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Chaninat & Leeds has assisted with content preparation for the Thailand Law Forum. Managed by an American lawyer, the law firm oversees all types of legal assistance, including property law and corporate registration, as well as family law, including surrogacy in Thailand.



 

As to the Appointment of the Committee members under (5), the Committee members under (1), (2), (3) and (4) jointly seek and select such members according to the regulations and procedures determined by the Committee.

In the event that implementation of the Land Readjustment Project in Bangkok Metropolitan area overlaps the area of any local government, the local competent authority of that area shall also be a Committee member.

Section 13 The Provincial Committee shall have powers and duties as follows:
(1) To approve the establishment of the Association and to control and oversee the operation of the Association;
(2) To determine measures and guidelines of the Land Readjustment promotion and support;
(3) To propose the Provincial Land Readjustment Master Plan and target areas to the Committee for its approval;
(4) To appoint the Association Inspector and its staff members;
(5) To harmonize the Land Readjustment Project with major projects of the locality;
(6) To grant approval to the Land Readjustment Project implemented within the provincial locality;
(7) To present an opinion to the Fund Management Committee in relation to a request for financial support from the Fund;
(8) To present an opinion to the Committee in relation to the use of public land, provision of land to substitute for the public land, and land expropriation in the Land Readjustment Project;
(9) To consider and determine prices for compensation or damages according to the regulations and procedures as provided for by the Committee;
(10) To conduct other business in relation to the Land Readjustment Project in compliance with this Act.
As to the appointment of the Association Inspector under (4), he shall be appointed among civil servants or other government agencies in accordance with the regulations and procedure as provided for by the Committee.

Section 14 The provisions of Sections 7, 8, 9 and 10 shall apply mutatis mutandis to the Provincial Committee.

Chapter 3
Land Readjustment Association

Section 15 The Land Readjustment Association shall only be appointed by virtue of the provisions of this Act and its main objective shall be on implementation of the Land Readjustment Project.

Section 16 As to an application for registration of the Association, the land owners who will be association members shall elect a group of at least three promoters to submit an application for the registration to the Provincial Committee together with related documents as follows:
(1) A list of names of the persons who will be association members together with a number of pieces of land owned by the said persons and pieces of land which will be implemented for Land Readjustment according to the regulations provided for by the Committee;
(2) Two copies of the draft by-laws of the Association;
(3) Other documents as determined by the Provincial Committee.

Section 17 The Provincial Committee shall have powers and duties in registering and shall be empowered to issue a written order to summon a person concerned to give an explanation on a fact or send documents in support of consideration on registering the Association.

Section 18 The by-laws of the Association shall at least consist of items as follows:
(1) The name of the Association;
(2) The objectives of the Association;
(3) The address of the Association;
(4) The qualifications of members, methods of application for membership and termination of membership;
(5) The rates of application fees and membership fees;
(6) Provisions respecting the operation, accounting and finance of the Association;
(7) Provisions respecting general meetings;
(8) Provisions respecting the Board of Directors of the Association, such as a number of directors, election, term of office, termination of office and the Board meetings of the Association;
(9) Provisions respecting the appointment, term of office, termination of office, determination of powers and duties and responsibilities of the manager;
(10) Amendment to the by-laws and dissolution of the Association.

Section 19 The Provincial Committee shall consider an application for registration and a draft by-laws. If it deems that the application is correct according to Section 16 and the draft by-laws is correct according to Section 18, the Provincial Committee shall register the Association and issue a registration certificate to that Association, then, publicize the registration thereof in the Government Gazette.

In the event that the Provincial Committee rejects the registration of the Association, it shall, without delay, notify the applicant of its rejection order together with reasons of the rejection thereof in writing. The applicant for registration shall be entitled to appeal against the rejection order to the Committee by submitting a written appeal to the Provincial Committee within thirty days from the date of receipt of the rejection order.

The Committee shall decide on the appeal and shall, without delay, inform the applicant and the Provincial Committee of the decision on the appeal together with reasons thereof. The decision of the Committee shall be final.
The establishment of the Association shall be in effect upon its publication in the Government Gazette.

Section 20 The Association which has been registered shall be a juristic person and the persons who sign their names for registration of the Association and the persons whose names are on the name list according to Section 16(1) shall be deemed members of the Association from the date of its establishment.

In case of an increase of membership applied for by land owners or other persons after the Association has been established, they shall be deemed members upon having paid application fees and membership fees according to Section 18(5) and the Association shall notify the Provincial Committee thereof in writing.

Section 21 The group of promoters of the Association shall arrange for the first general meeting within thirty days from the date of establishment of the Association in order to elect a Board of Directors and to assign to the Board of Directors of the Association all activities.

The following general meeting shall be called by the Board of Directors of the Association at least once a year within ninety days from the year end of an accounting period of that Association.

Section 22 The Board of Directors of the Association, which consists of directors who have been elected among members at the general meeting, shall carry out activities and shall be the representative of the Association in matters concerning a third party. In this regard, the Board of Directors of the Association may assign one or several directors to act on its behalf.

Section 23 The Association shall make a report to the Provincial Committee on the operation, balance sheet, revenue and expenditure accounts which have been certified by an auditor within ninety days from the last date of the accounting period and shall conspicuously announce the said report to members.

Section 24 The Association Inspector shall have the duty to examine the operation and finance of the Association in accordance with the requirement of the Provincial Committee by presenting an examination report to the Provincial Committee

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