THANATHIP & PARTNERS

We use cookies, including third party cookies, to personalise and optimise your experience when exploring our website. For more detailed information about our cookies, please refer to cookies section in our privacy notice .
If you agree to the use of cookies, please click “Accept”. To manage your cookies settings, please click “Cookies Settings”.

Cookies Settings

back
Amendments to the Securities and Exchange Act
December 2016
By Nat Boonjunwetvat
 

The amendments to the Securities and Exchange Act B.E. 2535 (as amended) which came into effect on 12 December 2016 are aimed at regulating increasingly complex market misconducts as well as improving the efficiency of legal enforcement.

Key amendments include:
  1. The scope of unfair trading practices has been expanded across four main categories of offences, namely (i) disclosure of false or misleading information; (ii) insider dealing; (iii) market manipulation; and (iv) others, e.g. sending of orders which create disruption or delay to trading system or use of nominee accounts to commit market misconduct.
  2. Severity of criminal punishment for unfair trading offences has been raised.
  3. Interestingly, the amendment has also introduced civil sanction for certain offences, including, amongst others, unfair trading practices and breach of fiduciary duty by directors or executives. Accordingly, a civil penalty committee will be established to consider and determine certain matters and to impose an appropriate level of civil penalty, e.g. fine, monetary compensations of illicit benefits, ban from securities trading or from being directors or executives, and etc.
  4. Whilst all charges against offenders will cease upon settlement of all fines and fees imposed by the civil penalty committee, failure to settle them will now direct the relevant matters to the civil court directly. 


This document is solely intended to provide an update on recent development in Thailand legislation and is not purported to provide a legal opinion, nor a legal advice to any person.

Cross-Border Transfer of Personal Data
January 2024
On 25 December 2023, the Personal Data Protection Commission (the “PDPC”) issued two notifications relating to cross-border transfer of personal data, namely:
New Tax Guideline on Foreign-Sourced Income of Thai Tax Residents
September 2023
The Revenue Department of Thailand has made a radical change to its longstanding principal as regards its treatment of foreign-souced income of an individual “Thai tax resident”.
Amendment to Takeover Regulations to Reduce Burdens and Increase Flexibility
May 2022
With effect from 1 May 2022, the Office of the Securities and Exchange Commission (the “SEC”) has amended takeover regulations with an aim to reducing burdens of private sectors,