PROBLEMS AND LEGAL OBSTACLES IN OBTAINING PERMISSION TO OPERATE A BUSINESS ANTIQUE TRADE

Abstract

This research examines the problems and legal obstacles in obtaining permission to operate an antique trading business. It was found that the Auction and Antique Trade Control Act B.E. 2474 (1931), which was last amended (Amendment No. 5) in B.E. 2535 (1992), had not been updated for over 30 years. As a result, the Act has legal gaps that make it ineffective in regulating the modern antique trade. These gaps include unclear requirements for which types of antique businesses need to apply for a license under this law, qualifications or conditions for license applicants, procedures for conducting antique trade, supervision and inspection of antique trade, and penalties. These issues create difficulties for antique business operators and relevant authorities in complying with the law. The study suggests that the Auction and Antique Trade Control Act B.E. 2474 should be revised to be applicable to the current antique trade industry, ensuring that it does not cause problems for business operators and relevant authorities. The amendments should clarify the legal provisions regarding the types of antique businesses that must apply for a license, the qualifications or conditions of license applicants, the procedures for conducting antique trade, the supervision and inspection of antique trade, and the penalties. These revisions should be clear and keep pace with the current and future antique trade industry.