Business Collateral and Mortgage Law

Main Article Content

Ampawan Mongkolin

Abstract

The Law on business collateral in both the United States and the United Kingdom is
considered a model for asset securitization without having to deliver collateral. Thailand recently
enacted the Business Security Act of 2015 aiming to facilitate business entrepreneurs by recognizing
securitization of economically-valued collateral without delivery of such assets to the creditors.
This enables entrepreneurs to exploit benefits of retaining assets for the sake of their businesses
including more opportunities to access to funds. However, the existing mortgage law has certain
restrictions to the concept of the new security law. Therefore, this article purports to explore relevant
provisions of both legislations in order to shed lights on different modes of collateral connections
including definitions, forms of contract, enforcement. The study hopes to enable entrepreneurs to
understand their appropriate collateral options and understanding intentions of the law which will
benefit economy and society as a whole.

Article Details

How to Cite
Mongkolin, A. (2018). Business Collateral and Mortgage Law. University of the Thai Chamber of Commerce Journal Humanities and Social Sciences, 38(3), 133–142. Retrieved from https://so06.tci-thaijo.org/index.php/utccjournalhs/article/view/158087
Section
Academic Article

References

Civil and commercial code. ( n.d.). Bangkok, Thailand: College of Justice. (in Thai).

Department of Business Development. (2015). Business collateral act (2558 B.E.). Retrieved January 1, 2016, from https://web.krisdika.go.th/data/law/law2 /%cb60 /%cb60-20-2558-a0001.pdf (in Thai).

Department of Business Development, Secured Transaction Registry Division. (2015). Learning together….with the business collateral law. Retrieved January1, 2016, from https://www.google.co.th/url?
sa=t&rct=j&=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwiM_5i5zqXSAhUEsJQKHfxECd8QFggaMAA&url=https%3A%2F%2Fwww.dbd.go.th%2Fewt_dl_link.php%3Fnid%3D15255%26filename%3Dsecured&usg=AFQjCNH_607tmvqpsvspR6X2e_IexO5stA&sig2=XaGly05oVd0MJCYHik8Vsg (in Thai).

Jongjakapun, K. (2014). Interesting story about business collateral law. Bangkok, Thailand:Si Anan Printing. (in Thai).

Limparangsri, S. (2015). Quizs of the new law: Business collateral law. Guipaha, (3)62,171-192. (in Thai).

Monthapan, P. (2016). Collateral appraisal document In The practice of business collateral law seminar, p. 5. Bangkok, Thailand: Chulalongkorn University. (in Thai).

Raksong S. (2015). Factors influencing accessibility to bank credit by small and medium sized enterprises (SMEs) in Northeastern Thailand. University of the Thai Chamber of Commerce Journal, (35)4, 84-100. (in Thai).

Suwannasorn, P. (1986). Explanation of civil and commercial code, property. Bangkok, Thailand:Nitibannagarn. (in Thai).