-Unofficial translation-
Ministerial Regulation No.2 (B.E. 2536)
Promulgated under the Securiti​es 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 Financial institution eligible to apply for securities business license under this Ministerial Regulation shall be any of the followings-
(1) commercial bank under law on commercial banking;
(2) finance or credit foncier company under law on undertakings of finance business, securities business and credit foncier business;
(3) financial institution established under specific law;
(4) securities company under law on securities and exchange except securities company licensed to undertake securities business in the category of mutual fund management. [Amended by the Ministerial Regulation No.16 (B.E. 2544) promulgated under the Securities and Exchange Act B.E. 2535, dated 4th December B.E. 2544.]

 

 
 
 

Clause 2 Financial institution under Clause 1 may apply for securities business license only in the category of debt securities dealing or underwriting. Nonetheless, if such financial institution has been eligible to undertake securities business in the category of dealing or underwriting of any other types of securities prior the Securities and Exchange Act B.E. 2535 comes into force, it may apply for securities business license regarding such other securities.

 


 
Clause 3 Financial institution under Clause 1 intends to operate securities business in the category of debt securities underwriting shall file an application for approval thereof with the SEC Office in form and together with supplementary documents as specified in the SEC’s Notification. [Amended by the Ministerial Regulation No.16 (B.E. 2544) promulgated under the Securities and Exchange Act B.E. 2535, dated 4th December B.E. 2544. ]

 

 
 

 

Clause 4 Financial institution eligible to obtain securities business license shall-
(1) be able to maintain capital funds and set aside reserve capital in accordance with law controlling business undertaking of such financial institution;
(2) have sound and efficient management with caution and trustworthiness as well as accounting system which is generally accepted and sound internal control;
(3) have executives with capability and honesty, consideration on which shall be taken into account of working records.
[Amended by the Ministerial Regulation No.16 (B.E. 2544) promulgated under the Securities and Exchange Act B.E. 2535, dated 4th December B.E. 2544.]

 

 

 

Clause 5 In case where the SEC has received the application filed under Clause 3 and is of the view that the applicant has qualifications as specified in Clause 4, the SEC shall recommend the Minister to issue license within ninety days from the date on which the SEC Office receives complete application and supplementary documents. The Minister shall complete his consideration within thirty days from the date of receiving the SEC’s recommendation. Securities business license under the first paragraph shall be in form attached herewith.

 


Clause 6 Fees shall be prescribed as follows:
(1) application for securities business license in the category of debt securities underwriting Baht 50,000
(2) securities business license in the category of debt securities underwriting Baht 500,000 The licensee shall pay license fee on the date of obtaining the license.
[Amended by the Ministerial Regulation No.18 (B.E. 2545) promulgated under the Securities and Exchange Act B.E. 2535, dated 31st January B.E. 2545.]
 

 

 
 
 

Given on the date of 26th August B.E. 2536

 
 
  
Tarrin Nimmanhaeminda
 
Finance Minister
 

 

 


 
 
 

Note: Clause 2 of Ministerial Regulation No.18 (B.E. 2545) promulgated under the Securities and Exchange Act B.E. 2535 provides that "The licensee to operate securities business in the category of debt securities dealing or underwriting prior to the effective date of this Ministerial Regulation who has paid 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 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.​