LEGAL PROBLEMS RELATING TO LAW FOR MONEY COLLECTION

Abstract

Currently in Thai society, charitable appeals are abundant to assist individuals, protect animals, and support organizations and foundations in the context of absence of resources and natural disasters. Donations are substantial, and some malefactors fraudulently exploit charitable channels to misleadingly request donations for their own benefit or deceptive activities.

The Fundraising Control Act B.E. 2487 (1944; The Act) addresses charitable donation requests, but enforcement problems prevent their effective control due to technological advances speeding up the charitable process through applications (apps) and social media instead of traditional donation boxes.

An international comparative legal study was made between the Act and relevant law in England, Wales, the Republic of Finland and New South Wales (the Commonwealth of Australia). Results were that in Thailand, measures to control and supervise donation requests remain relatively problematic. The Act regulates donation requests for government, municipal, and public benefit purposes only, with no controls for donation requests for other purposes. In addition, donation solicitations subject to the Act lack flexibility in legal enforcement, insofar as every individual wishing to request donations must ask for permission at all times. There is also a lack of measures supervising donation request methods donations by electronic and non-electronic media channels. Measures required by law to prepare accounts receivable still lack adequate control and auditing measures, as well as reporting on performance after completed donated requests. Furthermore, regulators still lack authority in some important respects.