-Unofficial translation-
Ministerial Regulation No.5 (B.E. 253​9)
Promulgated under the Securities and Exchange Act B.E. 2535 (As amended)


 

 

By virtue of Section 7 and the fourth paragraph of Section 90 of the Securities and Exchange Act B.E. 2535, the Finance Minister prescribes the Ministerial Regulation as follows:

 

Clause 1 Any securities company obtained some but not all of the securities business licenses in the category of securities brokerage, securities underwriting and securities dealing, may file an application for additional securities business licenses it has not yet obtained by complying with rules and procedures prescribed in this Ministerial Regulation.

[Amended by the Ministerial Regulation No.17 (B.E. 2545) promulgated under the Securities and Exchange Act B.E. 2535, dated 31st January B.E. 2545.]

 

 

Clause 2 Securities company eligible to file the application under Clause 1 shall not-
(1) be financial institution established under other laws;
(2) have another securities company held its shares in the amount equal to or exceeding ninety-nine percent of the total paid-up registered capital on the date on which the Securities and Exchange Act B.E. 2535 comes into force ;
(3) hold shares of any securities company in the amount equal to or exceeding ninety-nine percent of the total paid-up registered capital on the date on which the Securities and Exchange Act B.E. 2535 comes into force;
(4) be the securities company established upon the separation of finance and securities businesses of the securities company with disqualified characteristics under sub-clause (3);
(5) have financial condition or result of operation which the SEC may consider that the securities company severely suffers loss, the consideration on which shall take the following factors into account;
   (a) difference of net assets and net liabilities shall not be less than paid-up registered capital in the amount specified in Section 96 of the Securities and Exchange Act B.E. 2535;
   (b) net profit or not loss from operation during three consecutive years prior to the year of filing the application;
   (c) any step taken by the securities company to rectify financial condition or result of operation as approved by the SEC (if any);
   (d) any other factors which adversely affect the securities company’s financial condition or result of operation in such a way that [the securities company] shall severely suffers loss;
(6) not be company that fails to operate on date and in time specified without the SEC Office’s approval under Section 110 of the Securities and Exchange Act B.E. 2535 when the application is filed;

 

 

 

Clause 3 Securities company intending to apply for additional securities business licenses shall file an application with the SEC via the SEC Office in Form 90-6 attached herewith together with two copies thereof. In filing of application under the first paragraph, securities company shall file with the following documents altogether:
(1) three year operation plan of the securities company in applying categories;
(2) financial statements during three years prior to the year of filing application for securities business license (if any);
(3) copy of securities business licenses already obtained;
(4) the most recent certificate of company registration issued by the partnership and company registrar, the Ministry of Commerce;
(5) any relevant document specified by the SEC and published in the Government Gazette;

 

 

Clause 4 When the SEC receives of the application in accordance with Clause 3 and is of the view that the securities company filing such application has qualifications as specified in Clause 1 and Clause 2, the SEC shall recommend the Minister to issue securities business license within ninety days from the date on which the SEC Office receives complete application and supplementary documents. The Minister shall complete his consideration for issuance of securities business license within thirty Securities business license under the first paragraph shall be in form attached herewith.

 

Clause 5 The licensee shall pay the license fee in accordance with Clause 6, provided that it may choose to pay a lump sum on the date of receiving the license or pay not more than five annual installments divided equally.

 

In case of installments, the first installment shall be paid on the date of obtaining the license and the following installments shall be paid prior to such date in the following calendar years. [Amended by the Ministerial Regulation No.13 (B.E. 2541) promulgated under the Securities and Exchange Act B.E. 2535, dated 7th August B.E. 2541.]

 

 

[The third paragraph is repealed*]
[Repealed by Clause 2 of the Ministerial Regulation No.17 (B.E. 2545) promulgated under the Securities and Exchange Act B.E. 2535, dated 31st January B.E. 2545.]

 

 

 

Clause 6 Fees shall be prescribed as follows:
(1) application for securities business license Baht 500;
(2) securities business license in the category of securities brokerage Baht 100,000,000 ;
(3) securities business license in the category of securities underwriting Baht 100,000,000;
(4) securities business license in the category of securities dealing Baht 50,000,000;
(5) repealed
[Repealed by Clause 3 of the Ministerial Regulation No.17 (B.E. 2545) promulgated under the Securities and Exchange Act B.E. 2535, dated 31st January B.E. 2545.]

 

 

Given on the date of 18th January B.E. 2539

 

Tarrin Nimmanhaeminda
Finance Minister

 


 

 

This English version is prepared by Legal Department with the sole purpose of facilitating the comprehension of foreign participants in the SEC’s rules and regulations and shall not in any event be construed or interpreted as having effect in substitution for or supplementary to the Thai version thereof.
 
Please note that the translation has not been subjected to an official review by the SEC Office. The SEC Office, accordingly, cannot undertake any responsibility for its accuracy, nor be held liable for any loss or damages arising out of or in connection with its use.