Following the SEC’s public hearing on the principles for amending the above regulations during November–December 2025 and the public hearing on the draft notifications during April–May 2026, most respondents agreed with the proposed principles and draft notifications. The key aspects are summarized as follows:
(1) Enhancing clarity in PFS disclosure requirements by stipulating that disclosures must be clear, transparent, and not misleading regarding the policy, type, risks, or returns of investments. For example, when past performance is disclosed for advertising purposes, business operators must not selectively present only periods with favorable returns. Disclosure of past performance must also be presented in a clear and comprehensible manner and must appropriately reflect the accuracy of the information;
(2) Increasing flexibility in reporting of individual investment portfolio status of private funds by allowing reporting formats to be tailored to investor types and services, while ensuring that investors continue to receive essential information necessary to monitor their performance and status of an investment;
(3) Enhancing clarity in the management of conflicts of interest (COI) by establishing clearer guidelines on transactions between funds or between clients under the same management (cross trade), in line with the approach applied to mutual funds. This application require disclosure of fees, remuneration, or other benefits that may give rise to COI covering private funds and provident funds.
The amended notifications* were published in the Government Gazette and have been in effect since 16 July 2026.
Notes:
* Two relevant notifications are:
1. Notification of the Office of the Securities and Exchange Commission No. SorNor. 7/2569 Re: Rules, Conditions and Procedures for Managing Private Funds that Are Not Provident Funds (No. 2)
2. Guidelines No. NorPor. 3/2569 Re: Guidelines for Establishing Policies, Measures and Operating Systems Relating to Acts that May Involve Conflicts of Interest with Clients of Management Companies and Investment Portfolios of Management Companies