Section 41 The quorum of the Commission’s meeting shall consist of no less than one-half of the total number of its members. If the Chairman is not present at the meeting or is unable to perform his duty, the Commission shall elect one of its members to act as the Chairman of the meeting. A decision of the meeting shall be made by a majority votes. Each member shall have one vote. In case of a tied vote, the Chairman shall have a second or casting vote. Section 42 The Commission shall have the power to appoint a sub-committee to consider or perform any act on behalf of the Commission. The provision of Section 41 shall apply to a meeting of the sub-committee mutatis mutandis. Section 43 The National Electronics and Computer Technology Center, National Science and Technology Development Agency shall be the secretariat of the Commission. CHAPTER 6 PENALTIES Section 44 Any person operating the service business relating to electronic transactions without notifying or applying for registration with the competent official as prescribed by the Royal Decree under Section 33, paragraph one, or in violation of the prohibition order to operate business of the Commission pursuant to Section 33, paragraph six, shall be liable to imprisonment for a term of not more than one year, or to a fine of not more than one hundred thousand Baht, or both. Section 45 Any person operating the service business relating to electronic transactions without acquiring a license pursuant to Section 34 shall be liable to imprisonment for a term of not more than two years, or to a fine of not more than two hundred thousand Baht, or both. Section 46 All offences under this Act, if committed by a juristic person, the manager or representative of the juristic person or the person participating in the operation of that juristic person shall also be liable to such offence, unless such person can prove that he did not know about such offence or did not participating in committing such offence. Note: The reasons for promulgation of this Act are as follows: At present, the communication methods are likely to be adjusted based on the development of the electronic technology which is convenient, fast and efficient. However, the methods of such electronic transactions are greatly different from those of transactions supported by existing laws. This results in the necessity to provide legal recognition of data messages by treating them the same as the message made or evidenced in writing, recognition methods of dispatch and receipt of data messages, use of electronic signatures, including the evidential admissibility of data messages, aiming to promote the reliability of electronic transactions to enable them to have the same legal effect as that given to transactions www.ThaiLaws.com 12