Following
a report from KTB and the SEC’s further fact-finding, it was found that, during
2014–2021, Ms. Narueorn engaged in misconduct involving investor assets by continuously
and secretly selling clients’ investment units in multiple transactions. She
illicitly used other employees’ login credentials to approve the redemption of investment
units and the withdrawal of redemption proceeds, and forged the clients’
signatures on sale orders and withdrawal forms for redemption proceeds, causing
the clients total damages of 3,506,112.49 baht.
The SEC considers Ms. Narueorn’s actions to be a failure to perform her
duties or provide services with honesty and good faith, which is deemed a
prohibited characteristic for capital market business personnel under the
Notification of the Capital Market Supervisory Board.* The SEC has therefore revoked
her approval as investment consultant for complex instruments type 2** and
imposed a ban on accepting any future applications for approval as capital
market business personnel for a period of six years and eight months, effective
from 22 March 2023.***
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 indicating unsuitability
to serve as personnel in capital market businesses.
The SEC reiterates that investors should regularly review their unitholding
reports and bank accounts. If any unauthorized transactions or withdrawals are
found, investors should immediately refuse or raise an objection to prevent
potential damage. For further inquiries, investors should contact their service
providers or the SEC Complaint Center at Hotline 1207, via the SEC’s official Facebook
Page at “สำนักงาน กลต,” or through
SEC Live Chat on the SEC website.
Notes:
* Clause 23(1) is a prohibited characteristic of capital
market business personnel under Clause 31(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 Instruments Type 2 is allowed to give
investment advice on 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, and structured notes.
*** Ms. Naruorn’s applications for SEC approval to serve as personnel in the
capital market business will not be accepted during the six-year-and-eight-month
period, starting from 22 March 2023.