Securities and Exchange Commission Thailand

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Criminal Fining
Complaint

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

18/10/2017 

9/2017 

74/2017 

Miss Worawan Charoensontipab 

283 paragraph 1 

SEC Act 

Miss Worawan Charoensontipab, at the time she was holding the position of the fund manager of CIMB-Principal Asset Management Company Limited (CIMB), responsible for the operation of CIMB, failed to perform her duty of care as the fund manager resulting in CIMB?s violation of section 117. Between July 6, 2016 and February 28, 2017, CIMB failed to comply with the rules, conditions, and procedures specified in the notifications of the Capital Market Advisory Board by not putting in place an appropriate investment management system which has clear procedures and methods of operation before and after investment in order to enable the investment to be made prudently, carefully and appropriately for the purpose of the best interest of the customers.  

 

200,000.00  

 

2

18/10/2017 

9/2017 

73/2017 

Miss Chanaikan Swadirurk 

283 paragraph 1 

SEC Act 

Miss Chanaikan Swadirurk, the Head of Fixed income and the fund manager of CIMB-Principal Asset Management Company Limited (CIMB), responsible for the operation of CIMB, failed to perform her duty of care as the Head of Fixed income and the fund manager resulting in CIMB?s violation of section 117. Between July 6, 2016 and February 28, 2017, CIMB failed to comply with the rules, conditions, and procedures specified in the notifications of the Capital Market Advisory Board by not putting in place an appropriate investment management system which has clear procedures and methods of operation before and after investment in order to enable the investment to be made prudently, carefully and appropriately for the purpose of the best interest of the customers.  

 

200,000.00  

 

3

18/10/2017 

9/2017 

72/2017 

Mr. Win Phromphaet 

283 paragraph 1 

SEC Act 

Mr. Win Phromphaet, the Chief Investment Officer and the fund manager of CIMB-Principal Asset Management Company Limited (CIMB), responsible for the operation of CIMB, failed to perform his duty of care as the Chief Investment officer and the fund manager resulting in CIMB?s violation of section 117. Between July 6, 2016 and February 28, 2017, CIMB failed to comply with the rules, conditions, and procedures specified in the notifications of the Capital Market Advisory Board by not putting in place an appropriate investment management system which has clear procedures and methods of operation before and after investment in order to enable the investment to be made prudently, carefully and appropriately for the purpose of the best interest of the customers. 

 

200,000.00  

 

4

19/07/2017 

6/2017 

52/2017 

CIMB THAI BANK PUBLIC COMPANY LIMITED 

113 

SEC Act 

Between August 2, 2016 and April 25, 2017, CIMB THAI BANK Public Company Limited as a Investment Agent, a fund management CIMB-Principal Asset Management, have no measure to assure that the fund offered to customers not significantly different from the fund delivered to customers and have no following-up measure to portfolio, and causing damage to the client. 

 

205,200.00  

 

5

19/07/2017 

6/2017 

51/2017 

CIMB-Principal Asset Management Company Limited 

117 

SEC Act 

Between July 19, 2016 and February 28, 2017, CIMB-Principal 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 not putting in place an appropriate investment management system which has clear procedures and methods of operation before and after investment in order to enable the investment to be made prudently, carefully and appropriately for the purpose of the best interest of the customers. 

 

375,000.00  

 

6

19/07/2017 

6/2017 

51/2017 

CIMB-Principal Asset Management Company Limited 

117 

SEC Act 

CIMB-Principal Asset Management Company Limited, a mutual fund management company, failed to comply with the SEC?s rules and regulations, by advertising misleading information and presenting advertisement that is not obviously seen relating to CIMB-Principal Enhanced Return 6M10 Fund on July 25-27, 2016, and CIMB-Principal Enhanced Return 6M11 Fund on August 4-8, 2016. 

 

84,500.00  

 

7

15/03/2017 

3/2017 

29/2017 

ASL Securities Company Limited 

113 paragraph 1 

SEC Act 

Between May 15, 2015 and October 26, 2016 ASL Securities Company Limited (ASL), a securities broker failed to comply with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by having in place an ineffective compliance system on Know-Your-Client / Customer Due Diligence (KYC/CDD) and enhanced KYC/CDD procedure . First, ASL did not perform their KYC/CDD and Enhanced KYC/CDD procedure on the debenture clients. Second, the criteria for screening the STR transaction was inefficient. Moreover, the company did not perform enhanced KYC/CDD procedure on the clients that request to improve their trading amount. Such action reflect loophole and inefficiency of Asia Plus?s operation system which may impact capital market?s integrity. 

 

402,500.00  

 

8

15/03/2017 

3/2017 

28/2017 

AIRA Securities Public Company Limited 

113 

SEC Act 

Between July 10, 2015 and October 11, 2016, AIRA Securities Public 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 to Know-Your-Client / Customer Due Diligence (KYC/CDD)including enhanced Know-Your-Client / Customer Due Diligence (enhanced KYC/CDD) procedure to know and identify customer or real beneficiary and insufficient to protect inappropriate action of customer.The company fails to enhanced KYC/CDD of 3 customers who have transactions didn?t fit with their trading amount. 

 

286,000.00  

 

9

21/02/2017 

2/2017 

21/2017 

Mr. Suphan Settapanich 

283 paragraph 1 

SEC Act 

Between November 21, 2014 and October 3, 2016; Mr. Suphan Settapanich, a managing director of Solaris Asset Management Company Limited (?Solaris Asset Management?), a chairman of Investment Consultant Committee and a committee of Risk Management responsible for the operation of Solaris Asset Management, ordered or performed his duty resulting in Solaris Asset Management?s violation of section 117 of the Securities and Exchange Act B.E. 2535 by failing to put in place a sufficient and effective system for analyzing quantitative data and qualitative data of unrated debt instruments of which the issuers are unlisted companies on the Stock Exchange of Thailand before investing in the debt instruments.  

 

200,000.00  

 

10

21/02/2017 

2/2017 

20/2017 

AEC Securities Public Company Limited 

113 

SEC Act 

Between July 31, 2015 and September 13, 2016, AEC Securities Public Company Limited failed to comply with rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by putting in place an insufficient security system to prevent an unauthorized person from accessing information relating to the undertaking of securities business. 

 

168,600.00  

 

11

18/01/2017 

1/2017 

7/2017 

Asset Plus Fund Management Company Limited 

117 

SEC Act 

Asset Plus Fund Management Company Limited, a fund management company , failed to report a failure to maintain the capital adequacy or insure the company against liabilities arising from business operation or performance of duties of the company, executives, directors, and employees in accordance with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board in the Annual Compliance Report with the SEC. 

 

75,000.00  

 

12

18/01/2017 

1/2017 

7/2017 

Asset Plus Fund Management Company Limited 

117 

SEC Act 

Between January 18, 2016 and May 22, 2016, Asset Plus Fund Management Company Limited, a fund management company , failed to maintain the capital adequacy or insure the company against liabilities arising from business operation or performance of duties of the company, executives, directors, and employees in accordance with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board. 

 

262,500.00  

 

13

18/01/2017 

1/2017 

6/2017 

KT ZMICO Securities Company Limited 

90 paragraph 4 

SEC Act 

KT ZMICO Securities Company Limited licensed to undertake Securities Borrowing and Lending (?SBL?) business, failed to comply with rules, conditions, and procedures specified in the Notification of the Securities and Exchange Commission by not providing a system related to the collateral of retail customers lending securities to the company.  

