Earlier,
the SEC revised the principles on the prohibited characteristics of business
operators to provide greater clarity and to better reflect current risk
developments. The SEC then conducted a public hearing on the proposed
principles from April to May 2026, with most stakeholders expressing agreement
with the proposed principles.
The
SEC has therefore prepared three relevant draft notifications in line with the
proposed principles and is now seeking public comments. The key provisions are
as follows:
(1)
The prohibited characteristics of major shareholders would be harmonized across
all types of business operators to provide greater clarity and to better reflect
evolving risk developments. For example, the scope of consideration would be
expanded to cover money laundering offenses, as well as offenses relating to
the financing of terrorism and the proliferation of weapons of mass
destruction, both in Thailand and overseas. In addition, serious offenses under
all laws under the SEC’s supervision would be taken into account to
comprehensively address cross-sector risks arising from interconnected business
activities.
(2)
A unified standard for prohibited characteristics and for the assessment of the
severity of conduct of major shareholders across all types of business
operators would
be established.
(3)
A 90-day transitional provision would apply from the effective date of the
notifications to allow business operators and major shareholders sufficient
time to prepare prior to the notifications taking effect.
The consultation paper
is available on the SEC website at https://www.sec.or.th/TH/Pages/PB_Detail.aspx?SECID=1189 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 aurawan@sec.or.th, gritchanut@sec.or.th,
and witchulada@sec.or.th (for securities and derivatives
business operators) or jirapat@sec.or.th and wasu@sec.or.th (for digital
asset business operators).
The public hearing ends on 16 August 2026.