Bangkok, Monday 18 February 2019 - SEC is conducting a public hearing on revising regulations related to mutual fund management in order to bring them into compliance with the amendment of the Securities and Exchange Act B.E. 2535 (1992) which stipulates that asset management companies must manage funds with loyalty and preserve the interests of unitholders and have a monitoring mechanism to oversee fund management. The move is also designed to raise the standard of mutual fund management in Thailand.
To ensure that asset management companies
primarily manage funds for the investors’ benefits, SEC has revised the regulations in order to control
and monitor mutual fund management by requiring asset management companies to authorize
persons to mornitor and control mutual fund.
The persons performing the duty must have the qualifications as follows
(1)
Be independent from the asset management company,
(2) Be under the supervision of high-level management, (3) Have knowledge,
ability and readiness to undertake the duty, and (4) Execute the duty by taking
into consideration the benefits of investors.
The persons performing the duty must
monitor and oversee undertakings that may cause a conflict of interests to the
unitholders, including undertakings that may be characterized as unfairness to
the unitholders or may cause the unitholders to lose benefits that they are
entitled to. Moreover, The persons performing the duty must give opinions
relating to seeking a unitholders’ resolution to provide the unitholders supplementary
information for decision-making and must report the monitoring results to the
board of directors of the asset management company and SEC.
The revision is made to align with the
amendment of the Securities and Exchange Act which aims to raise the standard
of mutual fund management in Thailand and offers investors for more protection.
The amendment of the act has been passed by the National Legislative Council.
The consultation paper can be found at www.sec.or.th/hearing. Stakeholders and interested parties are welcome to give
comments and suggestions via SEC’s website, or facsimile at 0-2263-6072 or
0-2263-6203, or email: sumitra@sec.or.th. The public hearing ends on 22 February 2019.
_______________________