 

304,500.00  

 

14

18/01/2017 

1/2017 

5/2017 

Asia Plus Securities Company Limited 

113 

SEC Act 

Between January 18,2015 and September 18, 2016 Asia Plus Securities Company Limited (Asia Plus), a securities broker failed to comply with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by having in place an ineffective compliance system on Know-Your-Client / Customer Due Diligence (KYC/CDD) procedure. First, Asia Plus provide insufficient screen sufficient transaction system. Second, the company did not perform their KYC/CDD and Enhanced KYC/CDD procedure on the B/E and debenture clients. Moreover, there were doubtful share transfer to or from Asia Plus?s clients with the total amount of 1,340.96 million baht. And Last, when Asia Plus found that the client use the same e-mail for receiving the important document from the company, the company did not provide any action on the occurrence. Such action reflect loophole and inefficiency of Asia Plus?s operation system which may impact capital market?s integrity. 

 

426,250.00  

 

15

14/12/2016 

11/2016 

112/2016 

MFC Asset Management Company Limited 

117 

SEC Act 

MFC Asset Management Company Limited, a fund management company , failed to comply with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board. MFC received compensation or other benefits in addition to the usual compensation or benefits that can be derived from a securities broker, which acts as a broker for funds managed by MFC. 

 

240,000.00  

 

16

02/12/2016 

10/2016 

102/2016 

Probus Investment Advisory (Thailand) Limited 

115 

SEC Act 

Between January 1, 2016 and September 6, 2016, Probus Investment Advisory (Thailand) Limited, an investment advisor, failed to comply with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by failing to provide Investment Consultants have been approved by the Securities and Exchange Commission. 

 

130,000.00  

 

17

03/11/2016 

9/2016 

88/2016 

Solaris Asset Management Company Limited 

117 

SEC Act 

Between November 3, 2015 and October 3, 2016, Solaris Asset Management Company Limited, a fund management company, failed to comply with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by failing to put in place a sufficient and effective system for analyzing quantitative data and qualitative data of unrated debt instruments which the issuers are unlisted companies on the Stock Exchange of Thailand before investing in the debt instruments. 

 

411,000.00  

 

18

21/09/2016 

8/2016 

81/2016 

Mr. Prasit Srisuwan 

283 

SEC Act 

Mr. Prasit Srisuwan, a former executive chairman of Apple Wealth Securities Public Company Limited (?Apple Wealth?) and a former chairman of the anti-money laundering team of Apple Wealth, failed to perform his duty resulting in Apple Wealth?s violation of section 113 by having in place an ineffective compliance system on Know-Your-Client / Customer Due Diligence (KYC/CDD) and Enhanced KYC/CDD procedure between January 1,2015 and March 15, 2016. 

 

80,000.00  

 

19

21/09/2016 

8/2016 

67/2016 

SCB Securities Company Limited 

113 

SEC Act 

Between September 21, 2015 and September 5, 2016, SCB Securities 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 having an ineffective and insufficient system concerning Know-Your-Client/Client Due Diligent ("KYC/CDD") 

 

698,437.50  

 

20

21/09/2016 

8/2016 

66/2016 

Probus Investment Advisory (Thailand) Limited 

106 

SEC Act 

Probus Investment Advisory (Thailand) Limited, an investment advisor, submitted the inaccurate financial statements for the first half of the year period ended June 30, 2015 and published in newspaper later the period specified by the Securities and Exchange ACT B.E. 2535  

 

264,600.00  

 

21

31/08/2016 

7/2016 

55/2016 

SCB Asset Management Company Limited 

117 

SEC Act 

SCB Asset Management Company Limited (SCBAM), a fund management company, failed to manage a mutual fund in accordance with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by having an inadequate system for arranging and keeping information, documents and evidentiary documentations relating to the intermediary?s business which implies that SCBAM had an inefficient internal audit and control system significantly. SCBAM?s officers took the approval on the limited of foreign investment in Thai to translate a document into English version in order to make any person believe that it was the document released by The SEC Office by scanning the SEC Office?s header and the SEC officer?s signature on this document and shown this document to business partner and depositary in opening account and any transaction for many funds. This incident occurred between May 2012 to March 2016. 

 

2,500,000.00  

 

22

31/08/2016 

7/2016 

45/2016 

Maybank Kim Eng Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between August 31, 2015 and May 15, 2016, Maybank Kim Eng Securities (Thailand) Public 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 enhanced Know-Your-Client / Customer Due Diligence (enhanced KYC/CDD) procedure. 

 

200,400.00  

 

23

31/08/2016 

7/2016 

44/2016 

Apple Wealth Securities Public Company Limited 

113 

SEC Act 

Between August 31,2015 and March 14, 2016 Apple Wealth Securities Public Company Limited (?Apple Wealth?), a securities broker failed to comply with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by having in place an ineffective compliance system on Know-Your-Client / Customer Due Diligence (KYC/CDD) and Enhanced KYC/CDD procedure. Various clients of Apple Wealth which included foreign juristic persons provide insufficient document for opening trading account which was not in accordance with its own rule but the executive committee chairman approved the account opening. Moreover, there were doubtful share transfer to or from Apple Wealth?s clients with the total amount of 537.8 million baht such as splitting transfer to several persons in several days and such transferees transferred the shares to the other persons. In addition, In addition, for the transaction involving share of a listed company totaling 8,501 million baht, the value of share received by transferees did not match their financial status recorded by Apple Wealth. But the company did not perform their Enhanced KYC/CDD procedure. Such action reflect loophole and inefficiency of Apple Wealth?s operation system which may impact capital market?s integrity. 

 

2,270,000.00  

 

24

26/07/2016 

6/2016 

39/2016 

Bualuang Securities Public Company Limited 

113 

SEC Act 

Between May 31, 2015 and January 7, 2016, Bualuang Securities Public 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 enhanced Know-Your-Client / Customer Due Diligence (enhanced KYC/CDD) procedure. 

 

144,600.00  

 

25

26/07/2016 

6/2016 

34/2016 

Kasikorn Bank Public Company Limited 

113 

SEC Act 

Between August 17, 2008 and January 30, 2016, Kasikorn Bank Public Company Limited, a Limited Broker Dealer Underwriter (LBDU) puts in place an insufficient system of operational control for examining and counterbalancing the personnel?s performance, an inefficient internal audit and control system, an inadequate and ineffective compliance system and an insufficient system for arranging and keeping information, documents and evidentiary documentations relating to the intermediary?s business which is unable to serve accurately and thoroughly, including verification and safety of such stored things. All insufficient system may not only giving the chance to fraud easily but also cannot detect or restrain the wrongdoing quickly and effectively which affected to widespread damages to the customers.  

 

1,460,000.00  

 

26

26/07/2016 

6/2016 

34/2016 

Kasikorn Bank Public Company Limited 

113 

SEC Act 

between August 17, 2008 and May 29, 2016, Kasikorn Bank Public Company Limited, a Limited Broker Dealer Underwriter (LBDU) puts in place an insufficient system by having an inadequate, ineffective and incomplete comprehensive risk management of which preventive measures and arrangement, and having inefficient information technology system which caused widespread severe damages to the customers. 

 

2,260,000.00  

 

27

26/07/2016 

6/2016 

32/2016 

Asia Wealth Securities Company Limited 

113 

SEC Act 

Between January 20, 2015 and July 30, 2015, Asia Wealth Securities 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 system for monitoring and supervising its investment consultants to perform duties regarding accepting trading orders and giving advices via Line application. 

