Sign In
SEC News

SEC to revise net capital rules applicable to securities companies and derivatives business operators



Thursday 18 April 2019 | No. 41 / 2019


Bangkok, 18 April 2019 – SEC is seeking public comments on the revision of rules on net capital applicable to securities companies and derivatives brokers to accurately reflect the financial position, prevent excessive burden on the business operators and limit damage to customers and the capital market in general in case the businesses face financial difficulty.

The securities companies and derivatives brokers are presently required to maintain net capital (NC) in a specified amount in order to sufficiently cover risks from conducting business. However, the rules, which are currently in effect, should be revised with respect to maintenance of NC in case of abnormal increase in transaction volume of the business operator to the effect that the business operator must arrange sources of short-term finance to allow maintenance of NC, and with respect to the rules which allow the business operator failing to maintain NC to continue providing services to its customers by preparing and submitting a correction plan for maintenance of NC within 30 days and resolving such problem within 90 days, during which periods customers and stability of the capital market in general may be affected. In addition, the current rules on calculation of NC are not applicable to business operators which also operate the digital asset business.

SEC therefore proposes to revise such rules to be more suitable and consistent with the present conditions. The revision process takes into consideration the environment and the difficulties and obstacles in business operation raised by the business operators, resulting in the proposed revision of the rules, such as:

(1) To allow the business operator failing to maintain NC as required due to an increase in the transaction volume to use of standby subordinated loan facility to recover NC shortfall on a temporary basis which will reduce costs for seeking short-term finance.

(2) To require the business operator failing to maintain NC to immediately cease the business operation and transfer the customersassets to other business operators in order to limit effects on the customers and stability of the capital market in general.

(3) To specify rules on NC maintenance to be applicable to the business operators which also operate the digital asset business and to allow the qualified digital assets to be included in the calculation of liquid asset.

The consultation paper is available at www.sec.or.th/hearing. Stakeholders and interested parties are welcome to submit comments and recommendations via the website, or email: juthaporn@sec.or.th or teerawatt@sec.or.th. The public hearing ends on 13 May 2019.

 _______________________

Note: Consultation paper is available at https://www.sec.or.th/TH/Pages/PB_Detail.aspx?SECID=473