Bangkok, 11 January 2019 - SEC is conducting a public hearing on the regulation and drafted notification about debenture crowdfunding through funding portals, under the existing regulatory framework governing equity crowdfunding, aiming to increase fund-raising methods for small- and medium-sized enterprises (SMEs) and startups.
SEC Assistant Secretary-General Praoporn
Senanarong said :“SEC is well aware of the importance of revising the
regulations and drafted notification on the crowdfunding* and
facilitating SMEs and startups to access sources of capital efficiently at
reasonable costs.”
“Presently, SEC has the existing equity
crowdfunding rules since 2015 for SMEs and startups with clear business plans to
gain easier access into funding sources. Meanwhile, SEC wishes to increase alternative financing resources for SMEs and startups, apart from equities.
Thus, it has supported the issuance of the regulation for debenture crowdfunding,”
SEC Assistant Secretary-General added.
SEC revised its regulations and drafted notification
on crowdfunding by including debentures as one of the securities offered. The
supervision scheme follows a similar regulatory framework to the one governing
equity crowdfunding in several dimensions including: (1) issuers are allowed to
offer either secured or unsecured debentures via a crowdfunding system; (2) crowdfunding
must be conducted through a funding portal approved by SEC and the funding
portal must have a system for assessing creditworthiness and risks of debenture issuers
including disclosure of assessment factors; (3) the investment limit is capped
at no more than 100,000 baht for each retail investor, equity and debentures
combined, up from no more than 50,000 baht; (4) the investment limit is set at
no more than 1 million baht for each retail investor, equity and debenture
combined, in 12 consecutive months, up from no more than 500,000 baht in 12
consecutive months; (5) fundraising is more flexible by cancelling separation
of offering limit to retail investors and non-retail investors.
In addition, SEC will amend the details in the crowdfunding
notification to be consistent with other notifications. This includes revision
to the definitions of private equity and venture capital businesses to conform
the definitions under the digital token offering regulations, and revision to
the regulations governing shareholders’ offering of a limited company’s equity in
case of trading crowdfunding equity in the secondary
market to be in line with the primary market offering rules.
SEC disseminates the public hearing
document on this issue at www.sec.or.th/hearing
Stakeholders and interested parties are
welcome to submit comments on the website until 28 January 2019.
________________________
Remark: Public
Hearing Document - https://capital.sec.or.th/webapp/phs/viewall/viewall.php
*Crowdfunding is a
fund raising method from crowd through funding portals typically on the
internet. It is another alternative for small- and medium-sized enterprises (SMEs) and
startups to gain access into funding sources and, in exchange, enterprises
issue equities or debentures to investors.
https://www.sec.or.th/TH/Pages/News_Detail.aspx?SECID=7282&NewsNo=2&NewsYear=2562&Lang=TH