 

72,000.00  

 

28

28/06/2016 

5/2016 

31/2016 

Krung Thai Asset Management Public Company Limited 

117 

SEC Act 

Between July 22, 2015 and February 22, 2016, Krung Thai Asset Management Public Company Limited, a mutual fund management company, failed to manage the mutual fund in accordance with the rules, conditions, procedures as specified in the notification of the Capital Market Supervisory Board, by disclosing insufficient information to unitholders concerning the restructuring of investment strategy and policy of the Thai Commercial Investment Freehold and Leasehold Fund.  

 

174,600.00  

 

29

20/04/2016 

3/2016 

19/2016 

AIRA Securities Public Company Limited 

113 

SEC Act 

AIRA Securities Public Company Limited, a securities broker, failed to comply with rules specified in the notifications issued by virtue of Section 113 of the Securities and Exchange Act B.E. 2535 by failing to put in place effective management and risk management systems for proprietary trading as specified in the Notification of the Association of Thai Securities Companies. 

 

411,000.00  

 

30

20/04/2016 

3/2016 

18/2016 

MFC Asset Management Public Company Limited 

130 

SEC Act 

MFC Asset Management Public Company Limited, a mutual fund management company, failed to complete liquidation of the Asset Growth Property Fund within the period specified in the notification of the Capital Market Supervisory Board. 

 

255,000.00  

 

31

20/04/2016 

3/2016 

18/2016 

MFC Asset Management Public Company Limited 

130 

SEC Act 

MFC Asset Management Public Company Limited, a mutual fund management company, failed to complete liquidation of the Pacific Thai Property Fund within the period specified in the notification of the Capital Market Supervisory Board. 

 

217,000.00  

 

32

20/04/2016 

3/2016 

17/2016 

Probus Investment Advisory (Thailand) Limited 

106 

SEC Act 

Probus Investment Advisory (Thailand) Limited, an investment advisor, submitted the inaccurate financial statements for the year 2014 and published in newspaper later than the period specified by the Securities and Exchange ACT B.E. 2535 

 

176,400.00  

 

33

16/03/2016 

2/2016 

16/2016 

Bangkok Bank Public Company Limited 

113 

SEC Act 

Between September 29, 2014 and December 14, 2015, Bangkok Bank Public Company Limited, a Limited Broker Dealer Underwriter (LBDU), put in place an insufficient system for supervising and controlling the operation of sale of investment units, which may cause incorrect advices and damage to the customers. 

 

349,000.00  

 

34

16/03/2016 

2/2016 

15/2016 

SCB Asset Management Company Limited 

117 

SEC Act 

SCB Asset Management Company Limited (SCBAM), a fund management company, failed to manage a mutual fund in accordance with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by charging the remuneration arising from liquidation of the SCBFF2Y1 fund more than usual. 

 

375,000.00  

 

35

16/03/2016 

2/2016 

15/2016 

SCB Asset Management Company Limited 

117 

SEC Act 

SCB Asset Management Company Limited (SCBAM), a fund management company, failed to manage a mutual fund in accordance with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by having an inefficient system for protecting the client?s asset which is under the following rules that is SCBAM does not have the accrued interest monitoring system before liquidating the SCBFF2Y1 fund. 

 

202,800.00  

 

36

16/03/2016 

2/2016 

15/2016 

SCB Asset Management Company Limited 

130 

SEC Act 

SCB Asset Management Company Limited (SCBAM), a fund management company, failed to manage a mutual fund in accordance with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by does not paying the remaining money to the unitholders after the completion of the liquidation of the SCBFF2Y1 fund. 

 

148,000.00  

 

37

17/02/2016 

1/2016 

6/2016 

Mr. Pisit Patumban 

283 

SEC Act 

Mr. Pisit Patumban, an executive responsible for the front office operation of the AEC Securities Public Company Limited (?AEC?) and a member of the anti-money laundering and risk management team of AEC, failed to perform his duty resulting in AEC?s violation of section 113 by putting in place an ineffective Know Your Customer / Customer Due Diligence (KYC/CDD) procedure between December 23, 2014 and October 28, 2015. 

 

50,000.00  

 

38

17/02/2016 

1/2016 

5/2016 

Mr. Thada Chanprasit 

283 

SEC Act 

Mr. Thada Chanprasit, an executive responsible for the back office operation of the AEC Securities Public Company Limited (?AEC?) and a member of the anti-money laundering and risk management team of AEC, failed to perform his duty resulting in AEC?s violation of section 113 by putting in place an ineffective Know Your Customer / Customer Due Diligence (KYC/CDD) procedure between December 23, 2014 and October 28, 2015. 

 

50,000.00  

 

39

17/02/2016 

1/2016 

5/2016 

Mr. Thada Chanprasit 

283 

SEC Act 

Mr. Thada Chanprasit, an executive responsible for the back office operation of the AEC Securities Public Company Limited (?AEC?) and a member of the anti-money laundering and risk management team of AEC, failed to perform his duty resulting in AEC?s violation of section 113 by putting in place an insufficient operation regarding custody of client's asset as specified in the notification of the Capital Market Supervisory Board between December 23, 2014 and October 1, 2015. 

 

50,000.00  

 

40

23/12/2015 

11/2015 

82/2015 

AEC Securities Public Company Limited 

113 

SEC Act 

Between December 23, 2014 and October 1, 2015, AEC Securities Public 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 failing to put in place an effective systems for preventing conflicts of interest and insider trading. 

 

358,000.00  

 

41

23/12/2015 

11/2015 

82/2015 

AEC Securities Public Company Limited 

113 

SEC Act 

Between December 23, 2014 and October 1, 2015, AEC Securities Public Company Limited, as a securities broker, failed to put in place sufficient operation regarding custody of client's asset as specified in the notification of the Capital Market Supervisory Board. 

 

358,000.00  

 

42

23/12/2015 

11/2015 

82/2015 

AEC Securities Public Company Limited 

113 

SEC Act 

Between December 23, 2014 and October 28, 2015, AEC Securities Public 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 ineffective know-your-client / Customer Due Diligence (KYC/CDD) procedure. 

 

385,000.00  

 

43

18/11/2015 

9/2015 

73/2015 

Mr. Jeremy Lechemere King 

283 paragraph 1 in conjunction with 105 of SEC Act B.E. 2535 and Section of law 135 in conjunction with 129 of the Derivative Act B.E. 2546 

SEC Act 

Mr. Jeremy Lechemere King, the director and chief executive officer of Siam Knight Fund Management Securities Company Limited (Siam Knight), responsible for the operation of Siam Knight, failed to performed his duty of care as a director and chief executive officer resulting in Siam Knight violating of section 105 of SEC Act B.E. 2535 and Section 27 of the Derivative Act B.E. 2546. Between November 23, 2011 and November 17, 2014, Siam Knight prepared financial statements incorrectly by making higher equity rather than in actual value. 

 

466,400.00  

This act is also an offence under section 27 of the Derivative Act B.E. 2546 which is violating several provisions under section 90 of the Penal Code.  

44

18/11/2015 

9/2015 

73/2015 

Mr. Jeremy Lechemere King 

283 paragraph 1 in conjunction with 96 

SEC Act 

Mr. Jeremy Lechemere King, the director and chief executive officer of Siam Knight Fund Management Securities Company Limited (Siam Knight), responsible for the operation of Siam Knight, failed to performed his duty of care as a director and chief executive officer resulting in Siam Knight violating of section 96. Between January 1, 2012 and November 17, 2014, Siam Knight failed to maintain its registered paid-up capital at least one hundred million baht as specified in the notification of the Securities and Exchange Commission. 

