The SEC
has proposed amendments to the regulations to (1) accommodate
the public offerings by existing shareholders of the companies, with a view to
providing greater clarity in practice in cases where existing shareholders wish
to make public offerings concurrently with the companies’ initial public
offerings, and (2) revise the registration statement and draft prospectus formats
to ensure that investors are provided with sufficient and appropriate
information for investment decision-making. This is consistent with the
approach applicable to companies listed on the Stock Exchange of Thailand (SET)
and the Market for Alternative Investment (mai), while also helping to enhance
the attractiveness of LiVEx, boost the competitiveness of the Thai capital
market and promote fundraising opportunities for SMEs.
The SEC
is therefore seeking public comments on the proposed amendments. The key points
are summarized as follows:
(1)
Additional requirements are proposed to accommodate cases where existing
shareholders wish to make initial public offerings concurrently with the companies’
initial public offerings. Provided that such share offerings must not
contravene the relevant regulations of the SET, such as the silent period regulations,
or the requirement for investment by a venture capital entity (VC) or private
equity entity (PE) in businesses that qualify as small enterprises.
(2)
The registration statement for the offering of securities by SMEs (Form
69-SME-PO) would be revised to require shareholders who wish to make public offerings
concurrently with the companies’ initial public offerings to fully disclose
material information. Such shareholders must also arrange for all directors of
the issuing company to sign and certify the Form 69-SME-PO prepared by the
shareholders to affirm the accuracy of the information, while the issuing
company must also review such information to ensure compliance with the
relevant regulations.
The
consultation paper is available on the SEC website at https://www.sec.or.th/TH/Pages/PB_Detail.aspx?SECID=1196 and on the Legal Hub at https://law.go.th/. Stakeholders and
interested parties are invited to submit comments through these websites or by
email to fundraisingpolicy@sec.or.th. The public hearing ends on 4 September 2026.