Thailand Law Library

by Thailand Lawyer

Any foreigner, to whom a license or a certificate has been granted, who continues to operate the business after the license has been suspended or revoked or after the operation of the business to which the certificate relates has been ordered to be ceased without right to appeal or with the Minister giving a final decision mandating the suspension or revocation of the license or the cessation of the operation of the business, shall be liable to imprisonment for a term not exceeding three years or to a fine of one hundred thousand Baht to one million Baht or to both and to an additional fine at the daily rate of ten thousand Baht throughout the period of the violation.

Any foreigner, to whom a license has been granted for the operation of any business under this Act, who participates in the operation of the business of another foreigner not permitted to operate the business under this Act or operates the business of which such other foreigner is a co‐owner in the manner holding it out as the former’s sole business with a view to enabling such other foreigner to circumvent or violate provisions of this Act shall be liable to imprisonment for a term not exceeding three years or to a fine of one hundred thousand Baht to one million Baht or to both, and the Court shall order the cessation of such business participation or operation. In the case of violation of the order of the Court, the violator shall be liable to a fine at the daily rate of ten thousand Baht to fifty thousand Baht throughout the period of the violation.

A Thai national or a juristic person, not being a foreigner under this Act, who assists in or aids and abets or participates in the operation of a foreigner’s business specified in the Lists annexed hereto where such foreigner is not permitted to operate that business or who operates the business jointly with a foreigner in the manner holding it out as the former’s sole business or who acts as a foreigner’s nominee in holding shares in a partnership or a limited company or any juristic person with a view to enabling the foreigner to operate the business in circumvention or violation of the provisions of this Act, or a foreigner who allows such act to be committed by a Thai national or a juristic person that is not a foreigner under this Act, shall be liable to imprisonment for a term not exceeding three years or to a fine of one hundred thousand Baht to one million Baht or to both, and the Court shall order the cessation of the assistance or the aiding and abetting or order the cessation of the joint operation of the business or order the cessation of shareholding or partnership, as the case may be.

In the case of violation of the order of the Court, the violator shall be liable to a fine at the daily rate of ten thousand Baht to fifty thousand Baht throughout the period of the violation.

Any foreigner who operates a business in violation of section 6, section 7 or section 8 shall be liable to imprisonment for a term not exceeding three years or to a fine of one hundred thousand Baht to one million Baht or to both, and the Court shall order the cessation of the business operation or the cessation of the undertaking or order the cessation of shareholding or partnership, as the case may be. In the case of violation of the order of the Court, the violator shall be liable to a fine at the daily rate of ten thousand Baht to fifty thousand Baht throughout the period of the violation.

Any foreigner who operates a business in violation of section 14 or violates the conditions under section 18 (3) shall be liable to a fine of one hundred thousand Baht to one million Baht and to an additional fine at the daily rate of ten thousand Baht to fifty thousand Baht throughout the period of the violation.