Thailand: Financial System Stability Assessment; imf country Report No. 19/308; September 10, 2019
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INTERNATIONAL MONETARY FUND G. Recommended action plan Table 6. Thailand: Recommended Action Plan to Improve Implementation of the IOSCO Principles Principle Recommended Action Principles 2 and 3 Amend the SEA to transfer final approval on licensing to the SEC. Closely examine operational independence issues raised by composition of Criminal Fining Committee and the Civil Sanction Committee. Principles 3, 11, and 12 Amend the SEA to authorize the SEC to bring civil enforcement actions for any violation of the SEA and DA. Principle 4 The SEC should consider expanding its use of interpretive and explanatory guidance and undertake to make public all guidance provided to one or a limited number of persons or entities. Principle 6 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. Principles 6, 10, 12, 34, 36 The SEC should have real-time access to SRO surveillance systems providing access across all financial markets during periods of market turbulence to effectively fulfill its systemic risk responsibilities, to effectively oversee the effectiveness of SRO surveillance activities and to analyze patterns of market misconduct that may cross markets. Principle 9. The SEC´s powers to regulate the SET as an SRO should be expressly stated in the SEA. Principle 9. The SEC should be given authority to suspend, fine or revoke the SET license. Principle 9. The TBMA policy of not disclosing disciplinary sanctions to its member firms or the public should be examined by the SEC to determine if it is consistent with SEA policy on publication of sanctions and whether it promotes the integrity of OTC trading market. Principle 10, 12,16. The SEC should increase the number of company reports analyzed. Principle 16. The SEC should consider implementing common processes between areas reviewing qualitative and quantitative aspects of issuer disclosure reports. Principle 17. The SEC should be more specific in the regulation of proxy statement disclosures requirements on the information to provide in relation to the matters to be voted in shareholders meetings. Principle 17. While not required by the IOSCO Principles, the SEC should consider requiring public companies to establish their own internal policies in relation to trading by insiders, that should include a definition of insiders and the specific events or situations that should prevent these from trading on the company´s stocks. |
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