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SEC’s public hearing on draft notifications relating to mutual fund unitholding



Thursday 21 May 2020 | No. 107 / 2020


Bangkok, Thursday 21 May 2020 - SEC is conducting a public hearing on draft notifications relating to mutual fund unitholding which will see the restrictions on unitholding lifted in a bid to reduce obstacles to mutual funds to grow their size and cut operating costs.

Under the amendments, SEC has proposed to lift the limitations on unitholding which bar any person or any associated person from holding investment units in a mutual fund over one third of the total sold units, but asset management companies are still required to disclose information regarding unitholding over the one-third rule to investors and such unitholders are not allowed to exercise their rights of voting for the units they hold beyond the one-third rule. In addition, business operators offering mutual fund brokerage services to omnibus accounts have to observe the regulations concerning the limitation of the voting rights and the disclosure requirement over the one-third rule so that asset management companies can disclose such information to investors. The afore-mentioned amendments do not apply to property funds and infrastructure funds.

SEC is therefore seeking public comments on 13 draft notification amendments following a public hearing on the concept released at the beginning of 2020. Most respondents were in favor of the regulatory updates and suggested that other regulations could be used to oversee fund management and provide investor protection.

The consultation paper can be found at www.sec.or.th/hearing. Stakeholders and interested parties are welcome to give comments and suggestions via the SEC’s website, or email: thanunya@sec.or.th or sumitra@sec.or.th. The public hearing ends on 22 June 2020.

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