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

20/12/2017 

11/2017 

102/2017 

Asset Plus Fund Management Company Limited 

117 

SEC Act 

Between December 20, 2016 and August 16, 2017; Asset Plus Fund Management Company Limited (Asset Plus), a mutual fund management company, failed to comply with the rules, conditions, and procedures specified in the notifications of the Capital Market Advisory Board. Asset Plus failed to demonstrate that the investment decisions it made have been prudently considered that the transactions entailed the best interest for clients and that the transactions have been dealt similarly to arm?s length transaction basis due to the fact that Asset Plus did not provide evidentiary documentation that demonstrates facts representing such reasonable ground for entering into such transactions and maintain the evidentiary documentation retrievable for inspection by the SEC Office. 

 

315,000.00  

 

2

20/12/2017 

11/2017 

102/2017 

Asset Plus Fund Management Company Limited 

117 

SEC Act 

Between December 20, 2016 and June 12, 2017, Asset Plus Fund 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 failing to put in place a sufficient and effective system for analyzing quantitative data and qualitative data of unrated debt instruments before investing in the debt instruments. 

 

250,000.00  

 

3

20/12/2017 

11/2017 

100/2017 

Asia Precision Public Company Limited 

199 in conjunction with 56(2) 

SEC Act 

Asia Precision Public Company Limited (?APCS?), a securities issuer, failed to prepare and submit the audited financial statements for the year 2016 to the Stock Exchange of Thailand and the SEC Office within the period specified in the notification. However, the financial statements for the year 2016 were later filed with the SET and the SEC Office on March 9, 2017 and March 10, 2017, respectively. 

 

85,800.00  

 

4

15/11/2017 

10/2017 

95/2017 

Mr. Chan Thienkanjanawong 

246 

SEC Act 

Mr. Chan Thienkanjanawong (?Mr. Chan?) inaccurately reported to the SEC Office the acquisition of Big Camera Corporation Public Company Limited (?BIG?) on June 9, 2014. On June 10, 2017, he reported his acquisition of BIG shares of 241,164,000 shares which equaled to 27.34 percent of the total number of voting rights of BIG and reported the aggregate holding of his shares, his spouse?s and concert party?s shares in the combined amount of 547,969,500 shares which equaled to 62.11 percent of the total number of voting rights of BIG. But Mr. Chan did not report other shares held by his nominee in the amount of 73,106,100 shares which equaled to 8.29 percent of the total number of voting rights of BIG causing his aggregate holding of BIG shares to reach or pass a multiple of five percent of the total number of voting rights of the BIG. Later, on September 15, 2017, Mr. Chan filed the report of the acquisition of BIG shares held by his nominee to the SEC Office. Moreover, Mr. Chan failed to report the disposal of BIG shares on March 8, 2016, within the period specified in the notification of the Capital Market Supervisory Board which is in the amount of 49,724,400 shares which equaled to 1.41 percent of the total number of voting rights of BIG causing the total amount of shares held by him, his spouse and concert party to decrease from 2,497,678,500 shares which equaled to 70.80 percent of the total number of voting rights of BIG to 2,447,954,100 shares which equaled to 69.37 percent of the total number of voting rights of BIG. He later filed the reports to the SEC Office on September 15, 2017. 

 

146,750.00  

 

5

15/11/2017 

10/2017 

82/2017 

Miss Asavinee Srisomburananont 

247 in conjunction with Section 86 of the Penal Code 

SEC Act 

Miss Asavinee Srisomburananont, a supervisor appointed by The Siam Commercial Bank Public Company Limited to act as the preparer of the offer document of Jasmine International Public Company Limited (?JAS?) played a part in being the supporter of Mr.Pete Bodharamik?s offence that are failing to prepare and submit (1) an announcement of a statement of the intention to make a tender offer in Form 247-3 and (2) a report on the result of the tender offer in form 247-6-Khor to the SEC Office within the period Specified in the notification. 

