Thailand’s SEC, The Securities and Exchange Commission,has expanded the reporting rules governing holders of securities and derivatives. The expansion comes hot off the heels of the Securities Act of 2016, which sought to increase the scope of reporting requirements.
Now included in the list of those people required to report their holdings are auditors, executives and company directors as well as, in the case of a company that is in a rehabilitation process, temporary executives, rehabilitation planners, and temporary and permanent plan administrators.
If the total share holding exceeds 30 per cent of voting rights then the spouse, civil partner, juristic persons and children of those in the list are also required to report their holdings.
The main aim of the expanded reporting requirements is to ensure all investors have a clear picture of those with holdings and to more easily have knowledge of the movements of securities and derivatives.
There is a broad scope of the type of securities and derivatives that the new rules cover and these include convertible bonds, derivative warrants, equities, non-voting depositary receipts and single stock futures. The rules cover purchase, sale, transfer and assigned transfer.
Reporting must be made within three working days following the transaction date (T+3). The time limit is expanded to seven working days (T+7) for new directors who have not yet released their name. Reporting must be done online exclusively after 15th November 2018. Prior to that date it is preferred that online reporting take place but a hard copy Form 59 can also be filed instead.
SEC deputy secretary-general Prakid Punyashthiti was quoted as saying, “The adjusted reporting criteria will allow investors to efficiently monitor the movements of securities held by those involved with listed companies. This is because these individuals are closely associated with listed companies and have access to important information through their authority before the general public.”
According to SEC secretary-general Rapee Sucharitakul,the expansion in reporting will enable the markets to become more transparent and will bring them into line with international standards.
52 Institutional investors have already signed up to follow the Investment Governance Code 2017, which outlines best practices, and governance in the securities and derivative markets and closely follows international standards. Some life assurance and long-term equity funds still have yet to signup to the code, but it is hoped that they will follow suit. In any case they will all have to conform to the expanded reported requirements