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Securities Exchange
Clearing House and Securities Depository
Center
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| Who is a "Securities
Exchange"? |
The Stock Exchange of Thailand (SET) is a center that provide trading
services of listed securities which include the system and method for trading
services as well as related business services such as clearing house,
securities depository centre, securities registrar, and rendering services on
securities data.
The SET was established in 1975 under the Securities Exchange of Thailand
Act B.E. 2517. Since the Securities and Exchange Act B.E. 2535 (the SEA) had
been effective, the Stock Exchange of Thailand became a regulated entity under
the SEA.
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operating securities
exchange, except the Stock Exchange of Thailand, will result in a 2 – 5
year-term of imprisonment, a Bt. 200,000 – 500,000 fine, together with a daily
fine.
for queries, please
cantact the SEC by phone at 0-2263-6074 , or by e-mail: msec@sec.or.th
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The SEA prescribed the qualifications of associated persons as follows:
A board of directors of
the Securities Exchange comprises of no more than five persons appointed by the
SEC and no more than five persons elected by members to serve as directors. The
manager of the Securities Exchange is also director of the Securities Exchange
as the position entails.
(Section 159)
Directors and the manager
of the Securities Exchange shall be subject to statutory qualification and
disqualification requirements prescribed in the SEA.
(Section 160 and
Section 165)
Directors of the
Securities Exchange shall hold office for two-year term. The directors who have
completed the term of office may be re-appointed but shall not hold office for
more than two consecutive terms.
(Section 161)
The board of directors of
the Securities Exchange shall appoint the manager of the Securities Exchange.
The manager shall hold office for a term of not exceeding four years and may be
re-appointed.
(Section 164)
1. Rules and regulations of the Stock Exchange of
Thailand
The issuance and amendments of rules or regulations of the Stock Exchange of
Thailand shall receive advice and consent from membership meeting. In some
cases, approval of the board of SEC is required. For instances, rules regarding
the acceptance and withdrawal of listed securities, rates for fees charged by
brokers in trading listed securities, membership supervision and control of the
Securities Exchange, and rates for the admission fees for membership.
(Section 170)
2. Reporting requirement
The board of directors of the Securities Exchange shall submit financial
statement and reports to the SEC within 14 days from the day the board of
directors proposed the reports to the meeting of the members of the Securities
Exchange.
(Section 181)
(1) Audited financial statement, balance sheet and income statement
(2) Statement of the chairman of the Securities Exchange
(3) Annual report
(4) Budget and strategic plan of the following year
(5) Any other reports as prescribed by the SEC
(Notification : Thor Dor. 79/2552)
3. Anti-abnormality in the securities trading
The SET, as a
preliminary regulator, has duty to monitor malpractice of securities trading.In
cases where further legal actions or further investigation are needed, the SET
shall submit the case to the SEC for further proceeding.
In case where there has
been a breakdown in the equipment used in the trading system, which prevents
the normal trading of listed securities in the Securities Exchange, the manager
of the Securities Exchange shall have the power to order a temporary suspension
of trading, and shall submit a report to the SEC immediately.
In case where there have
been any events, which prevents the normal trading of listed securities in the
Securities Exchange, the board of directors shall have the power to order a
suspension of trading, and shall submit a report to the SEC immediately.
In order to safeguard
against the damage which may be harmed to the public or the economy of the
country, the SEC shall have power to
(1) temporarily suspend the trading of all
listed securities in the Securities Exchange for a specified period deemed to
be reasonable;
(2) instruct the board of directors or the
manager of the Securities Exchange to act or omit to act as the SEC deemed
appropriate.
4. Inspection of the Stock Exchange of Thailand
To ensure that the SET operation is efficient, integrity, and in accordance
with the international standard, the SEC has adopted IOSCO principles. The
principles work as a guideline for setting the scope of examination and
expectation of SET operations. In 2004, the SEC had conducted an examination of
the SET operation which had the scope of an examination covered many important
areas. The inspection report stated that the SET operation achieved the
expectation of the SEC. Nevertheless, the SEC had some suggestions on important
issues including measures to prevent circulation of rumors, better adherence to
the updating REHABCO companies’ information, and measures to improve listed
companies’ free float proportion.
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This guide is
merely highlights / introduction of related provisions and regulations, and is
not meant for reference. We, therefore, would like to stress that those who
intend to use this as reference or guidance to comply must refer, instead, to
the actual or complete versions of the laws, notifications, rules, regulations,
interpretations or circulars.
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Who is a "Clearing House” and “Securities Depository
Center"?
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| | A clearing house is the center that provides services for
the settlement and delivery of traded securities including related
services. |
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| | A securities depository center is a center
that provides securities depository and withdrawal services including related
services for the purpose of account clearing. |
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| | Operating clearing house and securities depository center
shall obtain a license from the SEC. |
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operating securities
exchange, except the Stock Exchange of Thailand, will result in a 2 – 5
year-term of imprisonment, a Bt. 200,000 – 500,000 fine, together with a daily
fine.
for queries, please
cantact the SEC by phone at 0-2263-6254, or by e-mail: msec@sec.or.th
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Significant
Regulations
(The Notifications of Capital Market Supervisory Board (CMSB) No.
TorDor. 94/2552 and No. TorDor. 97/2552) |
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| | 1. Rules and Regulations of Clearing House and Securities
Depository Center |
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| | The board of directors of the Securities Exchange, with the
approval of the SEC, shall have power to specify the rules, conditions and
procedures for such operation. (
Section 224) |
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| | 2. Inspection of the Thailand Securities Depository
Co., Ltd. |
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| | The SEC has regulatory framework to inspect the operation of
the Thailand Securities Depository Co., Ltd. (TSD), a subsidiary of the SET
which acts as a clearing house and a securities depository center, on regular
basis. The SEC has adopted international standard as a guideline for assessment
of the TSD’s operation. In 2002, the SEC had conducted an examination of the
TSD. The scope of examination covered the issues of securities clearing and
settlement system, and depository system. |
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This guide is
merely highlights / introduction of related provisions and regulations, and is
not meant for reference. We, therefore, would like to stress that those who
intend to use this as reference or guidance to comply must refer, instead, to
the actual or complete versions of the laws, notifications, rules, regulations,
interpretations or circulars.
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