 

50,000.00  

 

45

18/11/2015 

9/2015 

73/2015 

Mr. Jeremy Lechemere King 

283 paragraph 1 in conjunjunction with 109 

SEC Act 

Mr. Jeremy Lechemere King, the director and chief executive officer of Siam Knight Fund Management Securities Company Limited (Siam Knight), responsible for the operation of Siam Knight, failed to performed his duty of care as a director and chief executive officer resulting in Siam Knight violating of section 109. Between July 2, 2013 and September 1, 2014, Siam Knight failed to report to the SEC Office that the equity capital funds were less than ten millions baht. 

 

25,600.00  

 

46

18/11/2015 

9/2015 

73/2015 

Mr. Jeremy Lechemere King 

283 paragraph 2 in conjunction with 97 

SEC Act 

Mr. Jeremy Lechemere King, the director and chief executive officer of Siam Knight Fund Management Securities Company Limited (Siam Knight), responsible for the operation of Siam Knight, failed to performed his duty of care as a director and chief executive officer resulting in Siam Knight violating of section 97. Between June 2013 and August 2014, Siam Knight failed to maintain the capital adequacy in accordance with the rules, conditions and procedures as specified by the Securities and Exchange Commission by maintaining the capital adequacy less than ten millions baht.  

 

38,400.00  

 

47

20/08/2015 

7/2015 

56/2015 

KTB (Thailand) Securities Company Limited 

113 

SEC Act 

January 22, 2015 and January 23, 2015 KTB (Thailand) Securities Company Limited, a securities broker failed to properly record and maintain with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board  

 

63,900.00  

 

48

20/08/2015 

7/2015 

55/2015 

Country Group Securities Public Company Limited 

113 paragraph 1 

SEC Act 

Between September 5, 2014 and September 17, 2014, Country Group Securities Public Company Limited, a securities broker, failed to properly record and maintain all conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

56,250.00  

 

49

24/07/2015 

6/2015 

53/2015 

Kasikornbank Public Company Limited 

113 

SEC Act 

Between July 24, 2014 and October 9, 2014, Kasikornbank Public Company Limited, a mutual fund supervisor, an investment unit registrar and a Limited Broker Dealer Underwriter (LBDU), put in place an insufficient system for controlling the operation of sale of investment units, which may cause inappropriate advices to customers, or disputes between the bank and customers. 

 

91,800.00  

 

50

11/06/2015 

5/2015 

40/2015 

SCB Asset Management Company Limited 

125(1) 

SEC Act 

SCB Asset Management Company Limited, a mutual fund management company responsible for managing SCBAS6M4 Fund and SCBAS3M12 Fund, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board and to manage the fund in accordance with the approved mutual fund project by investing aboard in the amount exceeding 79% of net asset value of mutual fund. 

 

112,500.00  

 

51

11/06/2015 

5/2015 

39/2015 

Asia Wealth Securities Company Limited 

113 

SEC Act 

Between July 2, 2014 and October 29, 2014, Asia Wealth Securities Company Limited, as a securities broker, failed to provide investment analysis as specified in the notification of the Capital Market Supervisory Board. 

 

78,000.00  

 

52

11/06/2015 

5/2015 

39/2015 

Asia Wealth Securities Company Limited 

113 

SEC Act 

Between June 11, 2014 and December 7, 2014, Asia Wealth Securities 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 imprudently and insufficiently setting trading limit of each client. 

 

153,000.00  

 

53

11/06/2015 

5/2015 

39/2015 

Asia Wealth Securities Company Limited 

113 

SEC Act 

Between June 11, 2014 and January 19, 2015, Asia Wealth Securities 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 system for monitoring and supervising its investment consultants to perform duties. 

 

178,800.00  

 

54

11/06/2015 

5/2015 

38/2015 

UOB Asset Management (Thailand) Company Limited 

117 

SEC Act 

Between June 11, 2014 and November 5, 2014, UOB Asset Management (Thailand) Company Limited, as a mutual fund management company, put in place an insufficient system for managing its property funds which might affect the interest of unitholders as specified in the notification of the Capital Market Supervisory Board. 

 

133,800.00  

 

55

10/03/2015 

3/2015 

28/2015 

Apple Wealth Securities Public Company Limited 

113 

SEC Act 

Between April 4,2014 and November 11, 2014 Apple Wealth Securities Public Company Limited, a securities broker failed to comply with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by putting in place an ineffective know-your-client / Customer Due Diligence (KYC/CDD) procedure especially in case that the client make inappropriate securities trading with the financial ability or perform the suspicious securities trading. 

 

178,200.00  

 

56

10/03/2015 

3/2015 

28/2015 

Apple Wealth Securities Public Company Limited 

113 

SEC Act 

Between July 21, 2014 and July 25, 2014, Apple Wealth Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by not evaluating and ranking the securities for making company report about seven securities that was in top ten inaccordance with Association of Thai Securities Companies specified. 

 

82,800.00  

 

57

10/03/2015 

3/2015 

28/2015 

Apple Wealth Securities Public Company Limited 

113 

SEC Act 

Between July 7, 2014 and July 9, 2014, Apple Wealth Securities Public Company Limited,., a securities broker, failed to properly record and maintain all conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

122,400.00  

 

58

10/03/2015 

3/2015 

28/2015 

Apple Wealth Securities Public Company Limited 

113 

SEC Act 

Between June 1, 2014 and November 11, 2014, Apple Wealth Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by insufficiently supervising its investment consultants to perform duties in accordance with the standards of conduct causing obtaining authorization from client to make securities trading decisions on behalf of client or no source of client?s order. 

 

143,400.00  

 

59

10/02/2015 

2/2015 

22/2015 

Siam Knight Fund Management Securities Company Limited 

133 

SEC Act 

Between February 10, 2014 and May 26, 2014, Siam Knight Fund Management Securities Company Limited, a fund management company, an investment advisor and a derivatives fund manager, failed to appoint the audit committee members as specified by Section 89/25 of the Securities and Exchange Act B.E. 2535. 

 

108,600.00  

 

60

10/02/2015 

2/2015 

22/2015 

Siam Knight Fund Management Securities Company Limited 

section 105 

SEC Act 

Between February 10, 2014 and November 17, 2014, Siam Knight Fund Management Securities Company Limited, a fund management company, an investment advisor and a derivatives fund manager, prepared financial statements for the year 2011 onward by stating inaccurate information making higher equity rather than in actual value 

 

142,400.00  

This act is also an offfence under section 27 of the Derivative Act B.E. 2546 which is violating several provisions under section 90 of the Penal Code. 

61

10/02/2015 

2/2015 

22/2015 

Siam Knight Fund Management Securities Company Limited 

section 109 

SEC Act 

Siam Knight Fund Management Securities Company Limited, a fund management company, an investment advisor and a derivatives fund manager, failed to report to the SEC Office as specified in the notification of the Capital Market Supervisory Board. At the end of February 2014 to August 2014 consecutively, the company failed to report to the SEC Office that the equity capital funds were less than ten millions baht. 

 

33,600.00  

 

62

10/02/2015 

2/2015 

22/2015 

Siam Knight Fund Management Securities Company Limited 

section 96 

SEC Act 

Between February 10, 2014 and November 17, 2014, Siam Knight Fund Management Securities Company Limited, a fund management company, an investment advisor and a derivatives fund manager, failed to maintain its paid-up registered capital at least one hundred million baht as specified in the notification of the Securities and Exchange Commission since January 1, 2012. 

