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SEC urges clear and adequate disclosure of listed companies? asset disposal to mutual fund or REIT



Thursday 6 March 2014 | No. 30 / 2014



Bangkok, March 6, 2014
? The SEC circulated guidelines for listed companies to disclose information on asset disposal to mutual fund (i.e. property fund, infrastructure fund), or real estate investment trust (REIT), to ensure accurate, clear and sufficient information for investors? investment decision.

Chalee Chantanayingyong, SEC Deputy Secretary-General revealed that ?Recently, a number of listed companies have sold or planned to sell their assets to mutual funds or REITs. The transactions are usually huge in size and value and some of them allow listed companies or subsidiaries to lease back the assets, either to utilize for their business activities or to manage. The asset disposals, therefore, have impact on present and future business operation, financial condition, revenue structure and obligations of the listed companies. In particular, true sale and borrowing transactions are different in respect of accounting record and thus significantly affect the companies? profits in each accounting period.

Since corporate profit has impact on share price and investment decision, investors should study the information and potential impact thoroughly. Moreover, in case of significant transaction proposed for shareholders? approval, shareholders should seek further clarifications from the company and board of directors for insightful decision-making.

Shareholders and investors can find the relevant information from board of directors? resolution, shareholders? meeting documents and management discussion and analysis (MD&A) and risk factors disclosed in the annual registration statement (Form 56-1) and annual report. The information available in MD&A and risk factors includes analysis and explanation concerning the impact on business operation, financial condition, operating result, obligation for prior accounting period and forward looking statements, as well as the accounting policies and reasons given for applying such policies.?