Following
an inspection report from KTB and the SEC’s further
investigation, it was found that during the period from April 2018 to December
2024, Miss Suntaree committed misconduct involving the
misappropriation of assets belonging to 11 clients, with a total value of THB
115,550,000. The misconduct comprised the following: (1) presenting investment
funds and receiving withdrawal forms or cash, purchase order forms signed by
clients, as well as copies of clients’ identification cards and bank passbooks
from clients who intended to invest in such funds, but failing to carry out the
fund purchases in accordance with the clients’ intentions; and (2) preparing or
altering documents and delivering them to clients in order to conceal the
misconduct and mislead clients into believing that the value of their
investments in fund accounts remained intact, including preparing summary
statements of deposits, investment funds, and insurance that contained false
information.
Furthermore,
after the bank discovered the misconduct, Miss Suntaree admitted the wrongdoing
to the bank and partially reimbursed the affected clients. The bank
subsequently reimbursed the remaining amounts to the clients in full.
The
SEC considered that Miss
Suntaree failed to perform her duties or provide services with honesty and good
faith, by
misappropriating investor assets. Such conduct is deemed a prohibited
characteristic for capital market business personnel under the Notification of
the Capital Market Supervisory Board*. Accordingly, the SEC has revoked the
approval of Miss
Suntaree as an Investment Consultant for Complex Products Type 1**
for a period of 10 years. However, as her approval had already expired on 31
December 2025, the SEC has determined to impose a 10‑year period, commencing
from 13 May 2026, during which any application by Miss Suntaree for
approval to act as capital market business personnel will not be accepted***.
In
determining the aforementioned period, the SEC took 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 regularly review their unitholding statements and bank
accounts. In addition, investors are advised not to
entrust investment consultants with, or sign, important documents related to
transactions, such as withdrawal forms, copies of identification cards, or bank
passbooks, to enable investment consultants to conduct transactions on their
behalf, in order to prevent potential losses that may arise from fraudulent
activities.
Note:
* 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 provide 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.
*** Any
applications submitted by Miss Suntaree for SEC approval to be personnel in the
capital market business during the 10-year period, starting from 13 May
2026, will not be
accepted.