 

213,600.00  

 

63

10/02/2015 

2/2015 

22/2015 

Siam Knight Fund Management Securities Company Limited 

section 97 

SEC Act 

Siam Knight Fund Management Securities Company Limited, a fund management company, an investment advisor and a derivatives fund manager, failed to maintain the capital adequacy in accordance with the rules, conditions and procedures as specified by the Securities and Exchange Commission by maintaining the capital adequacy less than ten millions baht from an end of February 2014 to an end of August 2014 consecutively. 

 

33,600.00  

 

64

10/02/2015 

2/2015 

22/2015 

Siam Knight Fund Management Securities Company Limited. 

133 

SEC Act 

Between February 10, 2014 and June 12, 2014, Siam Knight Fund Management Securities Company Limited, a fund management company, an investment advisor and a derivatives fund manager, failed to manage the fund in accordance with the rules, conditions and procedures as specified in the notification of the Capital Market Supervisory Board. The fund management company failed to attend and vote on behalf of mutual fund (proxy voting) at the shareholder meetings and to provide proxy voting reports to their clients. 

 

118,800.00  

 

65

10/02/2015 

2/2015 

21/2015 

RHB OSK Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between May 20, 2014 and August 31, 2014, RHB OSK Securities (Thailand) Public Company Limited, as a securities broker, put in place an insufficient system for monitoring and supervising its investment consultants to perform duties as specified in the notification of the Capital Market Supervisory Board.  

 

134,250.00  

 

66

10/02/2015 

2/2015 

21/2015 

RHB OSK Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between October 8, 2013 and August 24, 2014, RHB OSK Securities (Thailand) Public Company Limited, as a securities broker, failed to put in place sufficient operation and internal control systems regarding custody of client's asset as specified in the notification of the Capital Market Supervisory Board. 

 

162,600.00  

 

67

10/02/2015 

2/2015 

20/2015 

Kasikorn Asset Management Company Limited 

125(1) 

SEC Act 

Between February 10, 2014 and September 25, 2014, Kasikorn Asset Management Company Limited, a mutual fund management company, failed to manage the Centara Hotels & Resorts Leasehold Property Fund (the Fund) in accordance with the approved mutual fund project. The mutual fund management company failed to set the conditions on the adjustment of the rental in the Building Sublease Agreement of the Fund in accordance with the approved mutual fund project. 

 

181,800.00  

 

68

10/02/2015 

2/2015 

20/2015 

Kasikorn Asset Management Company Limited 

125(1) 

SEC Act 

On May 16, 2014, Kasikorn Asset Management Company Limited, a mutual fund management company, failed to manage the Centara Hotels & Resorts Leasehold Property Fund (the Fund) in accordance with the approved mutual fund project. The mutual fund management company failed to consider and adjust the rental in the Building Sublease Agreement of the Fund in accordance with the approved mutual fund project. 

 

75,000.00  

 

69

10/02/2015 

2/2015 

19/2015 

SCB Asset Management Company Limited 

117 

SEC Act 

Between February 10, 2014 and April 10, 2015 SCB Asset Management Company Limited (SCBAM), a fund management company, failed to manage a mutual fund in accordance with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by putting in place an insufficient compliance system for monitoring SCB and assigning SCB to review and allocate Unit trust not more than one-third of the total number of units sold. 

 

299,400.00  

 

70

10/02/2015 

2/2015 

19/2015 

SCB Asset Management Company Limited 

117 

SEC Act 

Between February 10, 2014 and March 15, 2015 SCB Asset Management Company Limited (SCBAM), a fund management company, failed to manage a mutual fund in accordance with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by putting in place an insufficient compliance system for trading to broker in order to protect the fund?s best benefit. This situation considered that it promoted affiliated company. 

 

195,600.00  

 

71

10/02/2015 

2/2015 

19/2015 

SCB Asset Management Company Limited 

133 paragraph 2 

SEC Act 

Between 11 February 2014 and 29 December 2014 SCB Asset Management Company Limited (SCBAM), a fund management company, failed to manage a mutual fund in accordance with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by putting in place an insufficient compliance system for assessing customer profile of the provident fund and private fund customer in order to present the suitability to the customer. 

 

159,200.00  

 

72

19/01/2015 

1/2015 

10/2015 

UOB Asset Management (Thailand) Company Limited 

130 

SEC Act 

UOB Asset Management (Thailand) Company Limited, a mutual fund management company, failed to complete liquidation of the UOB Apartment Property Fund I (Lease hold) within the period specified in the notification of the Capital Market Supervisory Board. 

 

118,000.00  

 

73

23/12/2014 

13/2014 

140/2014 

Globlex Securities Company Limited 

113 

SEC Act 

Between April 1, 2014 and September 24, 2014, Globlex Securities Company Limited failed to comply with rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by having insufficient internal control systems for keeping and maintaining clients? assets. 

 

151,200.00  

 

74

23/12/2014 

13/2014 

140/2014 

Globlex Securities Company Limited 

113 

SEC Act 

Between August 18, 2014 and August 26, 2014, Globlex Securities Company Limited failed to comply with rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by putting in place an insufficient security system to prevent an access or amendment of information relating to the undertaking of securities business by an unauthorized person. 

 

50,400.00  

 

75

23/12/2014 

13/2014 

139/2014 

Country Group Securities Public Company Limited. 

113 

SEC Act 

Between December 23, 2013 and August 28, 2014, Country Group Securities Public 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 imprudently and insufficiently setting trading limit of each client. 

 

243,000.00  

 

76

23/12/2014 

13/2014 

138/2014 

SCB Securities Company Limited 

113 

SEC Act 

Between December 23, 2013 and November 4, 2014, SCB Securities 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 having an ineffective and insufficient system concerning Know Your Client/ Client Due Diligent (KYC/CDD) and insufficiently supervising and monitoring an investment consultant to perform duties in accordance with the standards of conduct, knowledge, and expertise as professional. 

 

156,800.00  

 

77

26/11/2014 

12/2014 

113/2014 

AEC Securities Public Company Limited 

113 

SEC Act 

Between October 10, 2013 and September 30, 2014, AEC Securities Public 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 imprudently and insufficiently setting trading limit of each client. 

 

229,800.00  

 

78

28/10/2014 

11/2014 

90/2014 

Kasikorn Securities Public Company Limited 

113 

SEC Act 

Between March 25, 2014 and July 3, 2014; Kasikorn Securities Public Company Limited, as a securities broker, failed to provide a prudent record-keeping system when its investment analyst gave advice on securities trading as specified in the notification of the Capital Market Supervisory Board. 

 

105,600.00  

 

79

10/09/2014 

10/2014 

80/2014 

UOB Asset Management (Thailand) Company Limited 

117 

SEC Act 

On September 16, 2013, UOB Asset Management (Thailand) Company Limited, a mutual fund management company, failed to manage funds with its abilities to protect the best interest of the clients and on the principle of due care. The company failed to explicitly disclose the significant information on UOB Apartment Property Fund I (Lease hold) (UOBAPF) in a timely manner which caused damage to the investors. 

