The SEC
has proposed amendments to the rules specifying the characteristics of advice
provided to the public through media that do not constitute the undertaking of
IA business to ensure that they are clear, appropriate, and aligned with
current forms of information dissemination. The proposed amendments aim to
enable business operators and relevant parties to comply with the rules
correctly and enhance investor protection. In addition, the SEC has proposed
amending
the definition of
institutional investor (II) to ensure consistency and uniformity. Accordingly,
the SEC conducted a public hearing on the proposed principles during
September–October 2026. Most stakeholders agreed with the proposed principles
and offered further comments and suggestions.
The
SEC has therefore taken these comments and suggestions into consideration in
preparing the draft notification and is seeking public comments on the draft.
The key points are as follows:
(1)
Amend the characteristics of advice provided through media that do not
constitute the undertaking of IA business to cover advice provided through
radio, television, newspapers, publications, social media, or any other
channels by bona fide publishers*, where such information is disseminated
broadly to the general public and is not tailored to the investment objectives,
financial position, and needs of any particular person.
(2)
Amend the definition of II to align with the definition of II
prescribed under the business conduct standards notification**, to promote
consistency in implementation and enable business operators to apply the rules
with greater clarity.
The
consultation paper is available on the SEC website at https://www.sec.or.th/TH/Pages/PB_Detail.aspx?SECID=1239 and on the Legal Hub at https://law.go.th/listeningDetail?survey_id=ODc0NERHQV9MQVdfRlJPTlRFTkQ=
Stakeholders and interested parties may submit comments via either website or
by email to kasamon@sec.or.th or ekarit@sec.or.th.
The
public hearing is open until 6 December 2026.
Notes:
* A bona fide publisher means a person who regularly and consistently engages
in the business of producing, compiling, or disseminating news or information
to the public; has a system or mechanism for overseeing and assuming
responsibility for the content disseminated; keeps the dissemination of news or
information separate from the provision of the person’s other services (if
any); and earns income or receives remuneration from such dissemination that is
not linked to the information recipient’s investment decisions.
** Notification of the Capital Market Supervisory Board No. Tor Thor.
35/2556 Re: Standard Conduct of Business, Management Arrangement, Operating
Systems, and Providing Services to Clients of Securities Companies and
Derivatives Intermediaries, dated 6 September 2013