the provisions of the mentioned laws and other laws which contain similar provisions so that they no longer be contrary or repugnant to the Constitution, it is necessary to enact this Act.