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*Please note that this newsletter is for informational purposes only and does not constitute legal advice. In addition, it is based on information as of its date of publication and does not reflect information after such date. In particular, please also note that preliminary reports in this newsletter may differ from current interpretations and practice depending on the nature of the report.
In June of last year, the Royal Decree Prescribing the Hire Purchase and Leasing Business of Automobiles and Motorcycles Business to be under the Financial Institution Business Act (the “Royal Decree”) was enacted in order to regulate the hire purchase and leasing of automobiles and motorcycles business (the “Hire Purchase and Leasing Business”). The Royal Decree grants regulatory authority to the Bank of Thailand (the “BOT”) to supervise operators that engage in the Hire Purchase and Leasing Business including, among others, non-financial institution business operators, commercial banks, finance companies. An overview of the Royal Decree has been summarized in our previous Article “Navigating New Regulatory Frameworks: Key Takeaways for the Hire Purchase and Leasing of Automobiles and Motorcycles Business”(NO&T Thailand Legal Update (August, 2025)).
Following the enactment of the Royal Decree, the BOT issued the Notification No. 55/2568 Re: Prescription of Criteria, Method and Condition for the Operation of Business of Hire Purchase and Leasing of Automobiles and Motorcycles dated 2 December 2025, which was published in the Royal Gazette on 3 December 2025 (the “BOT Notification”). The BOT Notification aims to create a fair, responsible and standardized operation of the Hire Purchase and Leasing Business in order to enhance customer protection.
The BOT Notification prescribes requirements covering various stages: (i) the pre-contractual stage, before customers utilize the services, (ii) the period during which obligations under the hire purchase or leasing agreements are being performed; and (iii) the period when customers face issues regarding installment payments. These requirements are intended to ensure that customers receive fair and appropriate services in terms of products, pricing, conditions, and post-service support.
While the BOT Notification sets out obligations for financial institutions, companies in financial sector, and non-financial institution operators, this Article focuses on the requirements, particularly applicable to non-financial institution operators of the Hire Purchase and Leasing Business as well as their obligations towards regulatory authorities.
The BOT Notification stipulates criteria of the Hire Purchase and Leasing Business, which serve as minimum standards for operators. An operator may undertake its operation in a way that is more favorable to the customers than the minimum standards.
The criteria are categorized into (i) general criteria and (ii) specific criteria as summarized below.
The general criteria includes, among others, collection and disclosure of interest, service fee and fine, calculation of interest rate, preparation of debt schedule. The table below shows details of the general criteria applicable to non-financial institution operators of the Hire Purchase and Leasing Business.
| CriteriaTransaction | Collection and disclosure of interest, fee and fine* | Interest rate | Type and list of service fee and fine* | Preparation of debt schedule* | Closure of account and early termination of agreement | |
|---|---|---|---|---|---|---|
| For operator of hire purchase business | ||||||
| Hire purchase with individual customer for personal use |
|
Effective interest rate not exceeding the following rate
|
Operators may charge service fee related to hire purchase and leasing which is expense incurred by operators due to the operation of the Hire Purchase and Leasing Businesses and the default by customers e.g. expense paid to government authority. |
Operators must prepare a debt schedule under the hire purchase agreement for each customer including, among others, number of installments, payment date, payment amount, and outstanding amount. |
*
|
|
| Hire purchase with individual customer for commercial purpose | – | – | ||||
| Hire purchase with juristic person | – | – | – | – | ||
| For operator of leasing business | ||||||
| Leasing with individual customer |
Same as above |
– |
Same as above |
– |
Same as above |
– |
| Leasing with juristic person | – | – | – | |||
*This criterion will take effect from 1 June 2026.
The specific criteria includes, among others, calculation of default interest, order of payment application, internal management for fair service, and outsourcing arrangement. The table below shows details of specific criteria applicable to the non-financial institution operators of the Hire Purchase and Leasing Business.
| CriteriaTransaction | Calculation of default interest and order of debt application | Internal management for fair and responsible financial service* | Outsourcing | ||
|---|---|---|---|---|---|
| Default interest rate | Basis for calculation on default interest* | Order of debt application* | |||
| For operator of hire purchase business | |||||
| Hire purchase with individual customer for personal use |
Default interest rate should not exceed 5% per annum. |
Operators must calculate default interest rate based on an installment amount comprising of principal, interest and VAT. |
Operators must apply the received payment to outstanding installment in accordance with the amount due for each installment. Payment shall first be applied to service fee, interest and principal that has been overdue for the longest period. |
Operators must comply with criteria as specified including, among others:
|
Operators which outsource service from a third party must be directly responsible to customers and must establish the selection process for outsourced party prior to execution of new agreement or renewal of agreement*. |
| Hire purchase with individual customer for commercial purpose | – | – | |||
| Hire purchase with juristic person | – | – | – | ||
| For operator of leasing business | |||||
| Leasing with individual customer |
Same as above |
Same as above |
Same as above |
Same as above |
Same as above |
| Leasing with juristic person | – | – | |||
*This criterion will take effect from 1 June 2026.
In addition to criteria that the operator of the Hire Purchase and Leasing Business must comply with, the BOT Notification stipulates the duties for the non-financial institution operator to conduct certain disclosures, filing, and notification to the BOT, for example:
The BOT Notification has already taken effect from 3 December 2025 onwards. However, certain criteria as remarked above will come into force on 1 June 2026.
In light of the approaching full effect of this BOT Notification in June 2026, operators of the Hire Purchase and Leasing Business, including both current and prospective operators, should pay close attention to and fully understand their compliance obligations thereunder. Operators falling within the scope of these requirements need to implement the necessary internal preparations and coordinate with customers to ensure that their business operations comply with the new regulatory standards governing the Hire Purchase and Leasing Business.
This newsletter is given as general information for reference purposes only and therefore does not constitute our firm’s legal advice. Any opinion stated in this newsletter is a personal view of the author(s) and not our firm’s official view. For any specific matter or legal issue, please do not rely on this newsletter but make sure to consult a legal adviser. We would be delighted to answer your questions, if any.
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