According to the
SEC’s findings, XT .COM has provided a digital asset trading system to
facilitate trading and exchange of digital assets while charging fees.
Additionally, it has promoted and solicited users in Thailand to use XT .COM’s
services through Thai-language social media, i.e., Facebook, Telegram and
YouTube, and has set up XT .COM booth at events held in Thailand.
The
XT .COM’s activities
are liable to be an operation of digital asset exchange business under Section
3 of the Emergency Decree, for which XT .COM has not obtained a license, in
violation of Section 26, and subject to offenses and penalties under Section 66
of the Emergency Decree. The SEC has therefore filed the criminal complaint
against XT .COM with the ECD for consideration of further legal action.
Following the criminal complaint filed by the SEC, the criminal enforcement
process will proceed with an investigation by the inquiry official, a
prosecution of the public prosecutor, and an adjudication of the court of
justice, respectively. In this regard, the SEC will monitor progresses in the
legal proceedings and will cooperate fully with relevant agencies to support
legal enforcement under the Emergency Decree after the criminal complaint has
been filed.
The public and investors should exercise caution when using services
from unlicensed digital asset businesses as they will not be protected under
the law and may be exposed to risks of frauds and scams as well as the
potential misuse of funds for money laundering by offenders. Investors can
verify the list of digital asset business licensees on the SEC’s website at www.sec.or.th and SEC Check First application.
Additionally, the list of individuals or entities not regulated by the SEC is
available at the Investor Alert Section on the SEC’s website: https://market.sec.or.th/public/idisc/th/InvestorAlert.
To report any
information regarding suspicious activities, please contact the SEC Complaint
Center via Hotline 1207 or the SEC Official Facebook Page, or the SEC Live Chat
on the SEC website for further investigation.