 

107,000.00  

 

80

10/09/2014 

10/2014 

79/2014 

Kasikorn Asset Management 

117 

SEC Act 

Between September 10, 2013 and September 23, 2013, Kasikorn Asset Management Company Limited, management company responsible for managing WHA Premium Factory and Leasehold Property Fund, failed to manage the fund in accordance with the rules, conditions, procedures as specified in the notification of the Capital Market Supervisory Board and SEC office. In purchasing and installing air conditioning in Healthcare project the company fail to exercise Due Diligent and fail to managing funds with its abilities to protect the best interest of the customers.  

 

53,400.00  

 

81

18/06/2014 

7/2014 

61/2014 

Krungsri Securities Public Company Limited 

113 

SEC Act 

Between September 2, 2013 and March 12, 2014, Krungsri Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by insufficiently supervising and monitoring an investment consultant to perform duties in accordance with the standards of conduct, knowledge, and expertise as professional, causing the investment consultant to obtain authorization from client to make securities trading decisions on behalf of client. 

 

160,200.00  

 

82

18/06/2014 

7/2014 

60/2014 

Maybank Kim Eng Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between June 18, 2013 and July 31, 2013, Maybank Kim Eng Securities (Thailand) Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by failing to put in place a sufficient internal control system for keeping and maintaining clients? assets. The company failed to verify or ensure that a client allowed the company to deduct funds for selling securities for a payment of purchasing securities in the client?s trading account, causing damage to the client. 

 

226,200.00  

 

83

18/06/2014 

7/2014 

60/2014 

Maybank Kim Eng Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between June 18, 2013 and July 31, 2013, Maybank Kim Eng Securities (Thailand) Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by failing to sufficiently monitor and supervise an investment consultant to perform duties in accordance with the law and regulations. The company failed to monitor the investment consultant who had a record of breach of the standards of conduct to ensure that the investment consultant perform duties in accordance with the law and rules of the company, resulting in failure to protect a client or prevent damage caused by the investment consultant making unauthorized securities trading decision and causing damage to the client. 

 

119,000.00  

 

84

21/05/2014 

6/2014 

53/2014 

GLOBLEX Securities Company Limited 

113 

SEC Act 

On May 29 ? 31, 2013, June 3 ? 7, 11, and 18, 2013, and December 18, 2013, GLOBLEX Securities Company Limited as a securities broker failed to record the telephone conversations with clients regarding accepting trading orders as specified in the notification of the Capital Market Supervisory Board. 

 

197,812.50  

 

85

23/04/2014 

5/2014 

48/2014 

KTB Securities (Thailand) Company Limited 

113 

SEC Act 

Between April 23, 2013 and February 20, 2014, KTB Securities (Thailand) Company Limited (KTB), a securities broker, failed to comply with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by failing to put in place an effective internal control system. KTB let an investment consultant receiving a copy of paying-in slips as an evidence for a client?s payment of securities and/or collateral deposited, but KTB failed to supervise its Operation Department to request the copy of paying-in slips from the investment consultant and failed to monitor its Operation Department to verify transferors since the transferors were not the client who was the account owner. It caused damage to the company and paved the way for corruption. 

 

227,400.00  

 

86

23/04/2014 

5/2014 

48/2014 

KTB Securities (Thailand) Company Limited 

113 

SEC Act 

Between April 23, 2013 and February 20, 2014, KTB Securities (Thailand) Company Limited (KTB), a securities broker, failed to comply with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by putting in place an ineffective risk management system for prevention of damage caused by risks arising from business undertaking. KTB failed to detect whether its investment consultant sneak devices into the company to connect to the LAN line and use IP address of the company in order to send trading orders through clients? accounts for herself. It posed a risk that the office and equipment of the company might be used to commit inappropriate or illegal conduct. 

 

227,400.00  

 

87

23/04/2014 

5/2014 

47/2014 

Mr. Nakul Chaiyanil 

283 paragraph 1 in conjunction with 117 and 283 paragraph 2 in conjunction with 125(1) in conjunction with Section 90 of the Penal Code 

SEC Act 

Mr. Nakul Chaiyanil, the fund manager of CIMB Principal Asset Management (CIMB) responsible for the operation of 101 Montri Storage Property Fund (MONTRI) and Mercure Samui Property Fund (MERCURE), failed to performed his duty of care in managing such property funds. He failed to protect the best interest of clients and failed to comply with property fund project by not conducting due diligence on property before investment. His failure caused CIMB violating section 117 and 125(1) of SEC Act. Therefore, he was liable to the punishment under section 283 paragraph 1 in conjunction with 117 and 283 paragraph 2 in conjunction with 125(1) and Section 90 of the Penal Code. 

 

225,000.00  

 

88

05/03/2014 

3/2014 

33/2014 

SCB Securities Company Limited 

98(3)? 

SEC Act 

Between March 5, 2013 and March 12, 2013, SCB Securities Company Limited, a securities company, engaged in an act which resulted in reserving or terminating a client?s rights over assets, without or not complying with an order or consent given by the client. The company suspended transactions on the trading account of the client. 

 

49,800.00  

 

89

05/03/2014 

3/2014 

32/2014 

SCB Asset Management Company Limited 

117 

SEC Act 

Between March 5, 2013 and March 12, 2013, SCB Asset Management Company Limited, a mutual fund management company, failed to manage funds with its abilities to protect the best interest of the clients and on the principle of due care. The company suspended transactions on the investment trading account of the client. 

 

49,800.00  

 

90

19/02/2014 

2/2014 

25/2014 

Mr. Prasit Srisuwan 

283 

SEC Act 

Mr. Prasit Srisuwan, the executive chairperson and president of the Country Group Securities Public Company Limited (CGS) responsible for the operation of CGS, failed to perform his duty as an executive chairperson and president of CGS, between October 28, 2012 and May 15, 2013, resulting in CGS?s violation of section 113 by failing to put in place an effective systems for preventing conflicts of interest and insider trading. 

 

75,000.00  

 

91

19/02/2014 

2/2014 

24/2014 

Asset Plus Management Company Limited 

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

Between April 5, 2013 and August 18, 2013, Asset Plus Management Company Limited, a mutual fund management company and private fund management company, failed to comply with rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by putting in place an improper system relating to procedure of fair allocation of initial public offering securities to funds under its management. 

 

84,400.00  

 

92

19/02/2014 

2/2014 

23/2014 

Finansa Asset Management Limited 

117 

SEC Act 

Between March 28, 2013 and September 12, 2013, Finansa Asset Management Limited, a licensed mutual fund management company, failed to comply with the rules, conditions, and procedures as specified in the notification of the Capital Market Supervisory Board by disclosing incorrect collection of management fees in annual report of three foreign investment funds, namely Finansa Global Allocation Fund (FAM GAF), Finansa Global Commodities Fund (FAM GCF) and Finansa Retirement Mutual Fund (FAM RMF). 

 

117,000.00  

 

93

22/01/2014 

1/2014 

16/2014 

TISCO Asset Management Co., Ltd. 

133 

SEC Act 

Between January 22, 2013 and October 17, 2013, TISCO Asset Management Co., Ltd., a fund management company, failed to put in place sufficient operation and internal control systems regarding custody of private fund client's asset, resulting in a fraudulent act against a client?s asset committing by an investment consultant. However, the company voluntarily reported such fraud to the SEC without covering up the incident, which would be considered as an extenuating circumstance. 

 

137,600.00  

 

94

22/01/2014 

1/2014 

15/2014 

RHB OSK Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between January 22, 2013 and August 8, 2013, RHB OSK Securities (Thailand) Public Company Limited, a securities broker, put in place an insufficient security system to prevent an unauthorized person from accessing or amending information relating to the undertaking of securities business. 

