Previously,
during November–December 2025, the SEC conducted a public hearing on the
principles underlying the proposed amendments. Most respondents agreed with the
proposed approach. The key aspects are summarized as follows:
(1) Enhancing clarity in PFS disclosure requirements by
stipulating that disclosures must be clear, transparent, and not misleading regarding
the nature, type, risks, or returns of investments. For example, when past
performance is disclosed for advertising purposes, business operators must not
selectively present only periods with favorable returns. Disclosure of past
performance must also be easy to understand and appropriately reflect the accuracy
of the information;
(2) Increasing flexibility in reporting financial
statements of private funds by allowing reporting formats to be tailored to
investor types and service characteristics, while ensuring that investors
continue to receive essential information necessary to monitor their investment
performance;
(3) Enhancing clarity in the management of conflicts of
interest (COI) by establishing clearer guidelines on transactions between funds
or between clients under the same management (cross trade), in line with the
approach applied to mutual funds. This will cover private funds and provident
funds, and will also require disclosure of fees, remuneration, or other
benefits that may give rise to COI.
Accordingly,
the SEC is seeking public comments on the draft notification based on these
principles. The consultation paper is available on the SEC website (www.sec.or.th) at https://www.sec.or.th/TH/Pages/PB_Detail.aspx?SECID=1157 and on the Legal Hub (https://law.go.th/) at https://law.go.th/listeningDetail?survey_id=Njk3NERHQV9MQVdfRlJPTlRFTkQ=
Stakeholders and interested parties are invited to review the consultation
paper and
submit
comments through the SEC website or by email to suppawit@sec.or.th or jirapathara@sec.or.th. The public hearing ends on 27
May 2026.