Cases Settled by the Settlement Committee

No.
Meeting Date
Meeting No.
Order No.
Name of Offender
Section
Relevant Law
Summarized Facts
Press Release
Amount of Fines (Baht)
Remarks

1

26/09/2018 

9/2018 

28/2018 

Mr. Athasidh Ongkosit 

59 

SEC Act 

Between 28 July, 2017 and 25 June 2018, Mr. Athasidh Ongkosit, Senior Vice President of Information Technology of KCE Electronics Public Company Limited, disposing the shares of KCE of his wife without reporting the change in beneficial ownership of the company to the SEC within the specified period. 

 

254,800.00  

 

2

26/09/2018 

9/2018 

29/2018 

Mr. Sathit Roongwatanapak 

246 

SEC Act 

Between September 26, 2013 to May 22, 2015, Mr. Sathit Roongwatanapak acquired or disposed Asset Bright Public Company Limited (ABC) shares through his nominee trading account which caused his aggregate holding of ABC shares reached or passed five percent of the total number of voting rights of ABC. He failed to report to the SEC Office the acquisition or disposal shares held by his nominee within the period specified in the notification of the Capital Market Supervisory Board. He later filed the accurate reports (Form 246-2) to the SEC Office on August 10, 2018. 

 

1,157,400.00  

 

3

26/09/2018 

9/2018 

29/2018 

Mr. Sathit Roongwatanapak 

247 

SEC Act 

Mr. Sathit Roongwatanapak filed an inaccurate tender offer report (Form 247-4) of Asset Bright Public Company Limited (ABC) shares on September 30, 2013. The Form 247-4 was filed in the name of Mr. Porameth Rungrongtanin and did not disclose that Mr. Sathit was the owner of ABC shares. 

 

1,172,000.00  

 

4

26/09/2018 

9/2018 

30/2018 

Mr. Porameth Rungrongtanin 

246 in conjunction with section 86 of the Penal Code 

SEC Act 

Mr. Porameth Rungrongtanin as a nominee of Mr. Sathit Roongwatanapak filed reports (Form 246-2) to the SEC Office the acquisition or disposal of Asset Bright Public Company Limited (ABC) shares when aggregate holding of ABC in trading account of Mr. Porameth reached or passed five percent of the total number of voting rights of ABC. Such action aided and abetted Mr. Sathit to violate section 246. 

 

771,600.00  

 

5

26/09/2018 

9/2018 

30/2018 

Mr. Porameth Rungrongtanin 

247 in conjunction with Section 86 of the Penal Code 

SEC Act 

Mr. Porameth Rungrongtanin made a tender offer on behalf of Mr. Sathit Roongwatanapak but Mr. Porameth did not disclose in tender offer report (Form 247-4) on September 30, 2013 that Mr. Sathit was the owner of ABC shares. Such action aided and abetted Mr. Sathit to violate section 247 and was to conceal that Mr.Sathit was the owner of ABC shares. 

 

781,333.33  

 

6

26/09/2018 

9/2018 

31/2018 

Mr. Chanon Wangtal 

246 

SEC Act 

On March 8, 2018, Mr. Chanon Wangtal acquired shares of META Corporation Public Company Limited (META) (previously named Vintage Engineering Public Company Limited (VTE)), which caused his aggregated holding of META shares to reach or pass a multiple of 5 percent of the total voting rights of META. But he filed inaccurate reports (Form 246-2) of his holding of META shares after such acquisition to the SEC Office within 3 business days as specified in the notification of the Capital Market Supervisory Board. He later filed the accurate reports (Form 246-2) to the SEC Office on June 28, 2018. 

 

20,700.00  

 

7

24/10/2018 

10/2018 

32/2018 

TV Thunder Public Company Limited 

56(1) 

SEC Act 

TV Thunder Public Company Limited, a securities issuer, prepared and submitted the accurate reviewed financial statements for Q1/2018 ended March, 2018 to the Stock Exchange of Thailand and the SEC Office on May 15, 2018 respectively. The reviewed financial statements for Q1/2018 did not comply with the notification of the Capital Market Supervisory Board. The rectified financial statements was later filed with the SET on August 9, 2018. 

 

57,600.00  

 

8

24/10/2018 

10/2018 

33/2018 

Mrs. Patraporn Wannapinyo 

300 in conjunction with 56(1) 

SEC Act 

Mrs. Patraporn Wannapinyo, a Vice Chairman and Chief Executive Officer responsible for the operation of TV Thunder Public Company Limited (TVT), shall be liable for TVT?s failure to prepare and submit the reviewed financial statements for Q1/2018 within the period specified by the Capital Market Supervisory Board. 

 

57,600.00  

 

9

24/10/2018 

10/2018 

34/2018 

Phatra Asset Management Company Limited 

117 

SEC Act 

Between December 12, 2016 and September 4, 2017, Phatra Asset Management Company Limited, a mutual fund management company, failed to comply with the rules, conditions, and procedures specified in the notifications of the Capital Market Advisory Board by having an inefficient management system of AI term fund investment in order to enable the investment to be made prudently, carefully and appropriately for the purpose of the best interest of the customers and having conflict of interest. Phatra has invested in high risk investment which did not follow the conditions stated in the proposed portfolio and small print. Furthermore Phatra asset management kept the benefits of that risk investments as the management fee so the investors received lower benefits.  

