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 9. Where the regulatory system makes use of Self-Regulatory Organizations (SROs) that exercise some direct oversight responsibility for their respective areas of competence, such SROs should be subject to the oversight of the Regulator and should observe standards of fairness and confidentiality when exercising powers and delegated responsibilities. The SET and TBMA have SRO arrangements that cover regulatory practices as well as supervision and disciplinary actions over of their members. These are adequately overseen by the SEC, which currently relies on MOUs signed with both to exercise its supervisory and regulatory mission. A recent amendment to the SEA will remediate this shortcoming as it pertains to SEC authority to review and approve SET trading and operating rules SET. There is room for improvement in the TBMA oversight practice of the Thai bond market and member compliance with trade reporting requirements. Principle 10. The Regulator should have comprehensive inspection, investigation, and surveillance powers. The SEC has broad comprehensive authority to conduct inspections of all licensed entities. This includes onsite inspections of the relevant operations of financial sector entities such as bank subsidiaries that have obtained licenses from the SEC to perform regulated activities such as distribution of mutual funds or investment advisory services. The SEC also has broad investigative authority that covers any person or entity suspected of having participated in a violation of the SEA or DA or having provided assistance in violations. The SEC also has broad authority to obtain books and records or compel testimony from any entity or person, as necessary to conduct inspections or investigations. Principle 11. The Regulator should have comprehensive enforcement powers. The amendments to the SEA and DEA authorizing SEC civil actions in important areas, including market misconduct, insider trading and making false statements in required reports is a significant improvement in SEC enforcement authority, but broader authority is needed so that civil enforcement can be used for all violations of the SEA and DA. The SEC also lacks the authority to take action against the SET if it violates the SEA. Principle 12. The regulatory system should ensure an effective and credible use of inspection, investigation, surveillance and enforcement powers and implementation of an effective compliance program. SEC inspections appear to be of high quality. A greater number of securities firm inspections are needed and the number of cause inspections may be low. The number of issuer disclosure reports reviewed under the RBA methodology appears low. Civil enforcement authority appears to be a useful addition to SEC authority. As there is only 2 years of experience, it is a small sample size. Expansion of civil authority is needed to make up for the difficulty in criminal prosecution. Principle 13. The Regulator should have authority to share both public and non-public information with domestic and foreign counterparts. The SEC is empowered by the SEA to share public and non-public information with domestic and foreign counterparts. |
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