ปัญหาทางกฎหมายที่ทำให้บริษัทที่แปรรูปจากรัฐวิสาหกิจขาดความคล่องตัวในการดำเนินธุรกิจ: ศึกษากรณี บริษัท ทีโอที จำกัด (มหาชน)

LEGAL PROBLEMSTHAT RAISE INFLEXIBIRITY PROCEDURE IN BUSINESS MANAGEMENT WITHIN PRIVATIZED STATE-OWED ENTERPRISES: TOT PUBLIC COMPANY LIMITED CASE STUDY

Abstract

The main objectives of this study are (1)To study the origin and the objective of privatization. (2)To study the TOT public company's legal status. (3)To study problems in legal issues that could deter TOT business operation. (4)To study and to analyze the problem solving of legal issues that impair TOT management flexibility. The study indicates that due to some statutory requirements, TOT which is a legal entity under the Public Limited Company Act B.E. 2535 (1992) hardly competes with any company in its same industry. These requirements subject TOT to more laws compared to other companies and separate it from an ordinary public company. Moreover, TOT is also subject to varieties of investigation from supervisory authorities, also its unclear legal status results in inflexibility in management, deteriorating in competitiveness and inconsistency with privatization objective. These problems could be solved by legislature that segregates privatized company from being “a state-owned enterprise” whereas the ministry of treasury would hold more than 50% of shares in the company or by fully privatized the entity where the government shares would be diminished to below 50% of the company´s total shares so that the management will be truly in the hands of private parties.