Legal Development of Fundraising Control Measures: Under the Fundraising Control Act, B.E. 2487

Abstract

Background and Aims: To guarantee accountability and transparency in monetary contributions and to stop fraud and abuse, the legal development of fundraising control measures is essential. To protect donors, adhere to legal requirements, and maintain public confidence in political and nonprofit organizations, these regulations govern fundraising activities. This research aims to study and analyze the legal issues related to fundraising, focusing on the legal principles, concepts, and theories surrounding the regulation of fundraising, particularly the Fundraising Control Act, BE 2487, which has been in force for an extended period.

Methodology: This study is a research study of related documents, including concepts, and related theories, including the text of the Fundraising Control Act B.E. 2487.

Results: it is deemed necessary to propose improvements to the law as follows: (1) the definition of fundraising should be amended, as the current definition does not cover contemporary circumstances. (2) Regarding the actions of government officials, there is currently no legal authority to comprehensively inspect, regulate, or supervise fundraising activities. (3) The enforcement of the Fundraising Control Act, BE 2487, still lacks clear provisions on the regulations for fundraising in public spaces, which remain insufficient. A comparison with the laws of the United Kingdom and the Republic of Korea reveals that Thailand’s laws do not address advertising in various forms, nor do they provide for comprehensive control, monitoring, and post-approval state measures related to fundraising activities. Therefore, there is a need for amendments to ensure the provisions are more comprehensive and effective. (4) Section 9 of the Fundraising Control Act, BE 2487, does not include provisions for the storage of documents or evidence related to fundraising, nor does it address the need for accounting or reporting of financial records, including methods and time frames for reporting. Additionally, there is no stipulation regarding the maximum amount for fundraising. A more detailed comparative analysis of this issue is necessary. And (5) the facilitation of licensees may not be fully aligned with the current context, as the law does not specify timeframes for approvals, permits, or submission of documents to rectify incomplete evidence required for submission. The absence of such provisions contradicts the principle of facilitating the public under the Administrative Process Act of 2015. In addition, amending this law could further include provisions to regulate and monitor fundraising activities, ensuring transparency and the ability to audit fundraising efforts, thereby fulfilling the original objectives of the Fundraising Control Act.

Conclusion: The Fundraising Control Act needs to be changed to fix its current issues and align it with contemporary fundraising methods and international standards. These modifications will achieve the objectives of the law and align it with current administrative and societal demands by enhancing accountability, transparency, and regulatory oversight.