The Securities and Exchange Commission (SEC) is open to hearing opinions on the preparation of rules relating to approval of other business operations of the derivatives exchange. (Trading Center) and Derivatives Clearing House (Contract Clearing House) to comply with Section 22 of the Law Preparation Criteria and Evaluation of Legal Achievement Act, B.E. 2562 (Law Preparation Criteria Act)*
with the past There are no supporting criteria regarding obtaining approval for other derivatives trading businesses. and the derivatives clearing house. and the contract clearing house Operate other businesses in accordance with Section 74 and Section 89 in conjunction with Section 22 of the Derivatives Act B.E. 2546** including Section 22 of the Draft Act. contract and the contract clearing house Able to expand business without causing risks to customers under the rules set by the SEC, as well as to build confidence in the capital market as a whole
The SEC has published the public hearing document on the SEC website.https://www.sec.or.th/TH/Pages/PB_Detail.aspx?SECID=901Those involved and interested can express their opinions on the website or via e-mail: [email protected] or [email protected] or [email protected] until May 5, 2023.
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Remark :
* Act, rules for drafting laws (http://www.krisdika.go.th/librarian/get?sysid=834692&ext=pdf)
(1) Section 22 paragraph two stipulates that a law that is not an organic law To require a rule to be issued or to require the state to take some action. So that people can comply with the law or receive benefits from that law. If the said rule has not been issued or has not been implemented within a period of 2 years from the date that law comes into force and the provisions thereof cause a burden or a detrimental effect on the people, such provisions shall cease to be effective. However, in the case where the provisions in that regard provide benefits to the people, such provisions shall be enforceable without any rules or procedures. 1 year and must have a resolution before the expiration of the said 2 years.
(2) Transitional Provisions Section 39(1) stipulates that a period of 2 years under section 22 paragraph two for the law in force prior to the effective date of this Act. shall commence after the expiration of two years from the date this Act comes into force.
** Act on the Sale and Purchase Agreement (https://www.sec.or.th/TH/Documents/ActandRoyalEnactment/Act/act-derivatives2546-codified.pdf)
(1) Section 22 stipulates that a derivatives business operator shall not undertake any other business. Unless it has been approved by the SEC Office after the SEC Office has received the request for approval under the first paragraph. The SEC Office shall consider and notify the derivatives business operator of the result within sixty days from the date of receipt of the request for approval. and documents and evidence that are accurate and complete as announced by the Office After the expiration of the period under paragraph two If the SEC Office does not notify the derivatives business operator of the result of its consideration or has no other order it shall be deemed that the Office has given approval to such business operation.
(2) Section 74 stipulates that the provisions of Section 20, Section 22, Section 27 and Section 28 shall apply to the derivatives exchange mutatis mutandis.
(3) Section 89 provides that the provisions of Section 20, Section 22, Section 27, Section 28, Section 61, Section 62, Section 63, Section 64, Section 65, Section 66 and Section 73 shall apply to the Clearing House of the Agreement mutatis mutandis.
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