Showing 1-10 of 10 results
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Creditors' claims for debt repayment in reorganisation
Business, Tilleke & Gibbins International Ltd, Published on 08/07/2016
» Thailand's economy does not paint an image that befits the country's reputation as the "Land of Smiles". Politics, drought, floods and conflict in the Deep South have taken their toll on Thai businesses. As a result, we have seen a steadily rising number of business reorganisations over the past few years. This article outlines Thailand's business reorganisation procedures and how creditors can collect debts from companies involved in reorganisation.
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Changes in Thailand’s appeal system for civil cases
Business, Tilleke & Gibbins International Ltd, Published on 19/02/2016
» There are three tiers of courts in Thailand — the courts of first instance (Civil Court, District Court, Provincial Court and other specialised courts), appeal courts and the Supreme Court (Dika Court or Sarn-Dika). Thai law traditionally has allowed parties to appeal any court of first instance decision to the appeal courts and subsequently the latter’s decision to the Supreme Court. The Supreme Court’s judgement (referred to as the Dika) is final.
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Reorganisation: Business survival during a crisis
Business, Tilleke & Gibbins International Ltd, Published on 08/01/2016
» Thailand is no stranger to tumultuous events, be it unrest in the Deep South, widespread flooding, economic slowdowns in trading partners, domestic protests, exchange rate instability, global economic crises or flailing tourism.
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Challenging the constitutionality of laws in the absence of a constitution
Business, Tilleke & Gibbins International Ltd, Published on 27/11/2015
» Since 1932, Thailand has had 17 constitutions. During periods of non-elected regime change, usually following military coups, constitutions have been abrogated with interim charters put in place pending the approval of "permanent" constitutions.
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Effects of a land and buildings tax on condo owners
Business, Tilleke & Gibbins International Ltd, Published on 03/04/2015
» As has been widely reported, the Finance Ministry has proposed a new property tax on land and building owners. However, Prime Minister Prayut Chan-o-cha has decided to delay the new tax, citing concerns about weak economic growth and the bill's impact on the poor.
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The employee committee explained
Business, Tilleke & Gibbins International Ltd, Published on 09/08/2013
» Many companies have labour unions and employee committees, but few fully understand the potential significance or impact of these organisations. Unfortunately, even fewer understand the possible legal ramifications of taking disciplinary action against employee committee members.
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Customs arbitration for disputes on security amount
Business, Tilleke & Gibbins International Ltd, Published on 05/04/2013
» When importers bring products into Thailand, the goods need to pass through customs formalities, during which officials will inspect the products to assess duties. Duties are determined based on the real market value of the product and all related taxes. This means that the amount of duty can vary in different circumstances, resulting in some importers disagreeing with the amount assessed.
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Posting bail as an authorised director
Business, Tilleke & Gibbins International Ltd, Published on 27/07/2012
» Authorised directors are liable for the actions of their company, and in turn, they are sometimes involved in criminal charges. In such cases, they must prepare for the possibility that they may need to post bail to avoid a temporary stay in prison. There are typically two situations in which a director may have to consider posting bail.
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Potential liability for termination: An employer's perspective
Business, Tilleke & Gibbins International Ltd, Published on 01/06/2012
» Many employers are unaware that terminations of employees, if not carefully considered and conducted, could not only lead to claims of civil liability for unfair termination but also potentially impose criminal liability on the company and its directors as an unfair act. It is extremely important to clearly understand what constitutes unfair termination and an unfair act, and their differences.
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Bankruptcy liability for business partners
Business, Tilleke & Gibbins International Ltd, Published on 20/04/2012
» A partnership begins with a splash of optimism, a toast to the future and a plan for capitalising on business opportunities. But what happens when it all goes wrong? Aggressive creditors may force a partnership into bankruptcy and certain individual partners may be required to follow. This article is a primer on the bankruptcy liability of partners.
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