Book1 Division07 Title23
From Thai Codification Draft of 1919
DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.
- Its 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 XXIII. Associations.
Section 1430.
- A contract of association is a contract whereby several persons agree to unite for a common undertaking other than that of sharing profits.
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Section 1431.
- Every association must have regulations and must be registered.
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Section 1432.
- The regulations must specify at least:
- (1) The name of the association.
- (2) Its object.
- (3) The address of its principal office.
- (4) Rules for the admission and exclusion of members.
- (5) Rules for the management of the association by committees, directors or otherwise.
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Section 1433.
- The application for registration must be made in writing and signed by three of the members of the association at least. It must be accompanied by three copies of the regulations.
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Section 1434.
- The offices for the registration of associations shall be established by regulations issued by the Minister responsible for the local administration.
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Section 1435.
- The Registration must be made at the Registration office of that part of the Kingdom where the principal office of the association is situated. Any alterations subsequently made in the registered particulars, as well as any other matters ordered to be registered by this Title must be registered at the same place.
《Genealogies》
Section 1436.
- The entry in the register must specify:
- (1) The name of the association.
- (2) Its object.
- (3) The address of its principal office.
- (4) The names, addresses and occupations of the person or persons entrusted with its management.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1279
- Codes of 1992: -
Section 1437.
- The registration shall be granted if the documents and particulars mentioned in Sections 1432 and 1436 are produced and if the persons entrusted with management of the association appear to be responsible persons whose standing corresponds to the object and importance of the association.
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Section 1438.
- Every person may inspect the documents kept by the Registrar or require a certificate of the registration of any association, 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 responsible for the local administration.
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Section 1439.
- Upon registration being made, the managers shall be entitled to a certificate of registration.
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- Draft of April 1924: -
- Code of January 1925: 1282(II)
- Codes of 1992: -
Section 1440.
- Upon registration being made, the association is formed as a juristic person, distinct from the persons of whom it is composed.
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Section 1441.
- [I] Unless otherwise provided by the regulations. no alterations of or additions to the regulations of an Association can be made, except by a resolution passed by a majority of the members of the association.
- [II] Three copies of every such addition or alteration must be deposited for registration within fourteen days from the date of the resolution.
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Section 1442.
- [I] Any change in the person or persons entrusted with the management of the association shall be registered within fourteen days from the date of the change.
- [II] The Registrar may refuse to register the change if he is not satisfied that the new manager or managers are responsible persons as defined by Section 1437.
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Section 1443.
- An association is represented in its relations with third persons by the person or persons entrusted with its management.
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Section 1444.
- The relations between an association, the person or persons entrusted with its management, and third persons, are governed by the provisions of this Code concerning Agency.
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- Draft of April 1924: -
- Code of January 1925: 1286
- Codes of 1992: -
Section 1445.
- An association is jointly liable with the wrongdoer for the consequences of the wrongful acts which any of its members or managers may commit in pursuance of their common undertaking.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1287
- Codes of 1992: -
Section 1446.
- If the members of an association have to pay subscriptions, the whole of each subscription is due as soon as the period to which it applies has begun.
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Section 1447.
- The membership in an association is not transferable.
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- Draft of April 1924: -
- Code of January 1925: -
- Codes of 1992: -
Section 1448.
- Every member of an association is entitled to withdraw at any time from the association, provided he pays such subscriptions as may be due by him at that time.
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Section 1449.
- Unless otherwise provided by the regulations, the liability of each member to the association is limited to the amount of the subscriptions due by him.
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Section 1450.
- The creditors of an association cannot enter actions against the members of such association for obtaining performance of obligations incurred by the association.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: -
- Codes of 1992: -
Section 1451.
- If a resolution has been passed by an association contrary to its regulations or contrary to law, the Court shall cancel such resolution on the application of any member or of the Public Prosecutor, provided that an application by a member shall not be made later than one month from the date of the resolution.
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Section 1452.
- An association is dissolved:
- (1) In the cases, if any, provided by its regulations,
- (2) If formed for a definite period of time, by the expiration of such period.
- (3) If formed for a single undertaking, by the termination of such undertaking.
- (4) By a resolution to dissolve passed by the association in general meeting.
- (5) By the association becoming bankrupt.
- (6) By a decree published in the Government Gazette, as provided by Section 1453.
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Section 1453.
- The Government may, by decree, order an association to be dissolved in any of the following cases:
- (1) If the object of the association is or becomes unlawful.
- (2) If, for any reason whatsoever, the association cannot be any more managed.
- (3) If the association appears to be managed by persons other than the registered managers.
- (4) If it appears that the association is or may become a danger to the public peace.
- (5) If the association or any of its members or managers acts contrary to law.
- (6) If the person or persons proposed to be registered as managers are not responsible persons whose standing corresponds to the object and importance of the association.
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Section 1454.
- If an association is dissolved under section 1453, the Government shall appoint a liquidator or liquidators of the association.
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- Draft of April 1924: -
- Code of January 1925: -
- Codes of 1992: 106
Section 1455.
- Sections 1385 to 1388, 1389 No. 1, 1390, 1393 to 1400, 1403, 1405 1407, 1408 and 1409 of Title XXII concerning Partnerships and Companies apply to the liquidation of associations, mutatis mutandis.
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Section 1456.
- The liquidators can require the members to pay the subscriptions which were due by them at the time of dissolution.
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- Draft of April 1924: -
- Code of January 1925: -
- Codes of 1992: -
Section 1457.
- After liquidation, the remaining assets, if any, cannot be distributed among the members of the association. They shall be transferred to such other juristic person as may have been designated by the regulations or by the association in general meeting.
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Section 1458.
- If no juristic person has been designated by the regulations or by the association in general meeting, the remaining assets become the property of the State.
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Section 1459.
- If the notifications prescribed by this Title XXIII are not made to the Registrar within the proper time, the association shall be punished with fine not exceeding five baht for every day during which such default continues.
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- Draft of April 1924: -
- Code of January 1925: -
- Codes of 1992: -
Section 1460.
- [I] Whoever is a member of a non-registered association shall be punished with fine not exceeding five hundred baht.
- [II] The person or persons entrusted with the management of such an association shall be punished with fine not exceeding one thousand baht, or imprisonment not exceeding six months, or both.
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- Draft of April 1924: -
- Code of January 1925: -
- Codes of 1992: -
Section 1461.
- [I] Whoever continues being a member of an association, after publication of a decree for its dissolution shall be punished with fine not exceeding one thousand baht, or imprisonment not exceeding six months, or both.
- [II] Whoever continues being a manager of such an association shall be punished with fine not exceeding two thousand baht, or imprisonment not exceeding one year, or both.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: -
- Codes of 1992: -
Section 1462.
- Whoever is found guilty of recidive [=recidivism] within one year, the prior and subsequent offences coming under the provisions of this Title, shall be liable to double the punishment prescribed for the subsequent offence.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: -
- Codes of 1992: -
Section 1463.
- The provisions of this Code concerning Associations shall apply without prejudice to the punishment prescribed for any person being a member of a secret society or criminal association, as provided by Sections 177 to 182 of the Penal Code.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: -
- Codes of 1992: -
