Thailand: Financial System Stability Assessment; imf country Report No. 19/308; September 10, 2019
Table 5. Thailand: Summary Implementation of the IOSCO Principles—Detailed Assessment
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Table 5. Thailand: Summary Implementation of the IOSCO Principles—Detailed Assessment (continued) Principle Findings Principle 22. Credit rating agencies should be subject to adequate levels of oversight. The regulatory system should ensure that credit rating agencies whose ratings are used for regulatory purposes are subject to registration and ongoing supervision. CRAs are licensed and regulated by the SEC and are expressly required to follow the IOSCO CRA Code of Conduct. Principle 23. Other entities that offer investors analytical or evaluative services should be subject to oversight and regulation appropriate to the impact their activities have on the market or the degree to which the regulatory system relies on them. The SEA, the SEC regulation and the ASCO standards provide a comprehensive regulatory framework applicable to firms providing advice to investors as well as their personnel. Specific standards are applied to sell-side research analysts and their employers. Principle 24. The regulatory system should set standards for the eligibility, governance, organization, and operational conduct of those who wish to market or operate a collective investment scheme. There is a comprehensive system for licensing of fund operators and approval of funds and for continuing oversight of the activities of the fund and its operator, including regular reporting and onsite inspection. Principle 25. The regulatory system should provide for rules governing the legal form and structure of collective investment schemes and the segregation and protection of client assets. All requirements under this principle are met. Principle 26. Regulation should require disclosure, as set forth under the principles for issuers, which is necessary to evaluate the suitability of a collective investment scheme for a particular investor and the value of the investor’s interest in the scheme. CIS must provide investors with a detailed summary Fact sheet of key information and with a full prospectus. Principle 27. Regulation should ensure that there is a proper and disclosed basis for asset valuation and the pricing and the redemption of units in a collective investment scheme. The TBMA pricing information is the standard utilized by all mutual funds for illiquid issues. The TBMA daily yield curve utilizes non-binding indicative quotes for thinly traded issues of government securities. This is not sound practice as indicative quotes have limited reliability in a secondary market. Principle 28. Regulation should ensure that hedge funds and/or hedge funds managers/advisers are subject to appropriate oversight. Funds operating that would be considered hedge funds are licensed as mutual funds under special categories open only to institutional investors, accredited investors and ultra-high net worth accredited investors. |
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