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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

 

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