The SEC has previously amended regulations concerning the
safeguarding of client assets by securities companies and derivatives brokers (business
operators), allowing them, in certain circumstances, to take specific actions
related to client assets without prior consent. Nevertheless, practical
limitations remain in cases where business operators have undertaken all
reasonable efforts but are unable to contact the client or transfer the assets
to another operator. These challenges have hindered business operators from
ceasing operations or relinquishing their business licenses. To address these
issues, the SEC is conducting a public hearing on the additional amendments,
with the key principles as follows:
(1) Expanding the scenarios under which business operators
may transfer client assets to another operator without client consent,
including cases where the business operator intends to relinquish all business
licenses but has not yet ceased its operations;
(2) Allowing business operators that have put all
reasonable efforts but are unable to contact clients or transfer their assets
to another operator to submit a list of asset owners to the Central Securities
Depository (CSD) in order for the securities registrar to
issue securities certificates and hold them on behalf of the business operator;
(3) Requiring
business operators requesting the issuance of securities certificates to
disclose information on actions taken regarding such assets; for example, by publishing
notices on their websites or other searchable channels for a minimum period of
six months in order for their clients to trace and reclaim their assets;
(4) Requiring business operators to report to the SEC all
actions taken on unclaimed
assets of inactive clients;
(5) Requiring the CSD to perform the function of
maintaining records of securities owners who cannot be contacted and whose
assets cannot be transferred to another operator, and to make such information
available to the respective securities owners in accordance with the procedures
prescribed by the CSD.
The
consultation paper is available on the SEC website at https://www.sec.or.th/TH/Pages/PB_Detail.aspx?SECID=1137 and the legal hub at https://law.go.th/listeningDetail?survey_id=NjQyNERHQV9MQVdfRlJPTlRFTkQ=. Stakeholders and interested
parties are welcome to submit comments and suggestions via the SEC website or
by email at sawarin@sec.or.th
arthipha@sec.or.th wasin@sec.or.th or dusit@sec.or.th. The public hearing ends on 12 February 2026.