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 (continued) Principle Findings Principle 14. Regulators should establish information sharing mechanisms that set out when and how they will share both public and non-public information with their domestic and foreign counterparts. The SEC is authorized to establish information sharing mechanisms and is now a signatory of the IOSCO MMoU. Principle 15. The regulatory system should allow for assistance to be provided to foreign Regulators who need to make inquiries in the discharge of their functions and exercise of their powers. The SEA gives powers to the SEC to provide assistance to domestic and foreign regulators. The SEC has provided assistance in a number of opportunities to foreign regulators. Principle 16. There should be full, accurate and timely disclosure of financial results, risk, and other information that is material to investors’ decisions. The SEA provides the SEC with ample powers to monitor, oversee and discipline issuers and all entities and persons with responsibilities in public offerings. The SEC has a supervisory program on financial reporting and material information, although it should analyze more company reports. Principle 17. Holders of securities in a company should be treated in a fair and equitable manner. The SEA, the PCA, SEC rulings, and rules provide an appropriate framework for changes of control transactions to be conducted fairly and with full disclosure. The SEC proxy statement disclosure requirements are not specific on the information to disclose in relation to the matters to be voted in shareholders meetings, including specific information on candidate directors. While not required by the IOSCO Principles, the SEC should consider requiring public issuers to have internal policies applicable to transactions by company insiders. Principle 18. Accounting standards used by issuers to prepare financial statements should be of a high and internationally acceptable quality. Financial statements to be included in the prospectus and in the annual and semi-annual reports must be prepared according to TFRS which are fully aligned with IFRS. Each new IFRS is issued as a TFRS after a one-year delay. IFRS on financial instruments is yet to be adopted. The FAP should consider reducing the length of the mentioned delay. Principle 19. Auditors should be subject to adequate levels of oversight. Auditors are subject to adequate levels of oversight by the SEC and they are required to follow international standards applicable to auditors. An exception is the case of listed SOEs, that currently are audited by a government agency, although that situation is expected to change in the near term. The SEC may consider the use of pecuniary actions on auditing firms as an additional disciplinary tool. Principle 20. Auditors should be independent of the issuing entity that they audit. The regulation guarantees adequate independence of audit firms and their personnel. Principle 21. Audit standards should be of a high and internationally acceptable quality. The SEC’s approved auditors are required to perform their audit work according to the Thai Standards on Auditing set out by the FAP following the ISA standards. |
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