Book2 Division02 Title02

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.

• The today existing (probably) only copy of its publication is in possession of the main library of Bangkok University. The detailed information and images of the original sources are available on the Centennial Website.
• The detailed information about the genealogical relations between the Draft 1919, Codes of 1923, Codes of 1925, and Code of 1992 is available at the "French Advisers' Heritage".

BOOK ON CAPACITY OF PERSONS.

DIVISION II. Juristic Persons.

TITLE II. Foundations.

Section 104.

• A "foundation" consists of property appropriated to charitable, religious, scientific, literary or other object for public benefit.

《Genealogies》

1. Codes of 1923: 84
2. Codes of 1925: 81
3. Codes of 1992: 110

Section 105.

• The person who institutes the foundation and provides the property is called the "founder".

《Genealogies》

1. Codes of 1923: -
2. Codes of 1925: -
3. Codes of 1992: -

Section 106.

• No foundation shall exist as a juristic person unless:
• (1) it be created by an instrument in writing;
• (2) it be authorized by the Government.

《Genealogies》

1. Codes of 1923: 85
2. Codes of 1925: 85(II)
3. Codes of 1992: -

Section 107.

• The instrument creating a foundation must contain the following particulars:
• (1) The name of the foundation;
• (2) Its object;
• (3) The address, if possible, of its principal office;
• (4) The rules for its management;
• (5) The appointment of its first managers.

《Genealogies》

1. Codes of 1923: 86
2. Codes of 1925: 82
3. Codes of 1992: 112

Section 108.

• Authorization of foundation lies entirely in the discretion of the Government.

《Genealogies》

1. Codes of 1923: 87
2. Codes of 1925: 86
3. Codes of 1992: -

Section 109.

• Authorization may be granted subject to such conditions as the Government may think fit.

《Genealogies》

1. Codes of 1923: 87
2. Codes of 1925: 86
3. Codes of 1992: -

Section 110.

• On authorization being granted, the Government shall cause to be published in the Government Gazette a summary of the particulars of the foundation.

《Genealogies》

1. Codes of 1923: 87
2. Codes of 1925: 85
3. Codes of 1992: -

Section 111.

• [I] In its relations with third persons an authorized foundation is represented by its managers.
• [II] The managers may sue and be sued in such capacity.

《Genealogies》

1. Codes of 1923: 88
2. Codes of 1925: 88
3. Codes of 1992: 123

Section 112.

• The relations between an authorized foundation, its managers and third persons are governed by the provisions of the Book on Obligations concerning Agency.

《Genealogies》

1. Codes of 1923: 89
2. Codes of 1925: 89
3. Codes of 1992: 77

Section 113.

• Any vacancy occurring among the managers may be filled by the remaining managers. Questions arising at a meeting of managers shall be decided by a majority of votes. In case of an equality of votes the chairman shall have a casting vote.

《Genealogies》

1. Codes of 1923: 90
2. Codes of 1925: 79
3. Codes of 1992: 73

Section 114.

• Every foundation is subject to supervision of the Government. Any official commissioned to that effect by the Government shall have access to the books and accounts of the foundation at any reasonable time. He can examine the managers and any agents or employees of the foundation on any matters relating to it.

《Genealogies》

1. Codes of 1923: 91
2. Codes of 1925: 90
3. Codes of 1992: 128

Section 115.

• An authorized foundation is dissolved:
• (1) In the cases provided by the instrument of foundation; or
• (2) On its object being fulfilled or becoming impossible; or
• (3) On the foundation becoming bankrupt; or
• (4) By an order of the Court as provided by the following section.

《Genealogies》

1. Codes of 1923: 92
2. Codes of 1925: 92
3. Codes of 1992: 130

Section 116.

• The Court may, on application of the Public Prosecutor or of any interested person, order an authorized foundation to be dissolved:
• (1) If such foundation commits acts contrary to law or to public policy or to the safety of persons or property; or
• (2) If for any cause whatsoever the foundation cannot be managed any longer; or
• (3) If the foundation acts contrary to the provisions of the instrument of foundation, or to the intention of the founder, or to the conditions under which the Government has granted the authorization.

《Genealogies》

1. Codes of 1923: 93
2. Codes of 1925: 93
3. Codes of 1992: 131

Section 117.

• The provisions of the Book on Obligations concerning liquidation of partnerships and companies apply to the liquidation of foundations, mutatis mutandis.

《Genealogies》

1. Codes of 1923: 94
2. Codes of 1925: 95
3. Codes of 1992: 133

Section 118.

• Every order of the Court dissolving an authorized foundation shall contain the appointment of liquidators of the foundation.

《Genealogies》

1. Codes of 1923: 95
2. Codes of 1925: 96
3. Codes of 1992: 134

Section 119.

• After liquidation the remaining assets, if any, shall be transferred to such juristic person as may have been designated by the instrument of foundation.

《Genealogies》

1. Codes of 1923: 95
2. Codes of 1925: 96
3. Codes of 1992: 134

Section 120.

• If no juristic person has been so designated, the remaining assets become the property of the State.

《Genealogies》

1. Codes of 1923: 95
2. Codes of 1925: 96
3. Codes of 1992: 134