Following an inspection report
from KTB and the SEC’s further investigation, it was found that, during the
period from February 2012 to March 2025, Mrs. Rungratchanee committed
misconduct involving the misappropriation of assets belonging to 13 clients,
with a total value of THB 53,575,843.56. The misconduct comprised the
following: (1) using the documents of clients wishing to invest in term
funds to open fund accounts and apply for ATM cards in the clients’ names
without their knowledge or consent; (2) withdrawing money from the clients’
deposit accounts to purchase open-end funds that were not in accordance with
the clients' wishes; (3) secretly selling fund units belonging to those clients
and other clients; and (4) withdrawing money belonging to several clients,
including money in the accounts opened in the clients’ names, for her personal benefit
or to circulate the funds by transferring them to other clients’ accounts, and
then transferring the money onward to the clients’ actual deposit accounts so
that the clients would see the transferred amounts and believe that their
investments remained intact.
In addition, Mrs. Rungratchanee
created documentary records of fund trading transactions and withdrawals that
were inconsistent with the facts, and altered and destroyed the bank’s
documents in order to conceal the misconduct, as the case may be.
In this regard, after KTB
discovered such misconduct of Mrs. Rungratchanee, the bank has fully reimbursed
the clients.
The SEC considered that Mrs. Rungratchanee failed
to perform her duties or provide services with honesty and good faith, by
misappropriating investor assets. Such conduct is deemed a prohibited
characteristic for capital market business personnel under the Notification of
the Capital Market Supervisory Board*. Accordingly, the SEC has revoked her approval
as an Investment Consultant for Complex Products Type 2**,
and has determined to impose a 10‑year period, commencing from 6 November 2026,
during which any application by Mrs.
Rungratchanee for
approval to act as capital market business personnel will not be accepted***.
In determining the
aforementioned period, the SEC took into account several factors, including the
individual’s relevant roles and conduct; any penalties already imposed; the
extent of damages or benefits resulting from the actions; any corrective measures
or other actions that either support or hinder the SEC’s proceedings; and
records or past demeanors indicating unsuitability to serve as personnel in
capital market businesses.
The SEC emphasizes that
investors should regularly review their unitholding statements and bank
accounts. In addition, investors are advised not to
entrust investment consultants with, or sign, important documents related to
transactions, such as withdrawal forms, copies of identification cards, or bank
passbooks, to enable investment consultants to conduct transactions on their
behalf, in order to prevent potential losses that may arise from fraudulent
activities.
Notes:
* Clause 31(1) in conjunction
with Clause 23(1) 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 provide
investment advice on all types of non-complex capital market products, as well
as complex or high-risk debt instruments or investment units, such as
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.
***
Any application submitted by Mrs.
Rungratchanee for
SEC approval to be personnel in the capital market business during the 10-year
period, starting from 6 November 2026, will not be accepted.