Following
the complaints filed with the SEC by seven investors, it was found that during
30 August 2021 – 16 November 2022, they invested in debt instruments issued and
offered for sale to institutional investors and/or high-net-worth investors
through Miss Tunyaporn. She engaged in contacting, soliciting, and offering
such debt instruments to the seven investors without verifying their
qualifications and/or without requesting complete documentary evidence to
substantiate their status as high-net-worth investors in accordance with the debt
offering regulations. Moreover, she prepared false documentation regarding the
investors’ qualifications as high-net-worth investors for use in support of
their investment in the debt instruments, and submitted such documentation to
Maybank Securities (Thailand). As a result, the investors were deemed to meet
the qualifications of high-net-worth investors eligible to invest in the said
debt instruments. Consequently, Miss Tunyaporn received remuneration during the
relevant period totaling 30,000 baht, which constituted a benefit improperly
obtained, as the investors did not in fact meet the qualifications of
high-net-worth investors.
The SEC
considered that Miss Tunyaporn’s aforesaid conduct constituted a failure to
perform duties or provide services with honestly and good faith by abusing her
duties to seek benefits for herself, and a failure to perform duties with
responsibility and professional due care by giving false information or
preparing false documentation. Such conduct is deemed prohibited
characteristics of personnel in the capital market business under the relevant
Notification of the Capital Market Supervisory Board*. The SEC has therefore
revoked her approval as an investment consultant for complex instruments type
1** and imposed a ban on accepting her future applications for approval as
capital market business personnel for a period of three years, effective from 19
December 2024***.
In determining administrative sanctions, the SEC takes 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
The SEC reiterates
that investors should carefully select debt instruments that are suitable for
their risk profile, taking into account their own qualifications to ensure
consistency with the type of debt instruments offered. For investment
consultants who are responsible for contacting and offering debt instruments to
investors, the SEC emphasizes that they must verify investors’ qualifications
and obtain complete documentary evidence of such qualifications on every
occasion, in order to ensure that the offering and investment consultation are
suitable for each investor.
Notes:
* Clause 23(1)(2) is a prohibited characteristic of capital market business
personnel under Clause 31(1) of the Notification of the Capital Market
Supervisory Board No. TorLorThor. 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. TorLorThor. 48/2560 Re: Rules on Personnel
in the Capital Market Business (No. 7), dated 30 August 2017.
** Investment Consultant for Complex Instruments
Type 1 refers to a person who is allowed to give investment consultation on all
types of non-complex capital market products and complex or high-risk
instruments, e.g., 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, structured notes, and
derivatives.
*** Miss Tunyaporn’s applications for approval as
capital market business personnel submitted during the three-year period,
effective from 19 December 2024, will not be accepted.