Following an
inspection report from ttb Bank and the SEC’s further investigation, it was
found that during the years 2015 – 2024 Sareerat
acted in a manner that implied dishonesty and committed wrongdoing
against a client’s assets by (1) using the client’s credit card to withdraw cash
and spending the money for her own personal use, (2) replacing the client’s banking account contact information (mobile
number and email address) with her own information to register for the bank’s
internet banking services under the client’s name, and withdrew money from the
client’s banking account for her personal use, and (3) redeeming investment units in the client’s mutual fund
portfolios through the bank’s internet banking and transferring the fund from the
unit redemption to her own banking account. Her misconduct caused damages to the
client in the total amount of 389,622.60 baht. Sareerat has fully paid compensation for the damages to the
client.
The SEC has
considered that Sareerat’s acts under (1) and (2) constitute misconduct,
indicating dishonesty and significantly affecting the reliability of personnel
in capital market business, and the acts under (3) constitute a failure to
perform duties or provide services with loyalty by committing wrongdoing
against investor assets. Both
cases constitute prohibited characteristics for personnel in the capital market
business under the Capital Market Supervisory Board’s regulations.* Therefore,
the SEC has revoked Sareerat’s approval as Investment Consultant for Complex Products
Type 2** for 10 years. However, since her approval has already expired on 31 December
2024, the SEC has set a 10-year period starting from 15 October 2025 during
which her applications for approval to be personnel in the capital market
business will not be considered.***
In determining the
aforementioned period, the SEC has taken into account the following factors: relevant
roles, behaviors of the person under consideration, any penalties already
imposed on that person, the impacts in terms of damages or benefits arising,
any rectifications or other actions that are beneficial or obstructive to the SEC’s
proceedings, and any records or past demeanors indicating unsuitability to be
personnel in the capital market business.
The SEC strongly
urges investors to regularly review their mutual fund unitholding reports and
banking account statements. Investors should avoid using, or permitting the use
of, investment consultants’ email addresses or phone numbers for communications
or for receiving important documents. This precaution helps protect against
potential losses due to fraud.
Note:
* Failure to comply with Clause 23 (1), subject to the prohibited
characteristics of the personnel in the capital market business under Clause
31(3) of the Notification of the Capital Market Supervisory Board No. Tor Lor
Thor. 8/2557 Re: Rules on Personnel in the Capital Market Business dated 3 June
2014, as amended by the Notification of the Capital Market Supervisory Board
No. Tor Lor Thor. 48/2560 Re: Rules on Personnel in the Capital Market Business
(No. 7) dated 30 August 2017.
** Investment Consultant
for Complex Products Type 2 is allowed to give investment advice on all types
of non-complex capital market products and complex or high-risk debt
instruments or investment units, e.g., investment units of mutual funds offered
to institutional or ultra-high net worth investors, investment units of mutual
funds with investment in derivatives, hybrid securities, and structured notes.
*** Sareerat’s applications for obtaining SEC approval to be personnel in the
capital market business during the 10-year period, starting from 15 October 2025,
will not be accepted.