Thailand: Financial System Stability Assessment; imf country Report No. 19/308; September 10, 2019
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- 27. Principles for self-regulation.
- 28. Principles for the enforcement of securities regulation.
F. Main Findings
26. Principles for the Regulator. The SEC’s responsibilities, powers and authorities are clearly defined and objectively set out in Thai law. The SEC has a stable source of funding and appears to have adequate resources. It has comprehensive procedures for promoting regulatory transparency and high professional standards for its staff. It has developed and operationalized internal and cross-agency programs to address issues related to systemic risk, the perimeters of regulation, and conflicts of interest. The potential for political interference in operating decisions continues to exist under Thai law, although there is no indication that this is occurring. Amendment of the SEA to eliminate the possibility of external interference in operating decisions and to enhance SEC enforcement remedies through expansion of the forms of misconduct that can be addressed through civil litigation is recommended. 27. Principles for self-regulation. The SET, TFEX, and TBMA have SRO arrangements that cover regulatory practices as well as supervision and disciplinary actions over of their members, which are adequately overseen by the SEC. The arrangements with the SET and TBMA currently rely only on MOU signed with both SROs to exercise its supervisory and regulatory mission. A recent amendment to the SEA will partially remediate this shortcoming. The SEC lacks statutory authority to suspend or terminate the license of the SET or impose monetary penalties for misconduct. 28. Principles for the enforcement of securities regulation. The SEC has broad comprehensive authority to conduct inspections and investigations. This includes the authority to obtain books and records or compel testimony from any entity or person, as necessary to conduct inspections or investigations. The 2016 amendments to the SEA authorizing SEC civil actions in specified important areas is a significant improvement in SEC enforcement authority, but expanded authority over all violations of the law is needed. The SEC also lacks the authority to take action against the SET if it violates the SEA. The SEC inspections appear to be of high quality. A greater number of periodic onsite securities firm inspections are needed to achieve a full cycle in a reasonable period of time. The number of issuer disclosure reports reviewed under the RBA methodology appears low. The SEC should have real-time surveillance capacity across all financial markets during periods of market turbulence to effectively fulfill its systemic risk responsibilities, to effectively oversee the effectiveness of SRO surveillance activities and to analyze patterns of market misconduct that may cross markets. |
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