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| SECTION KK - FRAUD |
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| This section deals with fraud by owners/directors of corporate
debtors. It may be 'hard' fraud (for example, transfer of assets of
the corporate debtor, illegal transfer of money) or "soft' fraud (for
example, false accounting). |
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(a) Are there instances of fraud in relation to a corporate
debtor in this economy?
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Yes, there are.
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(b) If so, is it usual that instances of such fraud will be
revealed when a corporate debtor is in financial difficulty or
becomes insolvent?
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In Thai insolvency law fixed that when a corporate debtor
was sued in insolvent case, they have to reveal in their assets,
accounting, financial situation and so on for protection themselves
from insolvent.
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(c) What is the attitude that is normally taken to such fraud
in this economy?
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The attitude that in normally taken to such fraud is make
false accounting for attracting any investors or buyers.
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(d) Is it the case, for example, that 'soft' fraud may be
overlooked (or not pursued) and 'hard' fraud may more likely be
pursued in this economy?
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It will be the case not only hard fraud be pursued but also soft
fraud likely be also pursued.
If there have been instances of fraud:
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If there have been instances of fraud:
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(i) does the insolvency law (or other civil law) provide
for possible recovery of the proceeds of (or damage caused by)
the fraud;
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In accounting act fixed in the punishment of false accounting
that anyone who make false accounting be punished for fixed
not more than Baht 30,000.
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(ii) does the criminal law provide for possible sanctions;
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For criminal sanction, accounting act fixed that anyone who
make false accounting be punished for imprisonment not more
than 3 years.
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(iii) how effective is the application of these laws in
practice?
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If we both use civil, and criminal sanction, it will effect
to the control of corporate debtor because the corporate debtor
will not make false accounting and creditor can easy check for
accounting, assets of Debtor's corporate.
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(e) Would it be common or usual that instances of fraud would:
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(i) be largely ignored;
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(ii) settled by negotiation; or
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(iii) pursued through either civil or criminal law sanctions?
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It would be common or usual that instances of fraud would pursued
through both civil and criminal law sanctions.
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