Thailand: Financial System Stability Assessment; imf country Report No. 19/308; September 10, 2019
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INTERNATIONAL MONETARY FUND • The rule of SEC is specified that MI shall segregate customer’s asset from its own, shall not use its customer’s asset for its own or others’ benefits except when granting the consent from customers, shall make a complete and correct record of date, numbers and types of assets , shall record the transaction and reason of changes in transaction in every time of making changes before the end of date, and shall submit the report on customer’s asset to customer and SEC monthly. (SEA: Section 98 (3), 2 DA: Section 33). • SEC states that MI shall maintain Net Capital and submit the information of Net Capital to SEC daily. For the rules of maintaining Net Capital, assessor decides that they already effectively cover the risks and liability from conducting business for MI. Even MI does not happen to have financial difficulty, if there are any significant changes to the financial data or any information that could provide hints to unusual situations, SEC will have the operation to follow unusual cases by investigating causes of changes, analyzing the effects on their financial conditions, and reporting to executive of SEC to immediately respond if such cases will lead to damage on capital market. (SEA: Section 97, DA: Section 49) • If MI cannot maintain Net Capital in according to the Notification of the office of the SEC by the virtue of SEA (Section 141) and DA (Section 50), MI is not allowed to expand business and must submit correction plan to maintain Net Capital to SEC during designated period. In the case that MI has the operation that causes significant risks to customers or systems, for examples, negative Net Capital of MI or default in clearing and settlement process, MI must cease the operation, reduce risks from investment, and transfer customer’s asset to other MIs according to the request of the customers. • Apart from this, if SEC finds out that MI does not comply with the rules or there is reasonable ground or evidences to believe that any operations of MI may cause damages to investors, SEC or the Capital Market Supervisory Board (“CMSB”) shall have the power to order MI to rectify such act, refrain from doing such act or do any act as SEC or CMSB may deem appropriate within a specified period of time (including customer’s asset management). (SEA: Section 141-143, DA: Section 50). • If MI is failed to comply with the order of SEC under SEA Section 141-142, SEC has power to order such MI to remove its directors, managers or persons responsible for its operation who have caused such events. In this regard, such MI shall appoint other person whom grants the consent from SEC to replace the person removed (SEA: Section 144). • In case that MI fails to remove such person or remove but failed to appoint the person with the consent from SEC within 30 days from the date of removal. SEC, with the approval ___________________________________ 2 Notification of the Capital Market Supervisory Board No. TorThor. 43/2552 Re: Custody of Client’s Assets by Securities Companies dated 3 rd August 2009. THAILAND INTERNATIONAL MONETARY FUND 135 of the CMSB, has the power to remove such person and appoints other persons to replace the persons removed. The order of the SEC is deemed as a resolution of a shareholders' meeting in accordance with the Civil and Commercial Code or the law relating to public limited companies, as the case maybe. The person so removed shall no longer be involved in or operate, directly or indirectly any affair of that MI, and shall give assistance and provide facts to the persons so appointed. (SEA: Section 145). • In case of the situation which required examination on the operation of MI under the order of SEC, SEC has the power to appoint the officer to examine the operation, assets and liability, documents and other information related to MI and order seizure or attachment of the documents for the beneficial examination (SEA: Section 264, DA: Section 103). • If SEC has a reasonable ground to believe that the person would relocate or dispose the assets, SEC, with the approved of SEC Board, shall have the power to order seizure or attachment of such person’s assets or the assets for which there is reasonable evidence to believe that they belong to such person by appointing officer to undertake the process (SEA: Section 267, DA: Section 108). • If MI is announced bankrupt by the court, there will be the process supported according to Bankruptcy Act B.E. 2483. SEA and DA provide SEC the authority to arrange the customer’s asset management in order to avoid loss to customers and the capital market system. SEC could transfer such assets to other MIs according to the request or consent from the customers, close out the customer’s unsettled position to the clearing house in the case that MI is unable to transfer the assets (SEA: Section 111/1, DA: Section 43). A person eligible to file the petition of business reorganization with the court must obtain prior consent from SEC whereby such person must comply with the rule of SEC on customer’s asset management as specified in 3 (Bankruptcy Act B.E. 2483: Section 90/4). Download 1.73 Mb. Do'stlaringiz bilan baham: |
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