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SEC public hearing on proposed rules on subordinated perpetual bonds to enhance investor protection



Friday 21 August 2020 | No. 156 / 2020


Bangkok, 21 August 2020 – SEC is seeking public comments on the proposed principles for amending the rules on subordinated perpetual bonds to enhance investor protection and the ecosystem for the sale process. The proposed amendment requires that subordinated perpetual bonds offered for sale to the public and high net worth investors (HNW)* have investment grade rating and the sale process be revised to ensure that investors have sufficient knowledge and understanding of such type of bond.

Given the prolonged period of low interest rate in the Thai bond market, many debt securities issuers are increasingly issuing for sale subordinated perpetual bonds which have more complex features and offer higher returns than general debt securities. Specifically, from 2012 to June 2020, the total offering amount of subordinated perpetual bonds was 119,000 million baht. Of this amount, the majority investors were retail investors, accounting for approximately 81 percent, and HNW accounting for approximately 6 percent.  

SEC is therefore proposing principles for amending the rules on supervision of subordinated perpetual bonds to strengthen investor protection and simultaneously develop the debt securities market. In this regard, such type of bond to be offered for sale to the general public and high net worth investors would have to be investment grade products only. This is primary quality screening of the bond issuers to check their capability of repaying obligations because such bond does not specify a redemption period and thus may require that investors hold such bond longer than general debt securities.    

Additionally, SEC aims to enhance the efficiency of the sale process ecosystem to ensure that investors have sufficient knowledge and understanding of the subordinated perpetual bond by (1) revising the risk acknowledgment form for clearer and easier presentation including an emphasis on key warnings, and (2) requiring a test of investors’ knowledge before first-time investment to assess investors’ investment suitability, which can be used as a tool for the seller to explain the types of risks and returns for investors and promote investor education regarding subordinated perpetual bonds via various channels.    

The consultation paper is available at https://www.sec.or.th/EN/Pages/PB_Detail.aspx?SECID=645. Stakeholders and interested parties are welcome to give comments and suggestions via the website or email: debt@sec.or.th. The public hearing ends on 21 September 2020.    

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Note: The definition of high net worth investor is available at:

http://capital.sec.or.th/webapp/nrs/nrs_main_search_en.php?chkPost=1