 

164,400.00  

 

95

22/01/2014 

1/2014 

15/2014 

RHB OSK Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between January 22, 2013 and August 8, 2013, RHB OSK Securities (Thailand) Public Company Limited, a securities broker, put in place an insufficient system for monitoring and supervising its investment consultants to perform duties in accordance with the rules prescribed by the SEC Office. An investment consultant failed to perform duties in accordance with the standards of conduct by obtaining authorization from a client to make securities trading decisions on behalf of the client. 

 

97,200.00  

 

96

22/01/2014 

1/2014 

15/2014 

RHB OSK Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between January 22, 2013 and August 8, 2013, RHB OSK Securities (Thailand) Public Company Limited, a securities broker, put in place an insufficient system for monitoring and supervising its investment consultants to perform duties in accordance with the rules prescribed by the SEC Office. Investment consultants failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice. 

 

97,200.00  

 

97

22/01/2014 

1/2014 

15/2014 

RHB OSK Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between January 22, 2013 and July 31, 2013, RHB OSK Securities (Thailand) Public Company Limited, a securities broker, put in place an ineffective and insufficient risk management system for preventing risks to clients? assets and business undertaking. The company failed to monitor completeness of sending confirmation notes and statements to clients and failed to prudently manage the documents that the Post Office sending back. Additionally, the company set an improper rule concerning the size and type of suspicious transactions which should be reported to the Anti-Money Laundering Office. 

 

266,000.00  

 

98

22/01/2014 

1/2014 

14/2014 

AIRA Securities Public Company Limited 

113 

SEC Act 

Between June 8, 2013 and July 29, 2013, AIRA Securities Public Company Limited as a securities broker failed to put in place a sufficient security system to prevent an access or amendment of information relating to the undertaking of securities business by an unauthorized person. 

 

76,200.00  

 

99

22/01/2014 

1/2014 

13/2014 

UOB Kay Hian Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between April 1, 2013 and April 29, 2013, UOB Kay Hian Securities (Thailand) Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

217,125.00  

 

100

27/11/2013 

7/2013 

76/2013 

Krung Thai Asset Management Public Company Limited 

117 

SEC Act 

On December 14, 2012, Krung Thai Asset Management Public 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 not sufficiently and properly inspecting and re-examining (conducting due diligence on) the real estate in which the Thai Commercial Investment Freehold and Leasehold Fund would make a further investment. 

 

45,000.00  

 

101

27/11/2013 

7/2013 

75/2013 

Maybank Kim Eng Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between February 21, 2013 and February 28, 2013, Maybank Kim Eng Securities (Thailand) Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

306,000.00  

 

102

27/11/2013 

7/2013 

75/2013 

Maybank Kim Eng Securities (Thailand) Public Company Limited 

98(3)? 

SEC Act 

Between November 27, 2012 and May 31, 2013, Maybank Kim Eng Securities (Thailand) Public Company Limited, a securities broker, failed to submit to clients a report on having zero cash balance account once every six months. 

 

156,600.00  

 

103

28/10/2013 

6/2013 

55/2013 

Country Group Securities Public Company Limited.  

113 

SEC Act 

Between October 28, 2012 and May 14, 2013, Country Group Securities Public Company Limited., a securities broker failed to comply with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by putting in place an ineffective know-your-client procedure for knowing data of the client, the beneficial owner, and the person controlling securities trading of the client.  

 

164,400.00  

 

104

28/10/2013 

6/2013 

55/2013 

Country Group Securities Public Company Limited.  

113 

SEC Act 

Between October 28, 2012 and May 14, 2013, Country Group Securities Public Company Limited., a securities broker, failed to comply with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by putting in place an ineffective risk management system for prevention of damage caused by risks arising from business undertaking. The company failed to strictly monitor clients? trading activities that may be considered improper, to identify or report suspicious transactions, to put in place a control system for preventing non-clients from using property of the company as a way to send trading orders that may be deemed inappropriate, and to properly monitor proprietary trading.  

 

553,125.00  

 

105

28/10/2013 

6/2013 

55/2013 

Country Group Securities Public Company Limited.  

113 

SEC Act 

Between October 28, 2012 and May 15, 2013, Country Group Securities Public Company Limited., a securities broker, failed to comply with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by failing to put in place an effective systems for preventing conflicts of interest and insider trading.  

 

275,000.00  

 

106

28/10/2013 

6/2013 

55/2013 

Country Group Securities Public Company Limited. 

113 

SEC Act 

Between October 28, 2012 and July 31, 2013, Country Group Securities Public Company Limited., a securities broker failed to comply with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by imprudently and insufficiently setting and reviewing trading limit of each client.  

 

352,000.00  

 

107

28/10/2013 

6/2013 

55/2013 

Country Group Securities Public Company Limited. 

113 

SEC Act 

Country Group Securities Public Company Limited., a securities broker, failed to comply with rules, conditions and procedures specified in the Notification of the Capital Market Supervisory Board by failing to maintain a record of clients securities trading orders sending via telephone on 12, 13, 18, 26 and 27 December, 2012 and failing to properly record clients securities trading orders in the trading room on 4, 6, 7 and 17 December, 2012.  

 

328,781.25  

 

108

28/10/2013 

6/2013 

54/2013 

GLOBLEX Securities Company Limited 

113 

SEC Act 

Between February 1, 2012 and July 1, 2013, GLOBLEX Securities 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 imprudently and insufficiently setting and reviewing trading limit of each client. The company set trading limit of each client in contradiction to data and documentary evidence concerning financial status and debt repayment ability of each client, failed to review trading limit of each client, and increased trading limit of each client without supporting data or documentary evidence relating to financial status and debt repayment ability of each client. 

 

402,500.00  

 

109

28/10/2013 

6/2013 

54/2013 

GLOBLEX Securities Company Limited 

113 

SEC Act 

Between February 1, 2012 and July 5, 2013, GLOBLEX Securities 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 ineffective risk management system for prevention of damage caused by risks arising from business undertaking. The company failed to strictly monitor clients? trading activities that may be considered improper, to identify or report suspicious transactions to Anti-Money Laundering Office, to put in place a control system for preventing non-clients from using property of the company as a way to send trading orders that may be deemed inappropriate, and to properly monitor proprietary trading, thereby engaging in trading activities that may be considered inappropriate and impact trading conditions as a whole. 

 

542,187.50  

 

110

28/10/2013 

6/2013 

54/2013 

GLOBLEX Securities Company Limited 

113 

SEC Act 

Between February 1, 2012 and May 6, 2013, GLOBLEX Securities 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 imprudent know-your-client procedure for knowing data of the client, the beneficial owner, and the person controlling securities trading of the client. 

 

199,500.00  

 

111

28/10/2013 

6/2013 

54/2013 

GLOBLEX Securities Company Limited 

98(3)? 

SEC Act 

Between January 7, 2013 and April 3, 2013, GLOBLEX Securities Company Limited engaged in an act which may cause damage to its customers as specified in the notification of the Capital Market Supervisory Board by failing to submit a report on cash deposit of clients who have zero balances in their securities accounts once every six months. 

 

97,200.00  

 

112

13/09/2013 

5/2013 

45/2013 

STANDARD CHARTERED BANK (THAI) Public Company Limited 

127(1) 

SEC Act 

Between September 13, 2012 and February 12, 2013, STANDARD CHARTERED BANK (THAI) Public Company Limited, a supervisor of nine mutual funds under the management of KIATNAKIN Asset Management Company Limited (KIATNAKIN) failed to supervise KIATNAKIN to manage the mutual funds strictly in accordance with the approved mutual fund projects concerning disbursement of the mutual funds. 

