ปัญหาบางประการในการชำระบัญชีกรณีศาลสั่งตั้งผู้ชำระบัญชี / สุภาวดี พวงสมบัติ = Certain problems on liquidation in cases of compulsouy winding-up / Supavadee Pongsombat
The purposes of this thesis are to study the procedures of liquidation in accordance with the Ministry of Commerce’s regulations, and also to study the problems encountered by liquidators in carrying out their duties in the case where the liquidators are those designated by the law court under the operation of the Legal Executive Department of the Ministry of Justice. The study was made as follows:- a) related books and documents were studies, such as, the liquidation files of the Legal Executive Department, the Civil and Commercial Code, and the Liquidation Regulations of the Ministry of Commerce, b) interviews were made of those related to the liquidation, c) problems encountered in the liquidation were analysed and d) suggestions were made to remedy the obstacles. The result of the study revealed that the problems of liquidation are as follows: a) the preparation of financial statements on the last day of business operation, b) lack of co-operation from the persons concerned, and c) problems concerning the liquidators themselves From the study it was found that problems concerning balance sheet preparation were due to several causes, i.e. lack of supporting documents used in bookkeeping and irregular recording of transactions with the intention of concealing certain evidences. As for problems concerning the lack of co-operation and data information in regards to gathering of assets of certain companies, these are due to the following causes: the unwillingness of people concerned in answering questions regarding assets under investigation; incompleteness of accounting evidences and records concerning business assets, dilapidation and loss of assets due to abandonment. As for problems concerning the liquidators themselves, they are as follows: liquidation regulations of the Ministry of Commerce are sometimes not adhered to, liquidators themselves become confused as to their roles in bankruptcy cases and in compulsory liquidation, and financial statements prepared by liquidators are not in standardized form. In solving the aforementioned problems, the liquidators should exercise utmost diligence in carrying out their duties such as in holding inquiries, pursuing witnesses and searching for necessary information or in other words trying every possible means to obtain necessary data, while at the same time good maintenance of assets in their custody must be effected. After the abave efforts yield the required results, the liquidators will then be in a position o prepare a sufficiently correct financial statement at the last day of the business operation to be used as basis for collecting assets, payments of creditors and returning owners’ share in the business, if any. As for the confused roles of liquidators in Bankruptcy and Compulsory Winding-up cases, they might be able to execute their respective roles more efficiently should the work of the two section be segregated.
