Law Development to Promote Holding Company Establishment in the Digital Economy

Abstract

The development to promote holding company establishment in the digital economy aimed to investigate concepts related to promoting holding company establishment in the digital economy and explore legal measures related to promoting holding company establishment in the digital economy of Thailand and foreign countries through documentary research and related research, analyzing and presenting the results according to the research objectives. The findings revealed that the business sector adopted technologies to increase efficiency and build added value to business conduct in terms of manufacture, transportation, distribution, and service, which were considered strategies of the business world in the new era. Although the holding businesses earn an income mainly from holding shares in other companies, they do not conduct their own business significantly. At present it was found that it tended to grow continuously in the digital economy because it was the type that reinforced the shareholding structure and risk management. However, Chapter 4: Limited Companies (Title XXII, Book III) in the Civil and Commercial Code does not clearly separate the status of holding companies from general limited companies. This leads to the failure to establish specific rules in regulating, monitoring, or specifying the measures to promote investment appropriate with specific characteristics of holding companies efficiently. Therefore, to promote holding company establishment in the digital economy, the researcher would like to propose the amendment of the Civil and Commercial Code by adding the definition of holding company, shareholding structure, regulation, and data disclosure, as well as business conduct.