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February 8, 2024

Business Rehabilitation Proceedings in Thailand

The primary goal of business rehabilitation proceedings in Thailand is to provide debtors who are facing insolvency with various mechanisms to address their financial difficulties. This includes restructuring their liabilities and assets while also ensuring that creditors receive repayment equal to or greater than the amount they would have received if the debtor had been declared bankrupt by the court.

Rehabilitation proceedings are governed by the Act on the Establishment of and Procedure for Bankruptcy Court B. E. 2542 and the Bankruptcy Act B.E. 2483. The Civil Procedure Code regulates any matters not governed by these two laws.

In the eyes of the Thai judiciary, rehabilitation proceedings are classified as a type of bankruptcy action—thus, the country’s bankruptcy courts have jurisdiction over rehabilitation matters.

Business Rehabilitation Proceedings in Thailand is a detailed guide to the rehabilitation process for businesses in Thailand. It contains important information for entrepreneurs, creditors, and other stakeholders in businesses in Thailand that are facing challenges and that may be candidates for business rehabilitation.

The full Business Rehabilitation Proceedings in Thailand guide can be downloaded through the button below.

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August 2, 2021
Lawyers from Tilleke & Gibbins’ Bangkok office have authored the Thailand chapter of the 2021 edition of Chambers & Partners Aviation Finance & Leasing Guide. John Frangos, partner and deputy director of Tilleke & Gibbins’ dispute resolution practice; Santhapat Periera, partner in the firm’s corporate and commercial department; and Nuanchun Somboonvinij, senior associate in the firm’s dispute resolution group, provided the Thailand update for the publication, which covers the most important legal developments affecting aircraft lessors, lessees, and financiers in 32 jurisdictions worldwide. The guide provides in-depth details on the legal regimes affecting all aspects of aircraft sale and purchase, aircraft and engine leasing, and aircraft debt finance, including sale and lease agreement terms; taxation; lease registration and enforcement; lease assignment/novation; insurance and reinsurance; debt structuring; securities; liens; and many others that affect the day-to-day operations of leading players in the aviation industry. Chambers and Partners’ Global Practice Guides provide in-house counsel with expert legal commentary focusing on practical legal issues affecting business, and enable readers to compare legislation and relevant procedures across a range of key jurisdictions. The full Chambers & Partners Aviation Finance & Leasing Guide—including the Thailand chapter—is available for free on the Chambers and Partners website, and the Thailand chapter be downloaded as a stand-alone PDF through the button below.
July 2, 2021
In January of 2017 the Computer Crimes Act, B.E 2550 (CCA) was amended, providing, amongst other things, additional detail on computer data classifications that justify orders to suspend online dissemination of content. With the additional clarity provided in the 2017 amendments, the Ministry of Digital Economy and Society of Thailand began more actively pursuing online content that it considered to be in violation of the CCA or to be compromising Thai national security as provided in the Penal Code. As a result, the number of court orders issued to suspend the dissemination of online content has risen significantly over the past few years. At the same time as this escalation of court orders to take-down or otherwise remove certain online content, there had been little or no attempt to challenge such orders, largely due to the fact that orders are issued on an ex-parte basis and because of an absence of any clear method to appeal provided in the CCA. It was not until October of 2020, more than three years after the CCA amendments, that the public learned for the first time that a challenge to a previously issued court order for the takedown of content was successfully made. In such case, the court accepted a petition in opposition to the court takedown order and scheduled an additional hearing, ruling it proper to re-conduct the hearing and giving both parties the opportunity to provide the court with full information to decide on the challenge. While this was good news for the content providers and users in this case, the court, nonetheless, failed to provide specific criteria on what would justify a court ordering an opposition hearing or on when it would allow an opposition to even be filed with the court. In February of 2021 a second challenge