 

1,635,000.00  

 

10

24/10/2018 

10/2018 

35/2018 

Mr. Yuthapol Laplamool 

283 paragraph 1 

SEC Act 

Mr. Yuthapol Laplamool, the managing director of Phatra Asset Management Company Limited (?Phatra?), failed to performed his duty of care in managing such property funds, caused Phatra failed to comply with the rules, conditions, and procedures specified in the notifications of the Capital Market Advisory Board by having an inefficient management system of 4 AI term fund investment in order to enable the investment to be made prudently, carefully and appropriately for the purpose of the best interest of the customers and having conflict of interest. Phatra has invested in high risk investment which did not follow the conditions stated in the proposed portfolio and small print. Furthermore Phatra kept the benefits of that risk investments as the management fee so the investors received lower benefits. His failure violated section 117 of SEC Act. Therefore, he was liable to the punishment under section 283 paragraph 1. 

 

200,000.00  

 

11

24/10/2018 

10/2018 

36/2018 

Mrs. Orapan Tanthaprasart 

283 paragraph 1 

SEC Act 

Mrs. Orapan Tanthaprasart, the manager of AI term fund of Phatra Asset Management Company Limited (?Phatra?), failed to performed her duty of care in managing such property funds, caused Phatra failed to comply with the rules, conditions, and procedures specified in the notifications of the Capital Market Advisory Board by having an inefficient management system of 4 AI term fund investment in order to enable the investment to be made prudently, carefully and appropriately for the purpose of the best interest of the customers. Phatra has invested in high risk investment which did not follow the conditions stated in the proposed portfolio and small print. Furthermore Phatra kept the benefits of that risk investments as the management fee so the investors received lower benefits. Her failure violated section 117 of SEC Act. Therefore, she was liable to the punishment under section 283 paragraph 1. 

 

200,000.00  

 

12

24/10/2018 

10/2018 

37/2018 

Mrs. Chamaiporn Yongvongphaiboon 

246 

SEC Act 

On November 9, 2016 Mrs. Chamaiporn Yongvongpaiboon acquired of Permsin Steel Works Public Company Limited (PERM) shares held by her nominees which caused her aggregate holding of PERM shares reached or passed five percent of the total number of voting rights of PERM but she failed to reported these acquisition to the SEC Office within the period specified in the notification of the Capital Market Supervisory Board. She later filed the accurate reports (Form 246-2) to the SEC Office on September 21, 2018. 

 

480,600.00  

 

13

24/10/2018 

10/2018 

38/2018 

Mr. Sittichai Leeswatrakul 

246 

SEC Act 

Mr. Sittichai Leeswatrakul, who acted together or was acting in concert with Miss Tanika Tangpoonphonvivat by having an agreement to exercise their voting rights in the same direction, or an agreement to jointly manage a business, failed to report the disposal of Millcon Steel Public Company Limited (MILL) shares to the SEC Office within the period specified in the notification of the Capital Market Supervisory Board after he and his concert parties jointly disposed MILL shares held by their nominee on June 11, 2014 which caused his and his concert parties aggregate holding of MILL shares reached or passed five percent of the total number of voting rights of MILL. He later filed the accurate reports (Form 246-2) to the SEC Office on October 18, 2018. 

 

1,026,000.00  

 

14

24/10/2018 

10/2018 

39/2018 

Miss Tanika Tangpoonphonvivat 

246 

SEC Act 

Miss Tanika Tangpoonphonvivat, who acted together or was acting in concert with Mr. Sittichai Leeswatrakul by having an agreement to exercise their voting rights in the same direction, or an agreement to jointly manage a business, failed to report the disposal of Millcon Steel Public Company Limited (MILL) shares to the SEC Office within the period specified in the notification of the Capital Market Supervisory Board after she and her concert parties jointly disposed MILL shares held by their nominee on June 11, 2014 which caused her and her concert parties aggregate holding of MILL shares reached or passed five percent of the total number of voting rights of MILL. She later filed the accurate reports (Form 246-2) to the SEC Office on October 18, 2018. 

 

1,026,000.00  

 

15

24/10/2018 

10/2018 

40/2018 

Yuanta Securities (Thailand) Company Limited 

113 

SEC Act 

Between March 1, 2017 and October 31, 2017; Yuanta Securities (Thailand) Company Limited, as a securities broker, failed to comply with rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by putting in place an insufficient know-your-customer and customer due diligence (KYC/CDD) procedure. 

 

640,000.00  

 

16

21/11/2018 

11/2018 

41/2018 

Nation Broadcasting Corporation Public Company Limited 

56(2) 

SEC Act 

Nation Broadcasting Corporation Public Company Limited (?NBC?), a securities issuer, failed to prepare and submit the audited financial statements for the year 2017 to the Stock Exchange of Thailand and the SEC Office within the period specified in the notification. However, the financial statements for the year 2017 were later filed with the SET and the SEC Office on March 9, 2018 and March 13, 2018, respectively. 

 

85,800.00  

 

17

21/11/2018 

11/2018 

42/2018 

Mr. Supawat Sa-nguan-ngam 

300 in conjunction with 56(2) 

SEC Act 

Mr. Supawat Sa-nguan-ngam, Managing Directer, responsible for the operation of Nation Broadcasting Corporation Public Company Limited (?NBC?), shall be liable for NBC?s failure to prepare and submit the financial statements for the year 2017 within the specified period. 

 

85,800.00  

 

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