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 29. Regulation should provide for minimum entry standards for market intermediaries. The SEA and SEC regulations establish licensing requirements applicable to securities intermediaries, such as minimum paid-up capital, sound financial status, and policies and measures for internal controls, risk management, dealing with COI, and for preserving confidentiality. They also include requirements for all directors, managers and major shareholders of the firms. Principle 30. There should be initial and ongoing capital and other prudential requirements for market intermediaries that reflect the risks that the intermediaries undertake. Prudential and solvency requirements are regulated by the net capital rule, which takes into account financial risks, liquidity risks and operational risks on a continuous basis. Principle 31. Market intermediaries should be required to establish an internal function that delivers compliance with standards for internal organization and operational conduct, with the aim of protecting the interests of clients and their assets and ensuring proper management of risk, through which management of the intermediary accepts primary responsibility for these matters. The SEC establishes standards for business conduct of intermediaries undertaking securities and derivatives businesses, in relation to appropriate management and organizational systems, as well as sufficient personnel to be able to operate efficiently and with due care, taking into account the nature and size of the business and associated risks. Principle 32. There should be procedures for dealing with the failure of a market intermediary in order to minimize damage and loss to investors and to contain systemic risk. The SEC has implemented early warning systems and procedures for dealing with failing firms. The SEC does not have the authority to appoint or request the appointment of a temporary receiver for an intermediary that has had a major failure and it cannot take control of customers’ assets before a receiver is appointed or as an emergency action. Principle 33. The establishment of trading systems including securities exchanges should be subject to regulatory authorization and oversight. The SET and TFEX have reliable trading arrangements that in practice are overseen by the SEC, although in the case of the SET, the regulator currently relies on an MOU to supplement its statutory authority. A recent amendment to the SEA will remediate this shortcoming. The SEC lacks authority to suspend or revoke the SET license Principle 34. There should be ongoing regulatory supervision of exchanges and trading systems, which should aim to ensure that the integrity of trading is maintained through fair and equitable rules that strike an appropriate balance between the demands of different market participants. Issues concerning the accuracy of OTC bond reporting in dealer to customer trading should be examined carefully. 80 percent of daily reported trading is dealer to customer transactions, of which 62 percent is trading between a dealer and a mutual fund. SEC lacks authority to suspend, fine or revoke the SET license. Recently enacted SEA amendments will provide the SEC with full SET rule review and approval authority. As the new law is not in effect, the change couldn't be incorporated into the rating |
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