Chapters
Registrar

Section 40 In the observance of its duties under this Act, the Registrar has the power to summon relevant persons to give a statement or submit necessary documents and evidence for the consideration or inspection.

Section 41 Upon the receipt of the application for registration to operate the business of direct sales or direct marketing, the Registrar shall consider and examine the following details:

(1) Remuneration payment plan shall not be contrary to the law or against good morals and public order;
(2) The goods or services are in compliance with (he description set out in the offering documents;
(3) The contract contains accurate and complete information as specified by the Commission.

In case the Registrar deems the application is in compliance with the first paragraph of Section 38 and Section 39, the Registrar must accept the registration for direct sales or direct marketing and notify in writing to the applicant within forty-five days from the date of acceptance of the said application for direct sales or direct marketing.

In case the Registrar deems that the application does not comply with the first paragraph of Section 38 and Section 39, it shall order the applicant to amend or correct its application within a reasonable period of time. Upon tie applicant's submission of the amended or modified application, the Registrar shall accept the registration, for direct sales or direct marketing and notify in writing the same to the applicant within thirty days from the acceptance of the said documents.

In the event the applicant fqifo to comply with the order to amend or modify within the specified period, the Registrar shall reject the application for registration of the direct sales or direct marketing and notify in writing together with the grounds of such action to the applicant withm seven days from the expiry of the prescription period for the observance of such order.

Section 42 If it subsequently occurs to the Registrar that any direct sales operator or the direct marketing operator conducts its business in violation with the provisions of this Act, the Registrar shall have the power to revoke such person's direct sales or direct marketing registration and notify in writing to the applicant along with the grounds of such action to the direct sales operator or the direct marketing operator within seven days from the date of revocation.

Chapter 6
Appeal

Section 43 In case the Registrar rejects the registration of direct sales or direct marketing under Section 41 or revokes the registration of direct sales or direct marketing under Section 42, the applicant, the direct sales operator or the direct marketing operator, as the case may be, shall have the right to appeal in writing to the Commission within thirty days from the receipt of the order rejecting the registration or the revocation notice from the Registrar.

The decision of the Commission shall be final.

Section 44 The principles and procedures for lodging an appeal and the proceedings of the appeal shall be subject to the rules as may be imposed by the Commission.

Chapter 7
Penalty

Section 45 Any person who foils to observe the order of the Commission or sub-Commiasion under Section 16 shall be subject to imprisonment for a term not exceeding one month or a fine not exceeding ten thousand Baht or both.

Section 46 Any person violating Section 19 shall be subject to imprisonment for a period not more than five years and a fine not exceeding five hundred thousand Baht.

Section 47 Any person who violates Section 20 or Section 27 shall be subject to imprisonment for a period not exceeding one year or a fine not exceeding one hundred thousand Baht or both, and to a daily penalty of not exceeding ten thousand Baht per day throughout the duration of such violation.

Section 48 Any person who violates the first paragraph of Section 21 shall be subject to a fine not exceeding three hundred thousand Baht

Section 49 Any person who violates Section 22 or Section 28 shall be subject to imprisonment for a period of not exceeding six months or to a fine not exceeding fifty thousand Baht or both.

Section 50 Any person who violates Section 23 or Section 25 shall be subject to a fine not exceeding fifty thousand Baht.

Section 51 Any person who violates Section 26, the first paragraph of Section 30 or Section 37 shall be subject to a fine not exceeding thirty thousand Baht.

Section 52 Any direct sales operator who fails to notify the amendment to the remuneration, payment plan to the Registrar under the third paragraph of Section 38 shall be subject to a fine not exceeding three hundred thousand Baht.

Section 53 Any person who is guilty of an. offense under tibus Act, within five years after completing the terms of the charge, repeats the offense under this Act, shall be subject to a double penalty for such charge.

Section 54 In the case the offender under this Act is a juristic entity, the managing director, the manager, or any person responsible for the undertaking of the business of such entity shall be charged for such offense unless proved not involved in the said entity's offense.

Section 55 All offenses under this Act, except for the offense under Section 46, the Commission shall have the power to settle the charge, and for this purpose, the Commission may appoint a sub-Commission, an inquiry Officer or an Officer to carry out the settlement. The Commission may impose terms of settlement or any other conditions for the authorized person(s), at its own discretion.

Subject to the provision of the foregoing paragraph if the inquiring Qfficer. during the inquisition, finds any person guilty of an offense under this Act and such person agrees to settle, the inquiry Officer shall refer the matter to the Commission or the authorized person of the Commission to settle the charge under the first paragraph within seven days from the day such person agrees to settle.

The charge shall be deemed settled under the Criminal Procedural Code of Thailand upon the offender's payment of the penalty settled.

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