 

108,000.00  

 

6

15/11/2017 

10/2017 

82/2017 

Miss Asavinee Srisomburananont 

247 in conjunction with Section 86 of the Penal Code 

SEC Act 

Miss Asavinee Srisomburananont, a supervisor appointed by The Siam Commercial Bank Public Company Limited to act as the preparer of the offer document of Jasmine Telecom Systems Public Company Limited (?JTS?) played a part in being the supporter of Mr.Pete Bodharamik?s offence that are failing to prepare and submit (1) a report on the total number of shares held in Form 246-2 (2) an announcement of a statement of the intention to make a tender offer in Form 247-3 and (3) a submission of the offer document in Form 247-4 to the SEC Office within the period Specified in the notification. 

 

112,000.00  

 

7

15/11/2017 

10/2017 

84/2017 

Mr. Amorn Meemano 

300 

SEC Act 

Mr. Amorn Meemano, the Chief Executive Officer responsible for the operation of AJ Advance Technology Public Company Limited (?AJA?), was liable for AJA?s failure to prepare and submit the reviewed financial statements for Q1/2017 ended March 31, 2017 within May 15, 2017. 

 

185,400.00  

 

8

15/11/2017 

10/2017 

86/2017 

Mr. Chamnarn Pornpilailuck 

300 

SEC Act 

Mr. Chamnarn Pornpilailuck, a managing director responsible for the operation of Porn Prom Metal Public Company Limited (PPM), shall be liable for PPM?s failure to prepare and submit the reviewed financial statements for Q1/2017 to the SEC Office and the Stock Exchange of Thailand within the specified period, resulting in the company?s violation of section 56. 

 

93,000.00  

 

9

15/11/2017 

10/2017 

88/2017 

Mr. Pratheep Theepakornsukkasem 

300 

SEC Act 

Mr. Pratheep Theepakornsukkasem, a chief executive director responsible for the operation of Smart Concrete Public Company Limited (?SMART?), shall be liable for SMART?s failure to prepare and submit the accurate financial statements for Q1/ 2017 ended March 31, 2017 within the period specified by the Capital Market Supervisory Board. 

 

55,200.00  

 

10

15/11/2017 

10/2017 

90/2017 

Miss Sugunya Sukjaroenkraisri 

300 

SEC Act 

Miss Sugunya Sukjaroenkraisri, a Chief Executive Officer for the operation of Asia Capital Group Public Company Limited (?ACAP?), shall be liable for ACAP?s failure to prepare and submit the accurate annual registration statement for the year 2016 (Form 56-1) specified by the Capital Market Supervisory Board resulted from the instruction or the failure to give instruction which is a duty required to be performed. 

 

68,100.00  

 

11

15/11/2017 

10/2017 

90/2017 

Miss Sugunya Sukjaroenkraisri 

300 

SEC Act 

Miss Sugunya Sukjaroenkraisri, a Chief Executive Officer for the operation of Asia Capital Group Public Company Limited (?ACAP?), shall be liable for ACAP?s failure to prepare and submit the accurate annual report for the year 2016 (Form 56-2) specified by the Capital Market Supervisory Board resulted from the instruction or the failure to give instruction which is a duty required to be performed. 

 

60,300.00  

 

12

15/11/2017 

10/2017 

90/2017 

Miss Sugunya Sukjaroenkraisri 

300 

SEC Act 

Miss Sugunya Sukjaroenkraisri, a Chief Executive Officer for the operation of Asia Capital Group Public Company Limited (?ACAP?), shall be liable for ACAP?s failure to prepare and submit the accurate financial statement for the year 2016 specified by the Capital Market Supervisory Board resulted from the instruction or the failure to give instruction which is a duty required to be performed. 

 

62,100.00  

 

13

15/11/2017 

10/2017 

92/2017 

Miss Kanyakorn Supakarnkacharoen 

300 

SEC Act 

Miss Kanyakorn Supakarnkacharoen, an authorized director, responsible for the operation of Lederer (Thailand) Company Limited, shall be liable for Lederer (Thailand) Company Limited offer for sale newly issued securities in the category of debentures without having obtained an approval from the SEC Office.  

