SEC regulations on foreign exchange-traded fund (foreign ETF) allow the units of foreign ETF that are established under the law of foreign jurisdiction and meet the criteria specified in the SEC regulations to be listed on the Thai stock exchange and offered to investors in Thailand. This offers the investors the flexibility to trade the units of foreign ETF on the Thai stock exchange, just like stocks.
Required documents for an approval of Foreign ETF (for inbound only)
A CIS Operator must submit a completed Form 35 – foreign ETF in hard copies accompanied by all supporting documentation as specified in Form 35 – foreign ETF to the SEC Thailand for the foreign ETF application to be approved for public offerings in Thailand.
Foreign ETF Fact Sheet Template (for inbound only)
Fact sheet of foreign ETF to be disclosed to investors in Thailand shall be prepared in accordance with the format and contents provided herein.
On-going requirements of CIS Operator
The followings are on-going requirements * for CIS Operator who makes public offerings of Foreign ETF in Thailand:
In the case where there is a material change to the information specified in the effective registration statement and such change has been notified and approved by Home Regulator, the CIS Operator is required to submit a hard copy of a completed Form 69 – CIS material update to the SEC Thailand within 10 days after Home Regulator approved such material change (excluding weekends/ public holidays in Home Jurisdiction).
In addition, the CIS Operator is required to prepare sales report for the sale of units of ASEAN NRI CIS or ASEAN CIS offered in Thailand (as the case may be). This report shall be lodged with the SEC Thailand within 45 days after the last official day of the year that such solicitations occurred.
* Please note that CIS Operator who is offering foreign ETF in Thailand will have to comply with the requirements of the Stock Exchange of Thailand.