statements which does not comply with the provisions of the law relating to auditors or
additional requirements as specified in the notification of the SEC or makes false reports or
violates the first paragraph of Section 62 or Section 107 or the fourth paragraph or
fifth paragraph of Section 140 shall be liable to imprisonment for a term not exceeding
two years or a fine not exceeding five hundred thousand baht, or both.
SECTION 288. Any person who contravenes or fails to comply with Section 93,
Section 95 or Section 156 shall be liable to imprisonment for a term of six months to
three years and a fine of sixty thousand baht to three hundred thousand baht and a further fine
not exceeding three thousand baht for every day during which the contravention continues.
SECTION 289. Any person who undertakes securities business without having obtained a
license from the Minister in accordance with Section 90 or contravenes Section 155,
Section 209, Section 219, Section 220 or Section 221 shall be liable to imprisonment for
a term of two to five years and a fine from two hundred thousand baht to five hundred thousand baht
and a further fine not exceeding ten thousand baht for every day during which the
contravention continues.
SECTION 290.4 Any over-the-counter center which contravenes or fails to comply with
the second paragraph of Section 171, Section 188, or Section 213 or contravenes or fails to
comply with the conditions or orders issued in accordance with Section 186(1) or
Section 206 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 291. Any person who contravenes or fails to comply with orders issued in
accordance with Section 186(2) shall be liable to imprisonment for a term not exceeding
one year or a fine not exceeding three hundred thousand baht, or both.
SECTION 292. Any person who operates a business of a clearing house, a securities
depository center or a securities registrar who fails to operate in accordance with the rules,
conditions or procedures issued in accordance with Section 223 shall be liable to
imprisonment for a term not exceeding one year or 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, or both.
SECTION 293. Any association related to securities business which contravenes or fails
to comply with Section 236 shall be liable to 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.
SECTION 294. Any securities companies which agree to promote securities business
without seeking profit or sharing income among themselves, by not establishing as an
association related to securities business in accordance with this Act 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 295. Any person who fails to comply with the order of the SEC Office in
accordance with the second paragraph of Section 232 shall be liable to a fine not exceeding
one hundred thousand baht.
SECTION 296. Any person who contravenes Section 238, Section 239, Section 240,
Section 241 or Section 243 shall be liable to imprisonment for a term not exceeding
two years or a fine not exceeding two times the benefit received or which should have been
received by such person as a result of such contravention but such fine shall be not less than
five hundred thousand baht, or both.
SECTION 297. Any person who analyses the financial condition, business operation or
trading prices of securities of a company or a juristic person who issues securities or whose
securities are listed in the Securities Exchange or traded in an over-the-counter center by
distorting the facts concerning the information used in the analysis or by using information,
with the knowledge that it is false, in the analysis, and the results of the analysis may cause
damage to the company, the juristic person or any person, or may affect the trading prices of
securities of such company or juristic person, shall be liable to imprisonment for a term not
exceeding two years or a fine not exceeding five hundred thousand baht, or both.
SECTION 298. Any person who contravenes or fails to comply with Section 246,
Section 247, Section 248, Section 249, Section 251, Section 252, Section 253, Section 254,
Section 255 or Section 256 or contravenes or fails to comply with the conditions issued in
accordance with Section 247 shall be liable to imprisonment for a term not exceeding two years or 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, or both.
SECTION 299.4 Any person who contravenes or fails to comply with Section 250 or
Section 250/1 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 300.4 In cases where a person who commits an offence under Section 268,
Section 269, Section 270, Section 271, Section 272, Section 273, Section 274, Section 279,
Section 280, Section 281, Section 281/6, Section 281/9, Section 281/10, Section 284,
Section 286, Section 290, Section 292, Section 296, Section 297, Section 298 or Section 299
is a juristic person, the director, manager or any person responsible for the operation of such
juristic person shall also be liable to the penalties as provided for such offences, unless it can
be proven that such person has no involvement with the commission of offence by such
juristic person.
SECTION 301.4 In cases where a person who commits an offence under Section 278,
Section 288 or Section 289 is a juristic person, the director, manager or any person
responsible for the operation of such juristic person shall also be liable to the penalties as
provided for such offences, unless it can be proven that such person has no involvement with
the commission of offence by such juristic person.
SECTION 302. Any person who gives false testimony to the competent officer, which
may cause damage to other persons or to the public shall be liable to imprisonment for a term
not exceeding six months and a fine not exceeding sixty thousand baht.
SECTION 303. Any person who obstructs or fails to comply with the orders of or fails to
give assistance to, the competent officer who executes his duty in accordance with
Section 264 or contravenes the third paragraph of Section 145 shall be liable to imprisonment
for a term not exceeding six months and a fine not exceeding sixty thousand baht.
SECTION 304. Any person who removes, damages, destroys or renders useless any seal
or mark which the competent officer has stamped or affixed on any object in the execution of
his duty in accordance with Section 264 as evidence for the seizure, or attachment or the
keeping of such object shall be liable to imprisonment for a term not exceeding three years
and a fine not exceeding three hundred thousand baht.
SECTION 305. Any person who damages, destroys, conceals, takes away, or loses or
renders useless any property or document which the competent officer has seized, attached,
kept, or ordered to be delivered as evidence in accordance with Section 264, and regardless of
whether or not the competent officer would keep such property or document himself or
would order such person or other persons to deliver or to keep it, shall be liable to
imprisonment for a term of six months to three years and a fine of sixty thousand baht to
three hundred thousand baht.
SECTION 306. Any director, manager, or person responsible for the operation of any
juristic person under this Act, who dishonestly deceives the public by the assertion of a
falsehood or the concealment of facts which should be revealed to the public, and by such
deception, obtains property from the public or from a third person so deceived, or leads the
public or third person so deceived to execute, revoke, or destroy a document of right, shall be
liable to imprisonment for a term of five to ten years and a fine of five hundred thousand baht
to one million baht.
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4. indicated amendment by the Securities and Exchange Act (No. 4) B.E. 2551 |
