Bangkok Legal Service

Corporate Liability for Representative Creditor’s Claims

Legal illustration: Corporate Liability for Representative Creditor’s Claims
Legal illustration: Corporate Liability for Representative Creditor’s Claims

Article 5. Company A Limited had directors authorized to act on behalf of the company and/or Mr. Daeng signed the check and/or company seal for payment of the construction material debt to Mr. Khao, the aforementioned check was signed by Mr. Dam along with the payee when the check reached the due date, Mr. Khao took the check to collect the money. The Company A Limited stamped check was refused payment by the bank indicated as “Account Closed.” Mr. Khao then filed a complaint with the police investigator, who charged Company A Limited with violation of against Company A Limited, with Mr. Daeng acting as the representative of the company having fled. The police investigator had issued an arrest warrant, and the bank had been notified to the Court of the People’s Court of Bangkok. The Court of the People’s Court of Bangkok granted a postponement of the lawsuit for the company. Subsequently, the police investigator did not request another postponement for twenty days. On the sixth day, after the six days had elapsed, Mr. Dam was apprehended. He was then forwarded to the Public Prosecutor. The Public Prosecutor issued an order to prosecute Company A Limited and Mr. Dam, and filed a lawsuit against Company A Limited and Mr. Dam in the Court of the People’s Court. There was no postponement of the lawsuit for Mr. Dam. If you were the Court of the People’s Court of Bangkok, why? The Court of the People’s Court of Bangkok would file the complaint against the investigator. The case in which the Public Prosecutor is the plaintiff against Company A Limited, even though there was no postponement, does not fall under the case where one must request a postponement according to the Act Establishing the People’s Courts and Criminal Procedure in the People’s Courts Act B.E. 2499. The Public Prosecutor can file against Company A Limited to the court. As for the case in which the Public Prosecutor prosecutes Mr. Dam, because Mr. Dam was apprehended and brought before the Court of the People’s Court of Bangkok on the same day, this is a filing within forty-eight hours, in which case one must request a postponement according to the Act Establishing the People’s Courts and Criminal Procedure in the People’s Courts Act B.E. 2499 Section 7.

The Police Station in on .