 

1,530,000.00  

 

14

15/11/2017 

10/2017 

94/2017 

Miss Ornpaphat Chantarasaka 

300 

SEC Act 

Miss Ornpaphat Chantarasaka, authorized director, responsible for the operation of Marnfah Group Company Limited, shall be liable for Marnfah Group Company Limited offer for sale newly issued securities in the category of debentures without having obtained an approval form the SEC Office. 

 

500,000.00  

 

15

20/12/2017 

11/2017 

101/2017 

Mr. Apichart Karoonkornsakul 

300 

SEC Act 

Mr. Apichart Karoonkornsakul, president, responsible for the operation of Asia Precision Public Company Limited (?APCS?), shall be liable for APCS?s failure to prepare and submit the financial statements for the year 2016 within the specified period. 

 

85,800.00  

 

16

20/12/2017 

11/2017 

104/2017 

Mr. Wichai Thavornwattanayong 

300 

SEC Act 

Mr. Wichai Thavornwattanayong, the Ex-Chairman responsible for the operation of Inter Far East Energy Corporation Company Limited (?IFEC?), was liable for IFEC?s failure to prepare and submit the incident which affects or is likely to affect the rights and interests of securities holders or the decision-making on investment or the change in the securities price of the company within specified period. 

 

367,500.00  

 

17

20/12/2017 

11/2017 

97/2017 

Mr. Apivut Thongkam 

300 

SEC Act 

Mr. Apivut Thongkam, chief executive officer for the operation of AQ Estate Public Company Limited (?AQ?), shall be liable for AQ?s failure to prepare and submit the reviewed financial statements for Q1/2017 and Q2/2017 within the period specified in the notification resulted from the instruction or the failure to give instruction which is a duty required to be performed. 

 

111,900.00  

 

18

20/12/2017 

11/2017 

99/2017 

Mr. Amorn Meemano 

300 

SEC Act 

Mr. Amorn Meemano, the Chief Executive Officer responsible for the operation of AJ Advance Technology Public Company Limited (?AJA?), was liable for AJA?s failure to prepare and submit the reviewed financial statements for Q2/2017 ended June 30, 2017 within August 15, 2017. 

 

193,500.00  

 

19

15/11/2017 

10/2017 

91/2017 

Lederer (Thailand) Company Limited 

33 

SEC Act 

Lederer (Thailand) Company Limited offer for sale newly issued securities in the category of debentures without having obtained an approval from the SEC Office. 

 

1,530,000.00  

 

20

15/11/2017 

10/2017 

93/2017 

Marnfah Group Company Limited 

33 

SEC Act 

Marnfah Group Company Limited offer for sale newly issued securities in the category of debentures without having obtained an approval from the SEC Office. 

 

500,000.00  

 

21

15/11/2017 

10/2017 

89/2017 

Asia Capital Group Public Company Limited 

56 and 199 

SEC Act 

Asia Capital Group Public Company Limited (?ACAP?) prepared and submitted the inaccurate annual registration statement for the year 2016 (?Form 56-1?), to the SET and the SEC Office. The Form 56-1 did not comply with the Thai Accounting Standard no.18 (revised 2015), Revenue (TAS 18) and clause 14 a(i) of IAS - IE 18. Later, the rectified Form 56-1 was filed with the SET and the SEC Office. 

 

68,100.00  

 

22

15/11/2017 

10/2017 

89/2017 

Asia Capital Group Public Company Limited 

56 and 199 

SEC Act 

Asia Capital Group Public Company Limited (?ACAP?) prepared and submitted the inaccurate annual report for the year 2016 (?Form 56-2?) to the SET and the SEC Office.The Form 56-2 did not comply with the Thai Accounting Standard no.18 (revised 2015), Revenue (TAS 18) and clause 14 a(i) of IAS ? IE 18. Later, the rectified Form 56-2 was filed with the SET and the SEC Office. 

