PE
Trusts are one of the key fundraising mechanisms for investment in businesses
outside the stock exchange, startups, and businesses driven by innovation and
creativity. Under the SEC’s current regulations, investment in PE Trusts is limited
to institutional investors or ultra-high net worth investors* under the
relevant regulations.
The SEC
is therefore considering amending the definition of institutional investors to
additionally cover government agencies with roles in promoting research and
innovation, as well as university holding companies**, to allow greater
investment through PE Trusts. This would support fundraising by
innovation-driven businesses and businesses with growth potential for the
country, promote fundraising through PE Trusts, and increase opportunities for
businesses to access sources of funding. The key points of the proposed amendments
are as follows:
(1) A government agency whose mandate includes
promoting or supporting research or innovation, including a juristic person
established pursuant to the policy of such agency for the purpose of investing
in other businesses.
(2) A juristic person established
pursuant to the policy of a higher education institution for the purpose of
investing in other businesses.
The
proposed additions would apply only to transactions related to investments in
PE Trusts.
The consultation paper is
available on the SEC website at https://www.sec.or.th/TH/Pages/PB_Detail.aspx?SECID=1221
and on the Legal Hub at https://law.go.th/. Stakeholders and interested parties are invited to submit
comments through either website or by email at fundraisingpolicy@sec.or.th.
The public hearing ends on 15 October 2026.
Notes:
* Notification of the Securities and Exchange Commission
No. Kor Jor. 39/2564 Re: Determination of the Definitions of Institutional
Investor, Ultra-high Net Worth Investor and High Net Worth Investor, dated 24
December 2021 https://publish.sec.or.th/nrs/9265s.pdf
** A
university holding company is a business unit with a separate juristic person
status from a university or a state research institution, established to manage
investments in innovation-driven businesses.