Following an inspection report from Krungsri
Pattanasin Securities Public Company Limited and the SEC’s further
investigation, it was found that between August 2020 and June 2023, with the
investor’s consent, Napatcha used an investor’s trading account to buy and sell
securities online. Additionally, there were transfers of funds between
Napatcha’s bank account and the investor’s bank account to settle securities trading
transactions with the investor’s consent.
The SEC considers Napatcha’s actions to be a failure to perform her duties or provide services with honesty and good faith, as she used the investor’s trading account to trade securities for herself or others, even with the investor’s consent. Such conduct is deemed a prohibited characteristic for capital market business personnel under the Notification of the Capital Market Supervisory Board.**
As a result, the SEC has revoked her approval as an investment consultant for Complex Products Type 1*** and has imposed a ban on accepting any future applications for approval as capital market business personnel for a period of two years and six months, effective from 7 November 2025.****
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 emphasizes that Investors should not permit others to open accounts or use their names to open securities trading accounts. Investors are advised to regularly review confirmation documents for securities transactions issued by their securities companies. If an investor did not place a trade, they must promptly raise objection or dispute the transaction within the timeframe specified by the securities company. For any trading inquiries, investors should contact the compliance unit of their securities company immediately, or reach out to the SEC Complaint Center via Hotline 1207, the SEC Facebook Page: “สำนักงาน กลต.” or SEC Live Chat on the SEC website.
Notes:
* Currently renamed Krungsri Securities Public Company Limited.
** 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 1 is allowed to give investment advice 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.
**** Napatcha’s applications for SEC approval to serve as personnel in the capital market business will not be accepted during the two-year-and-six-month period, starting from 7 November 2025.