 

60,300.00  

 

23

15/11/2017 

10/2017 

89/2017 

Asia Capital Group Public Company Limited 

56 and 199 

SEC Act 

Asia Capital Group Public Company Limited (?ACAP?) prepared and submitted the inaccurate financial statement for the year 2016 to the SET and the SEC Office. The financial statement for the year 2016 did not comply with the Thai Accounting Standard no.18 (revised 2015), Revenue (TAS 18) and clause 14 a(i) of IAS - IE 18. Later, the rectified financial statement for the year 2016 was filed with the SET and the SEC Office. 

 

62,100.00  

 

24

15/11/2017 

10/2017 

83/2017 

AJ Advance Technology Public Company Limited 

56(1) in conjunction with 199 

SEC Act 

AJ Advance Technology Public Company Limited (?AJA?), a securities issuer, failed to prepare and submit the reviewed financial statements for Q1/2017 ended March 31, 2017 to the SEC Office and the Stock Exchange of Thailand (the SET) within May 15, 2017. The reviewed financial statements for Q1/2017 were later submitted to the SET on August 15,2017 and SEC Office August 16,2017. 

 

185,400.00  

 

25

15/11/2017 

10/2017 

87/2017 

Smart Concrete Public Company Limited 

56(1) in conjunction with 199 

SEC Act 

Smart Concrete Public Company Limited (?SMART?), a securities issuer, submitted the inaccurate financial statements for Q1/ 2017 ended March 31, 2017 to the Stock Exchange of Thailand (the SET) and the SEC Office on May 11, 2017 and May 15, 2017 respectively. The financial statements did not comply with the Financial Reporting Standard No. 10 (Revised 2558) Events after the Reporting Period. The rectified financial statements for Q1/ 2017 were later filed with the SET and the SEC Office on August 7, 2017 and August 10, 2017 respectively. 

 

55,200.00  

 

26

20/12/2017 

11/2017 

96/2017 

AQ Estate Public Company Limited 

56(1) in conjunction with 199 

SEC Act 

AQ Estate Public Company Limited (?AQ?), a securities issuer, failed to prepare and submit the reviewed financial statements for Q1/2017 and Q2/2017 to the Stock Exchange of Thailand and the SEC Office within the period specified in the notification. Later, the reviewed financial statements for Q1/2017 and Q2/2017 were filed with the SET and the SEC Office. 

 

183,600.00  

 

27

20/12/2017 

11/2017 

98/2017 

AJ Advance Technology Public Company Limited 

56(1) in conjunction with 199 

SEC Act 

AJ Advance Technology Public Company Limited (?AJA?), a securities issuer, failed to prepare and submit the reviewed financial statements for Q2/2017 ended June 30, 2017 to the SEC Office and the Stock Exchange of Thailand (the SET) within August 15, 2017. The reviewed financial statements for Q2/2017 were later submitted to the SET on September 29,2017. 

 

193,500.00  

 

28

15/11/2017 

10/2017 

85/2017 

Porn Prom Metal Public Company Limited 

56(1) 

SEC Act 

Porn Prom Metal Public Company Limited, a securities issuer, failed to submit the reviewed financial statements for Q1/2017 to the SEC Office and the Stock Exchange of Thailand (SET) within the period specified in the notification of the Capital Market Supervisory Board. The financial statements were later filed with the SET on May 30, 2017 and with the SEC office on May 31,2017. 

 

93,000.00  

 

29

20/12/2017 

11/2017 

103/2017 

Inter Far East Energy Corporation Company Limited 

Section 57(6) 

SEC Act 

Inter Far East Energy Corporation Company Limited delayed in reporting to the SEC Office the defaults in bonds and the events of default in bonds, these incidents which affect or likely to affect the rights and interests of securities holders or the decision-making on investment or the change in the securities price of the company. 

 

367,500.00  

 

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