SECTION 281/6.4 Any company which fails to comply with Section 89/17 shall be
liable to a fine not exceeding five hundred thousand baht and a further fine not exceeding
ten thousand baht for every day during which the contravention continues.
SECTION 281/7.4 Any company secretary who contravenes or fails to comply with
Section 89/23 which causes damage to the company or causes him or another person to
obtain benefit from such contravention or failure to perform such duty shall be liable to a
fine not exceeding the damages incurred or the benefit obtained but not less than
one hundred thousand baht.
In cases where a person who commits an offence under the first paragraph with dishonest
intent, he shall be liable to imprisonment for a term not exceeding one year and a fine not
exceeding two times the damages incurred or the benefit obtained but not less than
five hundred thousand baht, or both.
SECTION 281/8.4 Any auditor or audit committee of any securities company or
company who contravenes or fails to comply with Section 89/25 shall be liable to a fine
not exceeding one hundred thousand baht.
SECTION 281/9.4 Any person who fails to comply with Section 89/31 shall be liable to
a fine not exceeding three hundred thousand baht.
SECTION 281/10.4 Any person having the duty to disclose documents to shareholders or
the general public as specified in the provisions of the Chapter 3/1 Governance of Publicly
Traded Company, who makes a false statement or conceals material facts which should
have been stated, shall be liable to imprisonment for a term not exceeding two years or a
fine not exceeding five hundred thousand baht, or both.
SECTION 282.2 Any securities company which violates or fails to comply with
Section 92, Section 94, Section 96, Section 97, Section 98, Section 100, Section 101,
Section 102, Section 103, Section 104, Section 105, Section 106, Section 108,
Section 109, Section 110, Section 112, Section 113, Section 114, Section 115,
Section 116, Section 117, Section 122, Section 123, Section 124, Section 125,
Section 126, Section 129, Section 130, the first paragraph of Section 134, Section 135,
Section 136, Section 139 (1), (2), (3) or (4), the first paragraph, second paragraph or
third paragraph of Section 140, Section 151 or the first paragraph of Section 195 or
violates or fails to comply with the rules, conditions or procedures or orders issued in
accordance with the fourth paragraph of Section 90, Section 91, Section 92, Section 98(7)
or (10), the second paragraph of Section 100, Section 117, Section 135, Section 139(4),
the second paragraph of Section 140, Section 141, Section 142, Section 143, Section 144,
or Section 150 shall be liable to a fine not exceeding three hundred thousand baht and a
further fine not exceeding ten thousand baht for every day during which the violation
continues.
SECTION 283.4 In cases where any securities company commits an offence under
Section 92, Section 96, Section 102, Section 105, Section 106, Section 108, Section 109,
Section 110, Section 113, Section 114, Section 115, Section 116, Section 117,
Section 123, Section 129, Section 130, Section 135, the first paragraph, second paragraph
or third paragraph of Section 140, Section 151 or the first paragraph of Section 195 or
violates or fails to comply with the rules, conditions or procedures or orders issued in
accordance with Section 92, Section 117, Section 135 or Section 150, the director,
manager or any person responsible for the operation of such securities company shall be
liable to imprisonment for a term not exceeding six months or a fine not exceeding
two hundred thousand baht, or both, unless it can be proven that such person has
no involvement with the commission of offence by such securities company.
In cases where any securities company commits an offence under Section 97, Section 98,
Section 112, Section 122, Section 124, Section 125, Section 126, the first paragraph of
Section 134, Section 136, or Section 139 (1), (2), (3) or (4) or violates or fails to comply
with the rules, conditions or procedures or orders issued in accordance with the
fourth paragraph of Section 90, Section 91, Section 98(7) or (10), Section 139 (4),
Section 141, Section 142, Section 143 or Section 144, the director, manager or any person
responsible for the operation of such securities company shall be liable to imprisonment
for a term not exceeding one year or a fine not exceeding three hundred thousand baht,
or both, unless it can be proven that such person has no involvement with the commission of
offence by such securities company.
SECTION 284. Any mutual fund supervisor who neglects or fails to perform his duty in
accordance with Section 127 or the first paragraph of Section 128 shall be liable to a fine not
exceeding five hundred thousand baht and a further fine not exceeding ten thousand baht
for every day during which the contravention continues.
SECTION 285. Any auditor who contravenes or fails to comply with Section 130 or
Section 131 shall be liable to imprisonment for a term not exceeding three months or a fine
not exceeding one hundred thousand baht and a further fine not exceeding three thousand baht
for every day during which the contravention continues, or both.
SECTION 285 bis.2 Any securities company which violates or fails to comply with the
second paragraph of Section 133 shall be liable to a fine not exceeding three hundred thousand baht
and a further fine not exceeding ten thousand baht for every day during which the
violation continues.
If the commission of offence under the first paragraph is also a violation of the
first paragraph of Section 133, the wrongdoer shall be liable for a fine not exceeding
five hundred thousand baht and a further fine not exceeding ten thousand baht for
every day during which the violation or failure continues.
4In case of commission of an offence by a securities company under the second paragraph
of Section 133, the director, manager or any person responsible for the operation of such
securities company shall be liable to imprisonment for a term not exceeding one year or a
fine not exceeding three hundred thousand baht, or both, unless it can be proven that such
person has no involvement with the commission of offence by such securities company.
If the commission of offence under the third paragraph is also a violation of the
first paragraph of Section 133, the wrongdoer shall be liable to imprisonment for a term
not exceeding two years or a fine not exceeding five hundred thousand baht, or both.
SECTION 285 ter.2 Any private fund manager who fails to comply with the rules,
conditions and procedures specified in the notification under the third paragraph of
Section 134 shall be liable to imprisonment for a term not exceeding one year or a fine not
exceeding three hundred thousand baht, or both.
If the commission of offence under the first paragraph is also a violation of the
second paragraph of Section 134, the wrongdoer shall be liable to imprisonment for a term
not exceeding two years or a fine not exceeding five hundred thousand baht, or both.
SECTION 286. Any custodian who contravenes or fails to comply with Section 137
shall be liable to a fine not exceeding three hundred thousand baht and a further fine not
exceeding ten thousand baht for every day during which the contravention continues.
SECTION 286 bis.2 Any securities company which violates or fails to comply with
Section 138 or Section 139 (5) shall be liable to a fine not exceeding five hundred thousand baht
and a further fine not exceeding ten thousand baht for every day during which the
violation continues.
4In case of commission of offence by any securities company under Section 138 or
Section 139 (5), the director, manager or any person responsible for the operation of such
securities company shall be liable to imprisonment for a term not exceeding two years or
a fine not exceeding five hundred thousand baht, or both, unless it can be proven that such
person has no involvement with the commission of offence by such securities company.
SECTION 287.2 Any auditor of a company which issues securities in accordance with
Section 32, Section 33 or Section 34, a securities company, a mutual fund, a private fund,
or a company whose securities are listed in the Securities Exchange or traded in an overthe-
counter center, who performs audit work in order to give his opinion on financial
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2. indicated amendment by the Securities and Exchange Act (No. 2) B.E. 2542
4. indicated amendment by the Securities and Exchange Act (No. 4) B.E. 2551 |
