Section 11 quarter24. Liquid assets are;
(1) cash;
(2) deposits with the Bank of Thailand;
(3) net deposits with other commercial banks;
(4) unencumbered Thai Government securities;
(5) unencumbered debentures or bonds which are guaranteed by the Ministry of
Finance in respect of the repayment of principals and the payment of interests thereon; and
(6) such other assets as may be prescribed by the Bank of Thailand with the approval
of the Minister.
Section 11 quinque25. The maintenance of a cash reserve in proportion to deposits
and/or borrowings pursuant to Section 11 and the maintenance of liquid assets in proportion to the
total or each type of deposits and/or borrowings pursuant to Section 11 ter., as the case may be,
shall be in accordance with the rules, procedures and conditions as prescribed by the Bank of
Thailand with the approval of the Minister.
The prescriptions under Section 11, the second paragraph of Section 11 bis. and the
first paragraph of Section 11 ter. shall be published in the Government Gazette and if any such
prescription has the effect of increasing the relevant ratio of the cash reserve or that of the liquid
assets, it shall not be operative until after the lapse of fifteen days from the date of its publication.
Section 11 sex26. In the case where it is necessary for the purpose of maintaining the
stability of the domestic currency, the Minister shall have the power to prescribe commercial
banks to maintain a special cash reserve at the Bank of Thailand at not less than the ratio
prescribed by the Minister, in addition to the maintenance of a cash reserve pursuant to Section
11.
The ratio prescribed under the first paragraph shall be designated in proportion to all
or each type of deposits and/or borrowings as specified in Section 11 bis, but only to the extent of
the increased amount from the total of such deposits and/or borrowings at the end of any given
day. Such prescription shall be published in the Government Gazette.
Section 1227. No commercial bank shall:
(1) reduce its capital without an authorization of the Minister;
(2) in favor of any of its directors, grant credits, guarantee any debts, or accept, give
aval to, or intervene for honor of any bills which the director is a drawer, a maker or an endorser;
(3) accept its own shares as security or accept a commercial bank’s shares from any
other commercial banks as security;
(4) purchase or permanently hold immovable properties except:
(a) for use as the premise for the business of the commercial bank or as facilities
for its officers and employees with the approval of the Bank of Thailand. Such approval may be
granted with any condition; or
(b) those acquired as a result of a debt settlement or a guarantee in respect of credit
grated or as a result of the purchase of an immovable property mortgaged to the commercial bank
at an auction conducted pursuant to an order of a court or an official receiver;
(5)28 purchase or hold shares of any limited company in an amount exceeding ten per
cent of the total amount of such company’s shares sold, or purchase or hold shares at an aggregate
value exceeding the ratio to the total capital funds or any one or several types of capital funds in accordance with the rules, procedures and conditions as prescribed by the Bank of Thailand,
unless authorized by the Bank of Thailand. Such authorization may be given with any condition;
(6) purchase or hold shares of any other commercial banks, except those acquired as a
result of a debt settlement or a guarantee in respect of credit granted, provided that such shares
shall be disposed of within six months from the date of acquisition or where such acquisition has
been permitted by the Minister with the advice of the Bank of Thailand, such permission may be
granted with any condition;
(7) pay money or give any property to any of its directors, officers or employees as
commission or remuneration for or by reason of any transaction or business of the commercial
bank other than gratuities, salaries, bonuses and other allowances which may normally be paid to
them;
(8) sell or give any immovable property or movable properties with an aggregate
value, separately or in combination, exceeding the value prescribed by the Bank of Thailand to
any of its directors or purchase any property from any of its directors, in which including persons
or partnerships that are related to the directors as specified in Section 12 bis, except with the
approval of the Bank of Thailand.
(9) do any act which may cause damage to the national economy or the public
interest, constitute taking unfair advantage of its customers or the relevant person, or create
obstacles to the development of or the competition in the financial institution system, or result in
unfair economic or monopolistic barriers as prescribed by the Bank of Thailand with the approval
of the Cabinet and published in the Government Gazette.
Section 12 bis29. The granting of credits or guaranteeing of any debt in favor of any
of the following persons or partnerships, or the accepting of any bill, the giving of aval to or the
intervening for honor of any bill which any of the following persons or partnerships is a drawer,
maker or an endorser shall be deemed to be the granting of credits or guaranteeing of any debt or
the accepting, the giving of aval or the intervening for honor for the benefit of the director under
Section 12 (2):
(1) the spouse of the director;
(2) a minor child of the director;
(3) an ordinary partnership in which the director or the person under (1) or (2) is a
partner;
(4) a limited partnership in which the director or the person under (1) or (2) is a
partner with unlimited liability or in which one or more of such persons in a partner or are
partners with limited liability in an aggregate amount exceeding thirty per cent of the total capital
of such limited partnership;
(5) a limited company in which the director or the person under (1) or (2) or the
partnership under (3) or (4) holds shares, separately or in combination, in an aggregate amount
exceeding thirty per cent of the total amount of such limited company’s share sold; or
(6) a limited company in which the director or the person under (1) or (2) or the
partnership under (3) or (4) or the limited company under (5) holds shares, separately or in
combination, in an aggregate amount exceeding thirty per cent of the total amount of such limited
company’s shares sold.
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24 As amended by Section 9 of the Commercial Banking Act (No.2), B.E. 2522
25 As amended by Section 9 of the Commercial Banking Act (No.2), B.E. 2522
26 As amended by Section 9 of the Commercial Banking Act (No.2), B.E. 2522
27 As amended by Section 5 of the Emergency Decree Amending the Commercial Banking Act, B.E. 2528
28 As amended by Section 8 of the Commercial Banking Act (No.3) ,B.E. 2535
29 As amended by Section 6 of the Emergency Decree Amending the Commercial Banking Act, B.E. 2528 |