Section 12 (4) (a) or (5), Section 13, Section 15 bis, the first paragraph of Section 17, the second
paragraph of Section 22, Section 24 bis, or Section 24 ter shall be liable to a fine not exceeding
Baht 300,000.
Section 4565. Any Commercial bank which fails to comply with the provisions of the
second paragraph of Section 5 ter, Section 7 ter or the second paragraph of Section 15 or violates
or fails to comply with the conditions prescribed by the Bank of Thailand under Section 7 bis or
Section 7 ter shall be liable to a fine not exceeding Baht 50,000.
Section 4666. In the case of a continuing offence under Section 42, Section 43, Section
44 or Section 45, the offender shall be liable to a further fine of not exceeding Baht 3,000 per day
for an offence under Section 42 or Section 43 or a further fine of not exceeding Baht 2,000 per
day for an offence under Section 44 or Section 45, as the case may be, for every consecutive day
during which such violation continues.
Section 46 bis67. In the case where a commercial bank commits an offence under
Section 42, Section 43, Section 44 or Section 45, its directors or any persons responsible for its
operation shall be liable to the imprisonment for a term not exceeding one year or a fine not
exceeding Baht 300,000 or both, unless he can prove that he had no part in the commission of
such offence of the commercial bank.
Section 46 ter68. In the case of an offence under Section 42, Section 43, Section 44,
Section 45 or section 46 bis, if the offence has not been brought before the court or there is no
comparison under Section 46 octo. within one year from the date of the commercial bank
inspector finding out such offence or within five years from the date of its commission, such
offence shall, by prescription, be no longer subject to prosecution.
Section 46 quarter69. Whoever violates the provisions of the fifth paragraph of
Section 24 ter, Section 29, Section 30, or Section 31 shall be liable to the imprisonment for a term
not exceeding one year or a fine not exceeding Baht 100,000 or both.
Section 46 quinque70. Whoever violates the order of the commercial bank inspector
or the competent officer made under Section 35 or obstructs such commercial bank inspector or
competent officer in his examination of the affairs and assets of a commercial bank or in his
inspection or examination under Section 35, or makes statements or produces books of accounts,
documents or other evidences relating to the affairs and assets of a commercial bank or delivers
copies of such things under Section 35 any of which are false, or obstructs or fails to facilitate the
commercial bank inspector in the performance of his duty under Section 35 bis. shall be liable to
the imprisonment for a term not exceeding one year or a fine not exceeding Baht 100,000 or both.
Section 46 sexies71. Whoever violates the order of the Control Committee or an
authorized control officer made under Section 36 shall be liable to the imprisonment for a term
not exceeding six months or a fine not exceeding Baht 50,000 or both.
Section 46 septem72. Whoever, in the performance of his duty under the authority
prescribed by this Act, having acquired knowledge of the affairs of a commercial bank, which in
normal banking business is to be held in confidence, reveals such knowledge, except in the
performance of his duty of for the purpose of investigation or prosecution, shall be liable to the
imprisonment for a term not exceeding one year or a fine not exceeding Baht 100,000 or both.
Section 46 octo73. A Committee appointed by the Minister2/ shall be empowered to
compare any offence under Section 41, Section 42, Section 43, Section 44, Section 45, Section 46, or Section 46 bis.74
The Committee appointed by the Minister under the first paragraph shall consist of
three members, on of whom shall be an investigating officer under the Criminal Procedure Code.
When a case has been compared by such Committee and the alleged offender has paid
the fine as fixed within the period of time specified by the Committee, the case shall be regarded
as terminated.
Section 46 novem75. In the case where it appears that any of the following offences
have been committed:
(1) in the operation of any commercial bank, its director or any person responsible for
the operation of that commercial bank commits an offence concerning things under the provisions
of Chapter 1, Chapter111, Chapter IV, Chapter V or Chapter V11 of Title X11 of the Penal Code
or Section 40. Section 41, or Section 42, of the Act on Offences concerning Registered
Partnerships, Limited Partnerships, Limited Companies, Associations and Foundations B.E. 2499,
or Section 243 or Section 244 of Limited Public Companies Act B.E. 2521;
(2) in the examination of a commercial bank’s accounts, any auditor commits an
offence under Section 269 of the Penal Code or Section 31 of the Act on Offences concerning
Registered Partnerships, Limited Companies, Associations and Foundations B.E. 2499; or
(3) any person employs or supports another to commit the offence under (1) or (2),
the Bank of Thailand shall be deemed to be the injured person under the Criminal
Procedure Code.
For the offences in this Section , the Public Prosecutor, when instituting the criminal
prosecution, shall have power to apply for the restitution of the property or the value thereof or
the compensation for any damage on behalf of the person injured. In this regard, the provisions on
filing of a civil case in connection with a criminal case under the Criminal Procedure Code shall
apply mutatis mutandis.
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65 As amended by Section 20 of the Commercial Banking Act (No.2), B.E. 2522
66 Ibis.
67 As amended by Section 21 of the Commercial Banking Act (No.2), B.E. 2522
68 Ibis.
69 As amended by Section 16 of the Emergency Decree Amending the Commercial Banking Act, B.E. 2528
70 As amended by Section 21 of the Commercial Banking Act (No.2), B.E. 2522
71 Ibis.
72 Ibis.
73 Ibis.
74 As amended by Section 17 of the Emergency Decree Amending the Commercial Banking Act, B.E. 2528
75 As amended by Section 18 of the Emergency Decree Amending the Commercial Banking Act, B.E. 2528 |