Resolution of non-restructurable NPLs relies on efficient forclosure and liquidation processes, both of which take years. Nonetheless, there are signs of progress. The BOT reported that NPLs of financial institutions as of March 2000 amounted to Bt 1.99 trillion (37percent of total loans). In the first quarter of year 2000 new NPLs continued to enter into system, but at a slower pace (1.8 percent of total loans) than in the previos quarter (2.5percent of total loans).
A draft of the ‘Financial institutional law’ was approved by cabinet and the Council of State during the first quarter of year 2000. The emphasis of the draft law includes financial liberalization, strengthened supervision, prompt corrective action, and improvement in disclosure and corporate governance. The draft law is awaiting final cabinet endorsement, after which it will be submitted to the lower House for the first reading
It seems that Thailand will continue with its slow ‘voluntary’ way for restructuring, whereby the public authority has a ‘stimulus’ rather than an executive role. A report of the Executive board of the IMF seems to stand by this view. It warned,however, of extra caution in order for the restructuring not to slow further down and also to press ahead with the restructuring of state owned banks, which account for more than half of the system-wide NPLs.
Reform measures for the corporate sector
Thailand’s strategy for corporate restructuring, like that of the other countries, consisted of new institions, better incentives, and improvements in the legal framework. In August 1998, the government created the corporate debt restructuring advisory committee and attempted to create an effective legal framework for recovering debt through bankruptly legislation, while providing tax and other incentives to encourage corporations and banks to restructure bad debt.
In Thailand, more than in other countries, corporate restructuring has been hindered by delays in the reform of bankruptly laws. Such delays were often due to the fact that some political figures, particularly senators, were closely involved in some of the failing businesses.
Reform of the bankruptly process had been a condition of the second letter of intent with the IMF in November 1997, but legislation proposed by the government ran into strong objections from senators who would be adversely affected by the legislation, including particularly the heads of two heavily indebted groups, Thai Petrochemical and NTS steel. When bankruptly reform was first examined in early 1998, objections centred on the relative powers granted to creditors and debtors in the new process, including the ability to appoint administrators to appoint administrator who would influence the restructuring plan, and the absence of provisions that would allow debtors to remain in possession. Opponents feared that the lack of Thai insolvency professionals, who would have less of an interest in reviving the company. The changes introduced by the enate contributed to a bill discouraged its use; moreover, accompanying legislation governing foreclosure was not passed. Between May, when the bill was passed, and August only five business rehabilitation plans had been filed with the courts. When the amended bills were reintroduced in the fall, the criticism in the senate widened to include a range of new issues and changes that would have weekened the legislation. In the end, the changes brought forward in the examination process were mostly pushed aside, and the bankruptly and forclosure laws passed with procedural concessions to the senate. But the process had taken the government over fifteen months to complete, and even then concerns remained that the procedural concessions with respect to the appeals process made the bankruptly process unwieldy.