Foreign Business Act
B.E. 2542 (1999)
B.E. 2542 (1999)
(continued)
(1) Death;
(2) Resignation;
(3) Being removed by the Minister due to disgraceful conduct, malfeasance, breaching his duty or being deficient in abilities;
(4) Being declared bankrupt;
(5) Being incompetent or quasi-incompetent;
(6) Being imprisoned by a final judgment except for offenses negligently committed or for misdemeanor offenses; or
(7) Lacking the qualification under paragraph two of Section 23.
Section 26. The Committee has the authority as prescribed in this Act and shall have the following duties:
(1) Advising, recommending or giving opinions to the Minister on the enactment of royal decrees and issuance of ministerial regulations under this Act or the prescription of business category and business operation locality of the aliens under Section 7 or the application for the Cabinet's approval under Section 8(2).(2) Studying, compiling, and preparing reports on the alien business operation in Thailand including the impacts and appropriateness thereof, for presentations to the Minister from time to time but it shall not be less than once a year.
(3) Advising, recommending or giving opinions to the Minister on other matters as he may assign.
Section 27. In holding the meetings of the Committee, at least one half of the total number of Committee members shall be present in order to constitute a quorum. If the Chairperson is not present or is unable to perform the duty, the Committee members attending the meeting shall elect one Committee member to preside over the meeting.
The decision of the meeting shall be taken by majority vote. One Committee member shall have one vote. In case of equality of the votes, the Chairperson of the meeting shall be entitled to a casting vote.
Section 28. The Committee shall be entitled to appoint subcommittees to consider or undertake any task assigned by the Committee and Section 27 shall apply to the meetings of the subcommittees mutatis mutandis.
Section 29. The Commercial Registration Department, Ministry of Commerce, shall act as the Secretary Office of the Committee and shall have the following authority;
(1) Performing work in accordance with the resolutions of the Committee or as assigned by the Committee;
(2) Presenting opinions to the Committee regarding the foreign business operation in Thailand for the benefit of the study, information compilation, and preparation of reports to the Minister; and
(3) Performing general administrative work of the Commitee.
Section 30. The Registrars and the Competent Officials shall have the authority:
(1) To inquire in writing or summon any person for explanation of any facts, including submissions of documents or evidence necessary for verification of the facts;
(2) To enter the place where the foreigners operate the business during business hours to inspect and ensure the compliance with this Act provided an approval in writing must first be obtained from the Director-General except in case of utmost emergency. In performing the duty, they shall have the authority to inquire the facts or demand and documents or evidence necessary for the examination of the facts from the persons staying in the said place.
In performing the duty under (2), the proprietor or the possessor of the place shall reasonably assist the registrars and the competent officials. In this regard, the registrars and the competent officials shall not act in a threatening manner or in a searching manner under the Criminal Procedure Code and shall give a notice in writing to the proprietor or the possessor of the place not less than three days in advance, except in case of utmost emergency and, upon the completion of the duty, a written report of the result shall promptly be made to the Minister.
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