Bangkok, 12 October 2017 ? The SEC discloses the latest updates on the civil sanction statistics since the means of enforcement became effective on 12 December 2016, with the total of 21 natural and juristic offenders in eight cases and the total remittance of more than 50 million baht as public revenue.
Mr. Somchai Pongpattanasin, SEC Assistant Secretary?General in charge of the Enforcement Division, said: ?During the past 10 months, the SEC has successfully imposed civil sanctions on 21 offenders, either natural or juristic persons, in the total of eight cases. The offenses involved misuse of inside information and listed company executives? duty performance without due care, resulting in the total 31-million-baht civil penalty and the total 19.6-million-baht compensation for the equal amount of benefits received. The total sum of 56 million baht has already been remitted to the Ministry of Finance as public revenue.?
Civil sanction is another fair and effective means of enforcement imposed on offenders against the Securities Law. The Civil Sanction Committee, comprising Attorney-General as Chairman and capital market experts as members, considers whether a civil sanction is an appropriate legal proceeding in any particular case. If an offender fails to pay a civil penalty, in full or in part despite already agreed upon, or refuses to comply with a civil sanction, the SEC may seek the Civil Court's order to execute enforcement and may also file a criminal complaint with the inquiry official for further criminal proceedings in case of refusal to pay a civil penalty.
In any case, more severe offenses against the Securities Law such as fraud, unauthorized fundraising or unlicensed securities business undertaking, remain subject to criminal proceedings by means of criminal complaint filing with the inquiry official for further consideration of the Court,? Mr. Somchai said.
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