You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

September 8, 2022

Thailand Tightens Definition of SMEs Eligible for Special Protection from Unfair Credit Terms

Subscribe to Updates

Thailand’s Trade Competition Commission has amended the guidelines prohibiting large purchasers from setting unfair credit terms for small and medium-sized enterprises (SMEs). The new guidelines, which were published in the Government Gazette on August 17, 2022, revise the definition of SMEs and clarify the duties of concerned parties.

The original guidelines, which took effect in December 2021, set a favorable maximum period for credit terms for SMEs selling products or services to a third-party purchaser. Prescribing longer credit terms than the mandatory period would constitute an unfair trade practice in violation of the Trade Competition Act B.E. 2560 (2017).

In defining what businesses are considered SMEs, the guidelines set thresholds for the number of employees and amount of annual turnover. The amended guidelines maintain these thresholds, but the new guidelines require that both employee-number and turnover thresholds be met in order for a business to be considered an SME. In contrast, the original guidelines only required either the employee-number threshold or the turnover threshold to be met. This amendment will likely mean that fewer business operators qualify as SMEs.

Accordingly, two types of businesses are defined as SMEs under the guidelines:

  • Manufacturers of goods with up to 200 employees and an annual turnover of no more than THB 500 million (approximately USD 13.5 million); or
  • Service providers or wholesale or retail businesses with up to 100 employees and an annual turnover of no more than THB 300 million (approximately USD 8.1 million).

To benefit from protection under the new guidelines against unfair credit terms, SMEs must provide documents proving the number of employees and the amount of annual turnover to trade partners that purchase goods or services from them.

The new guidelines come into force on September 16, 2022.

For more information on the unfair credit term guidelines, or on any aspect of compliance with Thailand’s antitrust and competition laws, please contact Kobkit Thienpreecha at [email protected] or +66 2056 5534, Nutavit Sirikan at [email protected] or +66 2056 5510, or Suphitsara Jaturaphitjaroen at [email protected] or +66 2056 5645.

Related Professionals

Practices

Antitrust and Competition

Corporate/M&A

Customs and International Trade

Location

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.  
Read More
September 21, 2020
The Myanmar Customs Department (MCD) organized another Intellectual Property Awareness and Product Identification Workshop at its Customs Training School in Yangon on August 6, 2020, for its frontline customs officers. Such workshops are held numerous times every year, serving as a platform for foreign brand owners and their local representatives to educate and update the enforcement officers on methods for differentiating their genuine products from counterfeits and imitations when inspecting suspicious shipments at ports of entry into the country.
Read More
September 18, 2020
On September 1, 2020, Thailand’s Securities and Exchange Commission (SEC) announced the consolidation of the annual registration statement (Form 56-1) and annual report (Form 56-2) into the new “Form 56-1 One Report” with the objective of reducing listed companies’ filing and reporting burden. The consolidated form will supersede the previous two forms starting January 1, 2022, beginning with listed companies whose fiscal year ends on December 31, 2021.
Read More
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.
Read More