Book1 Division07 Title22 Chapter01

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 OBLIGATIONS.

DIVISION VII. SPECIFIC CONTRACTS.

TITLE XXII. Partnerships and Companies.

Section 1129.

• A contract of partnership or company is a contract whereby two or more persons agree to unite for a common undertaking, with a view of sharing the profits which may be derived therefrom.

《Genealogies》

1. Draft of April 1924: -
2. Code of January 1925: 1012

Section 1130.

• There are three kinds of partnerships or companies, that is to say:
• (1) Ordinary partnerships.
• (2) Limited partnerships.
• (3) Limited companies.

《Genealogies》

1. Draft of April 1924: -
2. Code of January 1925: 1013

Section 1131.

• Offices for the registration of partnerships and companies shall be established by regulations issued by the Minister of Justice.

《Genealogies》

1. Draft of April 1924: -
2. Code of January 1925: 1015

Section 1132.

• Every registered partnership or company constitutes a juristic person distinct from the partners or shareholders of whom it is composed.

《Genealogies》

1. Draft of April 1924: -
2. Code of January 1925: 1016

Section 1133.

• [I] The registration must be made at the Registration Office of that part of the Kingdom where the principal business Office of the partnership or company is situated.
• [II] Any alterations subsequently made in the registered particulars, as well as any other matters ordered or allowed to be registered by this Title must be registered at the same place.
• [III] If a fact to be registered or published happens in a foreign country, the period for its registration or publication shall be computed from the time when notice thereof arrives at the place of registration or publication.

《Genealogies》

1. Draft of April 1924: -
2. Code of January 1925: 1017

Section 1134.

• There shall be paid in respect of registration such fees as may be provided by the regulations issued by the Minister of Justice.

《Genealogies》

1. Draft of April 1924: -
2. Code of January 1925: 1018

Section 1135.

• If an application for registration or a document subject to registration does not contain all the particulars required by this Title to be mentioned in it, or if any of the documents prescribed to be deposited with it are not produced, or if any other condition imposed by law is not complied with, the Registrar must decline to make any entry in his register till the application or document has been completed or modified or till the prescribed documents are produced, or till the condition is fulfilled.

《Genealogies》

1. Draft of April 1924: -
2. Code of January 1925: 1019

Section 1136.

• Every person is entitled to inspect the documents kept by the Registrar, or to require a certificate of the registration of any partnership or company, or a certified copy or extract of any other document, to be delivered to him by the Registrar, on payment of such fee as may be prescribed by the regulations issued by the Minister of Justice.

《Genealogies》

1. Draft of April 1924: -
2. Code of January 1925: 1020

Section 1137.

• Every Registrar shall cause to be published periodically in the Government Gazette, in the form provided by special rules to be issued by the Minister of Justice, a summary of the entries made in his register.

《Genealogies》

1. Draft of April 1924: -
2. Code of January 1925: 1021

Section 1138.

• On such publication being made, the registered documents or matters referred to in the summary shall be deemed to be known to all persons whether connected with the partnership or company or not.

《Genealogies》

1. Draft of April 1924: -
2. Code of January 1925: 1022

Section 1139.

• [I] Until such publication has been made, no advantage can be taken by the partners, the partnership or the company against third persons of the existence of the non-registered agreements, documents or particulars, but third persons may take advantage of such existence.
• [II] However, the partner, shareholder, partnership or company who has, before such publication, received performance of an obligation is not bound to make restitution.

《Genealogies》

1. Draft of April 1924: -
2. Code of January 1925: 1023

Section 1140.

• As between the partners or shareholders, the partners and the partnership, the shareholders and the company, all books, accounts and documents of any partnership or company or of the liquidators of any partnership or company are presumed to be correct evidence of all matters therein recorded.

《Genealogies》

1. Draft of April 1924: -
2. Code of January 1925: 1024