In Thailand, in-court business rehabilitation is a legal proceeding that enhances a debtor’s chance to restructure business operations for corporate debtors who are unable to repay their debts. The purpose of this proceeding is to allow the debtor to continue operating the business and generate income to repay creditors. The amounts that creditors receive in the rehabilitation proceeding are greater than the amounts creditors would receive if the debtor went bankrupt. The law is not designed to allow debtors or creditors to use the business rehabilitation process in bad faith for their benefit or to defraud another party. Accordingly, the Business Rehabilitation Law, which is included in the Thai Bankruptcy Act B.E. 2483 (1940), provides criminal liability for actions taken before or during the process. This article addresses the key points regarding criminal liability for safeguarding debtors and creditors in business rehabilitation proceedings from any parties who act in bad faith. Criminal Liability in Business Rehabilitation The following provisions establish the framework for criminal liability in business rehabilitation cases, ensuring that all parties act with integrity throughout the process. The Bankruptcy Act of Thailand B.E. 2483 (1940) provides the relevant provisions regarding the business rehabilitation process. Additionally, if a company debtor or its authorized directors are found to have committed fraud or malfeasance under the Bankruptcy Act, they can also be held criminally liable under the Penal Code or related criminal statutes. The rehabilitation process aims to help a business recover financially under the supervision of the court. When the court approves the rehabilitation plan, the court appoints a business rehabilitation plan administrator to manage and implement the process. However, if it is discovered that the debtor, its executives, or even the plan administrator engaged in illegal activities prior to or during the rehabilitation process—such as tax evasion, embezzlement,

Attorneys from Tilleke & Gibbins have updated the latest edition of Doing Business in Thailand, a Q&A-style guide from Thomson Reuters Practical Law that offers an overview of key legal considerations for companies operating in jurisdictions worldwide. The contribution outlines the country’s legal and regulatory framework for foreign investment and business operations and reflects the latest legislative developments. The chapter addresses the following core topics: Legal system: Structure of the courts and the codified nature of Thai law. Foreign investment: Business restrictions under the Foreign Business Act, sector-specific regulations, exchange control rules, and investment incentives. Business vehicles: Overview of partnerships, private and public limited companies, and other legal entities. Employment: Labor protections, employment contracts, foreign worker requirements, and termination procedures. Tax: Corporate and personal income tax, indirect taxes, and tax obligations for residents and non-residents. Intellectual property: Registration and enforcement of patents, trademarks, designs, and copyrights. Data protection: Key provisions of the Personal Data Protection Act and related compliance obligations. Competition law: Regulatory framework under the Trade Competition Act. Anti-bribery and corruption: Relevant legislation and enforcement mechanisms. E-commerce and digital business: Legal regime for online transactions and digital platforms. Marketing and advertising: Consumer protection laws and regulations affecting advertising and marketing practices. Product regulation and liability: Safety standards, liability regimes, and roles of enforcement authorities. Practical Law, a legal reference resource from Thomson Reuters, publishes a range of guides for hundreds of jurisdictions and practice areas. The insurance and reinsurance guide is a valuable resource for legal practitioners, covering numerous jurisdictions worldwide. To view the latest version of the guide, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.

Anticorruption specialists at Tilleke & Gibbins in Bangkok have provided the Thailand chapter in the newly issued Anti-Bribery & Corruption 2025, a comprehensive guide from Lexology Panoramic to antibribery and anticorruption laws in various jurisdictions around the world. The Thailand chapter covers the following topics: Relevant international and domestic law: International anticorruption conventions, foreign and domestic bribery laws, successor liability, civil and criminal enforcement, out-of-court disposal and leniency Foreign bribery: Legal framework, definition of foreign public officials, gifts, travel and entertainment, facilitating payments, payments through intermediaries, individual and corporate liability, private commercial bribery, defenses, agency enforcement, patterns in enforcement, prosecution of foreign companies, sanctions, recent decisions and investigations Financial record-keeping and reporting: Laws and regulations, disclosure of violations or irregularities, prosecution under financial record-keeping legislation, sanctions for accounting violations, tax-deductibility of domestic or foreign bribes Domestic bribery: Legal framework, scope of prohibitions, definition of domestic public officials, gifts, travel and entertainment, facilitating payments, public official participation in commercial activities, payments through intermediaries or third parties, individual and corporate liability, private commercial bribery, defenses, agency enforcement, patterns in enforcement, prosecution of foreign companies, sanctions, recent decisions and investigations Update and trends: Key developments of the past year The Thailand chapter highlights significant developments in anticorruption enforcement, including recent landmark cases involving multinational corporations and intensified operations against fraud centers along the Myanmar border. The chapter also details Thailand’s legal framework for combating both domestic and foreign bribery, including the Organic Act on Anti-Corruption B.E. 2561 (2017). The full Thailand chapter is available as a PDF through the button below. Readers can also gain 30 days of complementary access to the full Anti-Bribery & Corruption 2025 guide and the rest of Lexology Panoramic’s varied offerings through this link.

Attorneys from Tilleke & Gibbins’ Bangkok office have authored the Thailand chapter in Litigation 2025 from Chambers & Partners. Litigation 2025 provides comprehensive insights into litigation procedures and practices across multiple jurisdictions. This authoritative guide serves as an essential resource for businesses, in-house counsel, and legal professionals seeking to understand the legal frameworks for litigation processes in different countries. The Thailand chapter offers detailed analysis of 14 key aspects of litigation, including: General characteristics of the legal system and court structure Litigation funding options and requirements Procedures for initiating lawsuits and pre-trial proceedings Discovery processes and injunctive relief Trial procedures and evidence admission Settlement mechanisms and enforcement Damages and judgment considerations Appeal processes and costs Alternative dispute resolution and arbitration Future outlook for dispute resolution in Thailand Each section provides practical guidance on navigating Thailand’s litigation landscape, making it particularly valuable for international businesses and legal practitioners involved in dispute resolution in Thailand. Chambers & Partners’ Global Practice Guides provide expert legal commentary on key practice areas across multiple jurisdictions. These guides enable readers to compare legislation and procedures across different jurisdictions while focusing on practical legal issues affecting business operations. The complete Litigation 2025 guide—including the Thailand chapter—is available for free on the Chambers and Partners website. The Thailand chapter is also available as a PDF through the button below.