In the
current environment, investment scams have intensified, resulting in widespread
financial losses to the public and posing a serious threat to the country’s
social and economic stability. In response, the SEC has taken ongoing actions, focusing
on both preventive measures to mitigate potential harm and enforcement actions
against misconduct, while working in close coordination with relevant agencies.
Accordingly, the SEC has enhanced five key
measures, including actions implemented through both securities companies and
digital asset business operators, to more effectively curb illicit funds and
combat mule accounts and investment scams, as outlined below.
1. Strengthening Know Your Customer (KYC) and
Customer Due Diligence (CDD) for Securities Companies: The
SEC will enhance customer due diligence (CDD) to ensure a more comprehensive
assessment aligned with customers’ income and occupation profiles, alongside
ongoing monitoring of investment behavior. Where red flags are identified,
securities companies must conduct Enhanced CDD and submit Suspicious
Transaction Reports (STRs) to the Anti-Money Laundering Office (AMLO). In
addition, stricter controls will be imposed on deposits and withdrawals by
requiring account name matching and delaying transactions involving high-risk customers. The SEC will also strengthen verification mechanisms for the
implementation of Enhanced KYC.
2.
Enhanced Scrutiny of Major Shareholders and Ultimate Beneficial Owners of
Licensed Business Operators: Currently,
the SEC oversees major shareholder structures by taking into account ultimate
controlling persons through both direct and indirect shareholdings, and
requires that major shareholders are not subject to prohibited characteristics,
such as being under allegations or legal proceedings under anti-money
laundering laws. To keep pace with increasingly complex ownership structures
and to better reflect ultimate control, the SEC will expand the definition of major
shareholders to include funding sources and providers, and enhance prohibited
characteristics to cover money laundering and terrorism financing offenses in
both domestic and international contexts.
3. Tracing Fund Flows to Prevent Illicit Funds:
The SEC requires digital asset business operators to report
transaction data via the e-Reporting system to support the monitoring, review,
and reporting of the overall picture of suspicious transactions, as well as
transaction screening using blockchain forensic tools. Going forward, the SEC
will further enhance fund flow tracing to improve precision and effectiveness
by: (1) upgrading advanced analytics tools to trace funds to their
ultimate destination and strengthen the detection and prevention of abnormal
transactions; (2) aligning digital asset transfer transaction standards with
risk profiles comparable to cash transactions; (3) implementing the
Travel Rule by requiring ordering digital asset business operators to
transmit transaction details and identifying information for both the sender
and the receiver simultaneously with digital asset transfer transactions and requiring
digital asset business operators to establish risk management measures related
to the transferring and receiving of digital asset transfers; (4) regulating
stablecoin trading and exchange activities in line with foreign exchange
(FX) transactions to prevent their use as channels for illicit funds; and (5)
cooperating with the Bank of Thailand in overseeing the use of foreign currency
quotas to enhance the prevention and interception of high‑risk transactions
in the digital asset market.
4. Ensuring Clear, Transparent, and Timely
Disclosure of Material Information: To support informed investment decisions, the SEC has put in place
measures including: requiring listed companies to clearly disclose their
shareholder structures, the top ten major shareholders, and any changes in
shareholdings at every 5% threshold within three business days (T+3) through
Form 246; requiring compliance with tender offer requirements when shareholding
thresholds are reached; and establishing fiduciary duties of directors and
executives to prevent self‑dealing and conflicts of interest. The SEC will also
develop cross‑system data analytics to detect irregularities, such as
inconsistencies between shareholder lists and actual trading behavior,
shareholder information and asset trading data.
5.
Strengthening Multi-Agency Collaboration to Combat Illicit Funds: The
SEC works closely with government agencies, including the Ministry of Digital
Economy and Society, to block illegal platforms, expand follow‑up actions based
on asset seizure and freezing information from the Anti‑Money Laundering Office
(AMLO), and participate in the “Connect the Dots” task force to enhance
regulatory oversight across three dimensions: identity, behavior, and fund
flows. In addition, the SEC strengthens collaboration among multiple agencies
to integrate data and trace fund flows in a comprehensive manner to effectively
curb illicit funds. This includes enhancing data‑sharing mechanisms and
conducting joint operations with inquiry officials and relevant regulatory
authorities to improve the effectiveness of monitoring and examining
information and financial transaction flows.
Mrs. Pornanong
Budsaratragoon, Secretary-General of the SEC, stated
that “the enhancement of all five measures—covering the regulatory oversight of
market intermediaries in both the capital market and the digital asset market,
disclosure requirements, and the comprehensive integration of fund flow
monitoring in all dimensions—will deliver tangible results in curbing illicit
funds. In the next phase, the SEC will accelerate integrated collaboration with
relevant agencies, including the Connect the Dots task force, to link data,
jointly trace and plan the examination of fund flows to more clearly identify
the ultimate destinations of transactions. This will ensure targeted prevention
of mule accounts and suspicious transactions, while strengthening investor
confidence and enhancing long‑term transparency in Thailand’s capital market.”