Thailand: Financial System Stability Assessment; imf country Report No. 19/308; September 10, 2019
INTERNATIONAL MONETARY FUND Table 5. Thailand: Summary Implementation of the IOSCO Principles—Detailed Assessment
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INTERNATIONAL MONETARY FUND Table 5. Thailand: Summary Implementation of the IOSCO Principles—Detailed Assessment Principle Findings Principle 1. The responsibilities of the Regulator should be clear and objectively stated. The law provides a clear statement of the responsibilities of the SEC and generally defines the authority of the SECB to develop policy and regulations and the authority of the staff under the direction of the SG to implement policy and perform all operational responsibilities. Principle 2. The Regulator should be operationally independent and accountable in the exercise of its functions and powers. The impact of the MOF having final approval over licensing and revocation decisions continues to be an issue under this principle. While there is no evidence that SEC operational decisions have been affected, the potential continues to exist. A separate issue concerning operational independence is raised by the composition of the Criminal Fining Committee (CFC) and the Civil Sanctions Committee (CSC). While there is no evidence that SEC operational independence on enforcement decisions has been affected, this is a potential problem. Principle 3. The Regulator should have adequate powers, proper resources and the capacity to perform its functions and exercise its powers. The SEC legal authority is generally sufficient to perform its functions, with the one limitation being that SEC civil enforcement authority is available only for specified forms of misconduct, including market manipulation, insider trading and making false statements in required report, discussed in principles 11–12. SEC budgetary and staff resources appear to be sufficient for its responsibilities, although consideration should be given to increasing the number of staff assigned to onsite inspections of licensed intermediaries and to the review of periodic reports filed by public companies. Principle 4. The Regulator should adopt clear and consistent regulatory processes. The SEC has adopted and implemented a full range of procedures. Principle 5. The staff of the Regulator should observe the highest professional standards, including appropriate standards of confidentiality. The annual SEC audit of securities accounts held by the family of SEC staff offsets the lack of regulatory prohibitions on staff family members Principle 6. The Regulator should have or contribute to a process to monitor, mitigate and manage systemic risk, appropriate to its mandate. The internal SEC structure is operational and appears to be an effective tool for monitoring systemic risk. The SEC should work with the BoT and OIC on adoption of a routine procedure for sharing information on entities that are related or subject to joint regulation. Principle 7. The Regulator should have or contribute to a process to review the perimeter of regulation regularly. The SEC has incorporated assessment of perimeters of regulation into its overall systemic risk assessment program. Principle 8. The Regulator should seek to ensure that conflicts of interest and misalignment of incentives are avoided, eliminated, disclosed or otherwise managed. Issues concerning conflicts of interest have been incorporated into the SEC regulatory standards for each category of licensed entity. |
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