The SEC, in the course of a routine inspection
of FSS's operations conducted under the risk-based approach (RBA) between April
and May 2025, found issues relating to FSS’s KYC/CDD systems. Subsequently, news reports
emerged regarding transactions involving companies listed on the Stock Exchange
of Thailand (SET) that may be linked to technology crimes (scammers) or money
laundering. This issue has attracted public attention, and relevant government
agencies have been monitoring actions relating to the prevention and
suppression of such activities. Accordingly, the SEC took these matters into
consideration and conducted further examination of the relevant operational
systems. It was found that during the period from 1 April 2024 to 21 December
2025, FSS, as a licensed securities brokerage business operator, had
deficiencies in its KYC/CDD systems, including the following:
(1) FSS failed to conduct KYC/CDD to
identify the ultimate beneficial owner (UBO), namely the natural person who
ultimately controlled the customers. In addition, FSS’s KYC/CDD measures were
incomplete with respect to identifying the ultimate shareholders of customers that were foreign juristic persons.
(2)
FSS failed to verify additional information to assess the reasonableness of such
requests in cases where customers sought significant increases in credit limits
from previously approved levels.
(3)
FSS failed to conduct enhanced KYC/CDD or implement intensified monitoring of
customers in cases where customers engaged in transactions inconsistent with the
information or documentary evidence relating to their financial capability, such as
where customers conducted high-value transactions involving margin deposits, receipt of securities, or share subscription transactions on
the SET that were inconsistent with the financial status presented to FSS,
despite the availability of information indicating that such customers might lack
sufficient financial capacity to conduct such transactions. For example, in the
case where customers were foreign juristic persons with low registered capital,
lacked audited financial statements from reliable auditors, or had no clearly reliable sources of income. In addition, FSS failed to adequately assess
the foregoing transactional activities for the purpose of submitting Suspicious
Transaction Reports (STR) to the Anti-Money Laundering Office (AMLO).
The above deficiencies in FSS’ KYC/CDD systems
constituted a violation of Section 113, subject to penalties under Section 282
of the SEA. The SEC has therefore filed a criminal complaint against FSS with
the ECD for further legal proceedings.
Mr. Anek Yooyuen,
Deputy Secretary-General and Spokesperson of the SEC, stated:
“One of the key measures to curb illicit funds is to require capital market
business operators, including securities businesses, derivatives businesses,
and digital asset businesses, to have systems that meet standards for customer
identification and verification (KYC/CDD), including the reporting of
suspicious transactions in order to ascertain facts relating to customers, as
capital market business operators serve as the first line of defense in
customer screening. Therefore, the SEC places importance on enhancing the operational
standards of business operators, as well as strictly enforcing the law against
business operators. In the case of FSS, upon finding deficiencies in its
KYC/CDD systems and potential involvement in violations of other laws, the SEC
has filed a criminal complaint with the ECD.”
Following
the criminal complaint filed by the SEC, the criminal enforcement process will
proceed with investigation by the inquiry official, prosecution by the public
prosecutor, and adjudication by the court of justice, respectively. In this
regard, the SEC will monitor the progress of the legal proceedings and fully cooperate
with relevant agencies to support legal enforcement under the SEA after the
criminal complaint has been filed.