Page 23 - พระราชบัญญัติล้มละลาย ฉบับที่9 2559

Vol. 133 Part 46 Gor Government Gazette 24 May B.E. 2559

Section 90/110 The Plan Executor may request the Court to issue an order for
permission to remake the by-laws of the debtor, amendment to the by-laws or contents of
the memorandum of association of the debtor according to the guideline in the Plan.
When the Court issues an order for permission under Paragraph One, the provisions of
Section 90/106 shall apply mutatis mutandis.
Section 90/111 The Plan Executor shall retire from office under the following circumstances.
(1) Death;
(2) A juristic entity which is the Plan Executor is dissolved;
(3) The Court allows the Plan Executor to resign;
(4) The Plan Executor’s property is under control by the Court order, or the Plan
Executor is adjudged by the Court to be incompetent or quasi-incompetent;
(5) Being imprisoned pursuant to the Court’s final judgment, except for offences
arising out of negligence or for petty offences;
(6) Retirement from office pursuant to the conditions provided by the Plan;
(7) When the duration of implementation of the Plan comes to an end, or the
implementation is successful according to the Plan;
(8) The Court orders for retirement from office according to Section 90/113.
Section 90/112 The Plan Executor shall make a report on implementation in compliance
with the Plan to be presented to the Official Receiver on a quarterly basis. The report must be in
the form provided by the Official Receiver.
Section 90/113 Where the Plan Executor fails to carry out the implementation under the
Plan, or does the duty in bad faith, or causes damage to the creditors or debtor, or there are other
grounds that cause inappropriateness for him to be the Plan Executor. When the official receiver
makes a report to the Court, creditors, manager of the debtor, or the debtor files a request with
the Court, the Court may issue an order for the Plan Executor to retire from office or any order as
it may be deemed appropriate.
Section 90/114 After the Plan Executor has retired from office and still has some
activities under the Plan that must be carried out, if a creditor or debtor nominates a person
as a new Plan Executor to the Court and there is no objector, the Court shall appoint that person
as Plan Executor.
Where there is an objector to the nomination, the Court shall order the Official Receiver
to summon a meeting of creditors soonest in order to pass a resolution on selection of a new
Plan Executor, and the resolution of the meeting of creditors shall be passed by at least two
thirds of the total amount of debts of the creditors present at the meeting of creditors, in person
or by proxy, and casted votes on that resolution. Also, the Official Receiver shall present that
nomination to the Court for it to issue an order appointing that person as Plan Executor.
After having held a meeting of creditors pursuant to Paragraph Two, however,
the meeting of creditors may not be able to pass a resolution for selection of a new Plan
Executor, the Official Receiver shall so report to the Court. In this regard, the Court shall
urgently schedule a conference to consider the report of the Official Receiver, and
shall provide the Official Receiver with ample time to send notifications to the debtor

คู่มือพระราชบัญญัติล้มละลาย 21 BANKRUPTCY ACT