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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.

RELATED INSIGHTS​ 

October 7, 2020
On September 14, 2020, Thailand’s Central Bankruptcy Court approved Thai Airways to enter into a court-supervised business rehabilitation (restructuring). The airline’s creditors will now be able to submit formal claims for debts owed, within one month from when the court’s appointment of the plan preparer is published in the Government Gazette. Publication is expected in early October.  
September 17, 2020
After the COVID-19 outbreak, a number of business operators were forced to react to the situation by reducing the number of workers or staff they employed. For the labour courts and labour officers, one important point related to such reductions is whether employers have paid the correct amount of severance, remuneration in lieu of advance notice, and overtime payments to their employees.
September 16, 2020
The COVID-19 pandemic has ushered in widespread economic turmoil, with quarantines, business closures, and precipitous declines in consumer and business spending causing momentous shifts in previously sound business models. This has already resulted in various business emergencies, from layoffs and broken supply chains to outright insolvency. This challenging environment seems to signal a bleak outlook for the foreseeable future, but distressed businesses—and their creditors—can take some comfort in knowing that bankruptcy laws around the world are designed for just such circumstances.
September 16, 2020
Recent amendments to Thailand’s Civil Procedure Code (CPC) will allow parties to submit a matter for court-supervised mediation prior to the actual filing of the case. Encouraging mediation prior to filing a complaint is intended to save time and resources that would otherwise be expended on a trial.These changes are contained in the Act Amending the Civil Procedure Code (No. 32) B.E. 2563 (2020), which was published in the Government Gazette on September 8, 2020, and will apply to all disputes from November 7, 2020, onward.