-Unofficial translation-
Ministerial Regulation No. 7 (B.E. 2539)
Promulgated under the Securities and Exchange Act B.E. 2535 (As amended)​

 
 
 

 

By the 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 Regulations as follows:


 

Clause 1 Application and approval on establishment of limited company or public limitedcompany to undertake securities finance business and application and issuance of license to the companyso established to undertake securities finance business shall be specified in this Ministerial Regulation.


 

Clause 2 Securities company or organization relating to securities business intending to establish limited company or public limited company to undertake securities finance business shall file an application for approval of establishment of limited company or public limited company to undertake such business with the Minister for his approval under the SEC’s recommendation. Such application shall be filed with the SEC via the SEC office in form and together with supplementary documents specified in the SEC’s Notification as published in the Government Gazette.


 

Clause 3 The SEC shall recommend Minister to grant his approval on establishment of limited company or public limited company within ninety days from the date on which the SEC Office receives complete application and supplementary documents. The Minister shall complete his consideration thereon within thirty days from the date of receiving the SEC’s recommendation.


 

 

Clause 4 Once the Minister has granted his approval under Clause 3, approved person shall establish limited company or public limited company to undertake securities finance business. The company so established shall have formation of shareholders and their proportion of shareholding as specified the SEC. Upon the establishment of limited company or public limited company shall file an application for securities business license in the category of securities finance business. Such application shall be filed with the SEC via the SEC Office within one hundred and twenty days from the date obtaining the Minister’s approval in form and together with supplementary documents specified in the SEC’s Notification as published in the Government Gazette.
 

Where the approved person fails to establish limited company or public limited company or the company so established does not file an application for securities business license in such category within the period specified in the first paragraph, the approval granted shall be terminated.


 

Clause 5 Once the SEC receives the application filed under Clause 4 together with complete and correct supplementary documents, the SEC shall recommend the Minister to issue securities business license within thirty days from the date of receiving application together with complete and correct supplementary documents. The Minister shall complete his consideration for issuance of securities business license within thirty days from the date of receiving the SEC’s recommendation.

 

Securities business license in the category of securities finance business shall be in form attached herewith.


 

Clause 6 Limited company or public limited company that has been granted a license under this Ministerial Regulation shall comply with criteria, conditions and procedure specified by the SEC and shall maintain the formation and proportion of shareholding as approved not less than five years from the date of obtaining securities business license unless the SEC gives a waiver thereof.


 

 

Clause 7 Fees shall be prescribed as follows:
(1) application for securities business license in the category of securities financing Baht 10,000;
(2) securities business license in the category of securities financing Baht 10,000.
The licensee shall pay the license fee on the date of receiving the license. [Amended by the Ministerial Regulation No.20 (B.E. 2545) promulgated under the Securities and Exchange Act B.E. 2535, dated 31st January B.E. 2545.]

 


 

Given on the date of 29th June B.E. 2539

 

 

Bodi Chunnananda
Finance Minister

 


 

Note: Clause 2 of the Ministerial Regulation No.20 (B.E. 2545) promulgated under the Securities and Exchange Act B.E. 2535 provides that "The licensee in the category of securities financing which has obtained securities business license prior to effective date of this Ministerial Regulation and has paid the license fee for the year of such effective date shall be allowed to continue undertaking securities business as licensed and shall not be required to pay annual license fee afterwards."

 

 

 

 
 

This English version is prepared by Legal Department with the sole purpose of facilitating the comprehension of foreign participants in rules and regulations promulgated under the Securities and Exchange Act B.E. 2535 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.