This article is aimed to study the problems related to the prohibition
of using a seal, an embosser and a color seal upon a cheque. As for the Bank
of Thailand prohibits a payment of money by way of affixing a seal upon a cheque for
purpose of implementation of ICS system, provided that; this will affect
the liability of the representative of juristic person and he/she will finally be
liable thereon personally. From the study, it is founded that, since ICS system
is the system applying only grayscale and black & white color; therefore, using
a seal thereupon will obstruct an inspection of signature putting on a cheque
due to its overlapped image and scale between the color of seal and the
lined pattern of signature thereon. In general, there are 2 cases of using a seal,
namely; 1) using a seal instead of signing in person under section 900, paragraph
two together with section 9, paragraph two of the Civil and Commercial Code.
A seal affixed to a cheque normally requires the signature of 2 witnesses, therefore; using the Imaged Cheque Clearing and Archive System: ICAS might be difficult
to inspect because of its concurrent availability of all signatures upon a cheque.
2) A seal used by the juristic person. Normally, the Article of Association of the juristic
person contains the condition that the representative of the juristic person is
authorized to sign his/her signature together with affixes a seal of such juristic
person: and the juristic person will be liable thereon. As a result, the standard
of the Bank of Thailand might effect the liability of the juristic person upon a cheque
because it might not be liable on a cheque without affixing its seal, this is clearly
against its own Article of Association that requiring both of its representativeûs
signature and of its a seal. In conclusion, this article suggests that the juristic
person should be authorized to amend its own Article of Association in order that
a cheque issued by such juristic person is allowed to use only with its
representative signature thereupon, excluding its seal, or in the case where a
cheque was already issued by the juristic person without affixing its seal,
such juristic person is deemed to grant its ratification of the signature thereon
if it is in ultra vires circumstance, or the representative of juristic person should
be allowed to write and state çacting on behalf of the juristic personé upon a cheque
in accordance with Section 901 of the Civil and Commercial Code. Besides,
there should be an amendment of provision in Chapter 4 governing çChequeé
of the Civil and Commercial Code of Thailand in order to prohibiting the use a seal
upon a cheque and to make a clear exception of Section 900 of the Civil and
Commercial Code.