The
proposed amendments to the SEA are intended to prescribe supervisory legal
measures, enhance the efficiency of law enforcement and examination with a view
to making such processes more timely and effective, and strengthen investor
confidence in the Thai capital market for the benefit of the country’s overall
economy. The proposed principles include:
(1) Prescribing duties for investors
who sell securities without having such securities in their possession,
requiring such transactions to comply with the rules prescribed by the Capital
Market Supervisory Board to ensure consistent standards and mitigate associated
risks, and requiring foreign service providers to report information on the
ultimate beneficial owners of securities.
(2) Prescribing duties to report the
creation of significant encumbrances over securities, such as pledging
securities as collateral for margin accounts, using shares as collateral for
borrowing without transferring the shares, and pledging shares registered with
the Thailand Securities Depository Co., Ltd. (TSD).
(3) Prescribing measures to temporarily
suspend transactions where such transactions may involve taking unfair
advantage or may cause serious damage to investors or the public interest.
(4) Clarifying the revocation of
seizure or attachment of assets of juristic persons, and authorizing other
persons to conduct examinations on behalf of the SEC.
(5) Amending relevant penalty
provisions and provisions on settlement of fines.
The
consultation paper is available on the SEC website at https://www.sec.or.th/TH/Pages/PB_Detail.aspx?SECID=1184
and on the Legal Hub at https://law.go.th/listeningDetail?survey_id=NzQ1OERHQV9MQVdfRlJPTlRFTkQ=. Stakeholders
and interested parties are invited to submit comments through these websites or
by email to legal@sec.or.th. The public
hearing ends on 24 July 2026.