Following the designation of digital assets as eligible underlying assets under the Derivatives Act, with the aim of advancing the development of Thailand’s derivatives market in line with international derivatives markets and accommodating growing investor demand, the SEC proposed revisions to the licensing framework for derivatives businesses to support the inclusion of digital assets as underlying assets. Under the proposed revisions, digital asset business operators would be able to apply for derivatives business licenses without having to establish new companies. This would bring the SEC’s regulatory oversight of all types of businesses under a unified standard, promote broader recognition of digital assets as an investment asset class, and provide investors with an additional option for investment risk hedging. The SEC conducted a public hearing on the proposed principles from April to May 2026. Most stakeholders agreed with the proposed principles and provided additional suggestions.

Accordingly, the SEC has prepared eight draft notifications based on the proposed principles, together with related documents, and is seeking public comments on the draft notifications. The key points are as follows: 
        (1) Revising the licensing criteria to facilitate interested parties and digital asset business operators in engaging in derivatives businesses without imposing undue burdens;
        (2) Revising the financial reporting standards applicable to derivatives exchanges and derivatives clearing houses to further strengthen regulatory oversight of the derivatives market infrastructure.

In addition to strengthening the regulatory requirements applicable to derivatives exchanges and derivatives clearing houses in line with international standards, the proposed revisions would enable investors to diversify risks within their investment portfolios more effectively by trading derivatives referencing digital assets through regulated derivatives exchanges and to receive appropriate protection when dealing with business operators under the SEC’s supervision.

The consultation paper is available on the SEC website at https://www.sec.or.th/TH/Pages/PB_Detail.aspx?SECID=1235 and on the Legal Hub at https://law.go.th/. Stakeholders and interested parties may submit comments through the websites or by email to hathaiphat@sec.or.th or ekarit@sec.or.th (for licensing of intermediary businesses), or nopnol@sec.or.th, patima@sec.or.th, wasin@sec.or.th, or dusit@sec.or.th (for licensing of derivatives exchanges and derivatives clearing houses). The public hearing ends on 28 November 2026.