The SEC has proposed amendments to the principles on the management of unclaimed client assets to enhance flexibility for securities companies and derivatives brokers (business operators) in cases where they have to cease operations or are unable to maintain net capital (NC),* while continuing to safeguard client assets and enable clients to trace and reclaim their assets. A public hearing was conducted during January–February 2026, and most respondents agreed with the proposed principles.

The SEC has therefore prepared a draft notification and related reporting form in line with the aforesaid principles and is seeking public comments on the draft notification. The key points are as follows:

        (1) Amendments to regulations on the safeguarding of client assets
                    (1.1) Expanding the exemption for transferring unclaimed client assets to another business operator without requiring client consent, including cases where the business operator intends to surrender all business licenses;
                    (1.2) Enhancing flexibility for business operators to submit lists of inactive clients to the Central Securities Depository (CSD) for use in requesting the issuance of securities certificates, in cases where the business operators have undertaken all reasonable and appropriate efforts but are unable to contact clients or transfer their assets to another business operator;                    
                    (1.3) Requiring business operators that have submitted lists of inactive clients to the CSD for the issuance of securities certificates to disclose information to clients in accordance with the procedures prescribed by the SEC, for example, by publishing notices on the business operators’ websites or other channels searchable by clients for a minimum period of six months;
                    (1.4) Requiring business operators to submit reports to the SEC, in the form prescribed by the SEC, on the results of transferring client assets within 10 business days from the date on which the transfer, issuance of securities certificates, or deposit of assets is completed, to provide clients with an additional channel to search for such information through the SEC.

        (2) Amendments to regulations on actions in cases where a business operator is unable to maintain NC and has undertaken reasonable and appropriate efforts but is unable to contact clients or transfer their assets to another business operator, allowing the business operator to submit lists of clients to the CSD for use in requesting the issuance of securities certificates. The actions must be completed within 30 business days from the date on which the business operator is unable to maintain NC.

        (3) Amendments to regulations on the retention and disclosure of information by the CSD, requiring the CSD to maintain records of securities owners who cannot be contacted in such cases and ensure that this information is available for disclosure to the owners through prescribed methods, thereby providing the public with an accessible channel to verify and easily reclaim rights to their assets at a later date.

The consultation paper is available on the SEC website at https://www.sec.or.th/TH/Pages/PB_Detail.aspx?SECID=1188 and on the Legal Hub at https://law.go.th/. Stakeholders and interested parties are invited to submit comments through these websites or by email to sawarin@sec.or.th, arthipha@sec.or.th, wasin@sec.or.th, or dusit@sec.or.th. The public hearing ends on 6 August 2026.

Note: * In cases where business operators are unable to maintain the minimum required net capital (NC) and any of the prescribed events occurs, the SEC requires them to suspend business operations and return assets to clients or transfer such assets to another business operator to prevent damage to client assets.