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Contribution:

This translation has been provided with the kind assistance of Chaninat & Leeds. Chaninat & Leeds practices both family and business law, including K1 visa Thailand.




 

SECTION 307. Any director, manager, or person responsible for the operation of any juristic person under this Act, who is entrusted to manage the property of such juristic person, or property of which such juristic person is a co-owner, who dishonestly violates his duties by any means and causes damage to the usefulness in the nature as being a property of such juristic person, shall be liable to imprisonment for a term of five to ten years and a fine from
five hundred thousand baht to one million baht.

SECTION 308. Any director, manager, or person responsible for the operation of any juristic person under this Act, who possesses property belonging to such juristic person, or of which such juristic person is a co-owner, and dishonestly converts such property to himself or a third party, shall be liable to imprisonment for a term of five to ten years and a fine from five hundred thousand baht to one million baht.

SECTION 309. Any director, manager, or person responsible for the operation of any juristic person under this Act, who takes away, damages, destroys, causes depreciation in value or renders useless any property which the juristic person has the duty to look after or which is in the possession of such juristic person, if it is committed in order to cause damage to other persons or the public, shall be liable to imprisonment for a term not exceeding
five years and a fine not exceeding five hundred thousand baht.

SECTION 310. Any director, manager, or person responsible for the operation of any juristic person under this Act, who knows that a creditor of such juristic person, or that a creditor of another person who is entitled to exercise his right as a creditor against such juristic person to enforce the payment of debt from such juristic person, uses or may use his right through the court to enforce payment:
(1) removes, conceals or transfers to another person the property of such juristic person; or
(2) maliciously creates a false debt for such juristic person;

if such action is done in order to prevent his creditor from receiving full or part payment, 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.

SECTION 311. Any director, manager, or person responsible for the operation of any juristic person under this Act, who acts or omits to act in order to obtain unlawful gains for himself or another person and causes damage to such juristic person, 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.

SECTION 312. Any director, manager, or person responsible for the operation of any juristic person under this Act, who commits or permits another to act so as to:

(1) damage, destroy, alter, abridge, or falsify accounts or documents or collateral of such juristic person or related to such juristic person;
(2) make false entries or fail to enter any material statement in the accounts or documents of such juristic person or related to such juristic person; or
(3) keep incomplete, incorrect, out-of-date, or inaccurate accounts; if such action is done or permitted to be done to deceitfully deprive the juristic person or its shareholders of their rightful benefit or to deceive any person, 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.

SECTION 313. Any director, manager, or person responsible for the operation of a company or a juristic person whose securities are listed in the Securities Exchange or traded in any over-the-counter center, and who contravenes Section 307, Section 308, Section 309, or Section 311, shall be liable to imprisonment for a term of five to ten years and a fine of two times the price of the property or benefit which the person obtains through the contravention of such Sections, as the case may be, but such fine shall be not less than five hundred thousand baht.

SECTION 314. Any person who causes a director, manager, or any person responsible for the operation of any juristic person under this Act, or an auditor to commit an offence as provided in Section 287, Section 306, Section 307, Section 308, Section 309, Section 310, Section 311, or Section 312, whether by instruction, order, threat, employment or by any other means, shall be liable to the penalties as provided in such Sections.

SECTION 315. Any person who does any act to assist or facilitate a director, manager, or any person responsible for the operation of any juristic person under this Act, or an auditor to commit an offence as provided in Section 287, Section 306, Section 307, Section 308, Section 309, Section 310, Section 311, or Section 312 whether before or at the time of the commission of the offence, shall be liable to the penalties as provided in such Sections,
unless the person is not aware of such assistance or facilitation.

SECTION 315/1.4 In cases where the court passes a judgment to punish any person in accordance with Section 241 or Section 243, the public prosecutor shall have the power to file a motion with the court for the payment of bounty to the informer or the person giving the information regarding the commission of offences and gratuity to the arrestor from the fine paid to the court by the wrongdoer in the amount not exceeding thirty percent of such fine, provided that such payment shall be made only when the judgment of the court becomes final.

In cases where there is a settlement of offences in accordance with Section 241 or Section 243, the SEC Office shall have the power to request the Settlement Committee to pay the bounty to the person giving the information regarding the commission of offences from the fine paid by the alleged offender as ordered by the Settlement Committee in the
amount not exceeding thirty percent of such fine.

The Capital Market Supervisory Board shall have the power to prescribe rules, conditions and procedures for the purpose of this Section.
The following persons shall not be entitled to obtain the bounty and gratuity under this Section:
(1) the commissioners of the SEC, the board members of the Capital Market Supervisory Board, the Secretary-General and the officers of the SEC Office; (2) the directors, managers and officers of the Securities Exchange or over-thecounter center.

SECTION 316. Any person, in the performance of his duty under the powers and duties provided in accordance with this Act, having acquired confidential information of any person which, under normal circumstances, should not be disclosed, who discloses such information to another person, shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding one hundred thousand baht, or both.

The provisions of the first paragraph shall not apply to disclosure in the following cases:
(1) disclosure in the performance of his duty;
(2) disclosure for the purpose of investigation or trial;
(3) disclosure relating to the commission of offences under this Act;
(4) disclosure for the purpose of rectifying the condition or operation of a securities company;
(5) disclosure to an auditor of any juristic person under this Act;
(6) disclosure to the authorities or domestic and international agencies which are responsible for the supervision of securities, the Securities Exchange or the supervision and examination of financial institutions;
(7) disclosure upon written consent of such person.

SECTION 317. A Settlement Committee appointed by the Minister shall have the power to settle offences under Section 268, Section 269, Section 270, Section 271, Section 272, Section 273, Section 274, Section 275, Section 276, Section 277, Section 279, Section 280, Section 281, Section 281/1, the first paragraph of Section 281/2,
Section 281/3, Section 281/4, Section 281/5, Section 281/6, the first paragraph of Section 281/7, Section 281/8, Section 281/9, Section 281/10, Section 282, Section 283, Section 284, Section 285, Section 285 bis, Section 285 ter, Section 286, Section 286 bis, Section 287, Section 290, Section 291, Section 292, Section 293, Section 294,
Section 295, Section 296, Section 297, Section 298, Section 299, and Section 300.4

The Settlement Committee appointed by the Minister under the first paragraph shall comprise three persons, one of whom shall be an investigating officer under the Criminal Procedure Code.

Where a case has been settled by the Settlement Committee and the alleged offender has paid the fine as determined by the Settlement Committee within the period of time specified by the Settlement Committee, such case shall be regarded as settled.

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4. indicated amendment by the Securities and Exchange Act (No. 4) B.E. 2551

 

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