 

166,800.00  

 

113

13/09/2013 

5/2013 

44/2013 

CIMB Thai Bank Public Company Limited 

127(1) 

SEC Act 

Between September 13, 2012 and February 12, 2013, CIMB Thai Bank Public Company Limited, a supervisor of two mutual funds under the management of KIATNAKIN Asset Management Company Limited (KIATNAKIN) failed to supervise KIATNAKIN to manage the mutual funds strictly in accordance with the approved mutual fund projects concerning disbursement of the mutual funds. 

 

166,800.00  

 

114

13/09/2013 

5/2013 

43/2013 

KIATNAKIN Asset Management Company Limited 

117 

SEC Act 

Between September 13, 2012 and March 12, 2013, KIATNAKIN Asset Management Company Limited, a fund management company, failed to complies with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by putting in place an ineffective compliance system for monitoring the number of investment unit holders. 

 

102,400.00  

 

115

13/09/2013 

5/2013 

43/2013 

KIATNAKIN Asset Management Company Limited 

117 

SEC Act 

Between September 13, 2012 and March 27, 2013, KIATNAKIN Asset Management Company Limited, a fund management company, failed to complies with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by putting in place an ineffective compliance system for monitoring securities trading of employees. 

 

162,600.00  

 

116

13/09/2013 

5/2013 

43/2013 

KIATNAKIN Asset Management Company Limited 

Section 117 and Section 125(1) 

SEC Act 

Between September 13, 2012 and January 1, 2013, KIATNAKIN Asset Management Company Limited, a fund management company, failed to manage mutual funds in accordance with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by failing to put in place a compliance system for monitoring receiving trading orders of investment units according to the approved mutual fund projects. Additionally, the fund management company failed to manage mutual funds in accordance with the approved mutual fund projects by proceeding trading transactions of investment units after the periods set forth by the approved mutual fund projects. 

 

111,600.00  

 

117

13/09/2013 

5/2013 

43/2013 

KIATNAKIN Asset Management Company Limited 

Section 117 and Section 125(1) 

SEC Act 

Between September 13, 2012 and January 31, 2013, KIATNAKIN Asset Management Company Limited, a fund management company, failed to manage mutual funds in accordance with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by putting in place an insufficient compliance system for monitoring disbursement of the mutual funds. Additionally, the fund management company failed to disburse expenses from the mutual funds in accordance with the approved mutual fund projects. 

 

129,600.00  

 

118

13/09/2013 

5/2013 

43/2013 

KIATNAKIN Asset Management Company Limited 

Section 117 and Section 125(1) 

SEC Act 

Between September 13, 2012 and September 4, 2013, KIATNAKIN Asset Management Company Limited, a fund management company, failed to manage a mutual fund in accordance with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by putting in place an insufficient compliance system for monitoring the sub-lessee to properly collecting income of URBANA PROPERTY FUND (Lease Hold) (URBNPF). Additionally, the fund management company failed to manage a mutual fund in accordance with the approved mutual fund project by improperly collecting income of such fund. 

 

259,200.00  

 

119

13/09/2013 

5/2013 

43/2013 

KIATNAKIN Asset Management Company Limited 

Section 117 and Section 125(1) 

SEC Act 

From September 13, 2012 to the present, KIATNAKIN Asset Management Company Limited, a fund management company, failed to manage a mutual fund in accordance with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by putting in place an ineffective compliance system for monitoring the sub-lessee to properly manage URBANA PROPERTY FUND (Lease Hold) (URBNPF). Additionally, the fund management company failed to manage a mutual fund in accordance with the approved mutual fund project by failing to monitoring the sub-lessee to properly manage such fund according to the fund project. 

 

716,000.00  

 

120

13/09/2013 

5/2013 

42/2013 

KT ZMICO Securities Company Limited 

113 

SEC Act 

Between October 1, 2012 and January 28, 2013, KT ZMICO Securities Company Limited as a securities broker failed to put in place a sufficient security system to prevent an access or amendment of information relating to the undertaking of securities business by an unauthorized person. 

 

58,500.00  

 

121

13/09/2013 

5/2013 

42/2013 

KT ZMICO Securities Company Limited 

113 

SEC Act 

On 12 - 13 and 27 - 29 November 2012 and on 4 and 12 - 13 December 2012, KT ZMICO Securities Company Limited as a securities broker failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

148,500.00  

 

122

13/09/2013 

5/2013 

41/2013 

Asia Plus Public Company Limited 

113 

SEC Act 

Between January 23, 2013 and March 29, 2013 Asia Plus Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by insufficiently supervising an investment consultant to perform duties in accordance with the standards of conduct, knowledge, and expertise as professional, causing the investment consultant to obtain authorization from client to make securities trading decisions on behalf of client. 

 

84,000.00  

 

123

13/09/2013 

5/2013 

41/2013 

Asia Plus Public Company Limited 

98(3)? 

SEC Act 

Between January 31, 2013 and March 1, 2013, Asia Plus Public Company Limited, a securities broker, engaged in an act which may cause damage or constitute an unfair advantage to its customers or other interested persons as specified in the notification of the Capital Market Supervisory Board. The securities broker failed to properly segregate clients? assets under its custody from its assets. 

 

41,600.00  

 

124

20/06/2013 

4/2013 

34/2013 

One Asset Management Limited 

117 

SEC Act 

Between June 20, 2012 and March 13, 2013, One Asset Management Limited, a licensed mutual fund management company, failed to comply with the rules, conditions, and procedures as specified in the notification of the Capital Market Supervisory Board by putting in place a deficient system for preparing and filing documents or evidence of property fund management. 

 

136,800.00  

 

125

20/06/2013 

4/2013 

33/2013 

Solaris Asset Management Company Limited 

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

Between June 20, 2012 and November 1, 2012, Solaris Asset Management Company Limited., a fund management company, failed to comply with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by failing to put in place a sufficient and effective compliance system for risk management before and after investment.  

 

210,000.00  

It is an offfence under section 14 of the Provident Fund Act B.E. 2530 in conjunction with section 133 of the Securities and Exchange Act B.E. 2535and which is an act violating several provisions under section 90 of Penal Code. 

126

20/06/2013 

4/2013 

33/2013 

Solaris Asset Management Company Limited 

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

Between June 20, 2012 and November 21, 2012, Solaris Asset Management Company Limited., a fund management company, failed to comply with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by failing to put in place a sufficient and effective compliance system for monitoring and supervising the operation according to the annual audit plan.  

 

138,000.00  

It is an offfence under section 14 of the Provident Fund Act B.E. 2530 in conjunction with section 133 of the Securities and Exchange Act B.E. 2535and which is an act violating several provisions under section 90 of Penal Code. 

127

20/06/2013 

4/2013 

33/2013 

Solaris Asset Management Company Limited 

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

Between June 20, 2012 and September 20, 2012, Solaris Asset Management Company Limited., a fund management company, failed to comply with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by failing to put in place a sufficient and effective compliance system for supporting back office in calculating and announcing NAV.  

 

67,200.00  

It is an offfence under section 14 of the Provident Fund Act B.E. 2530 in conjunction with section 133 of the Securities and Exchange Act B.E. 2535and which is an act violating several provisions under section 90 of Penal Code. 

128

20/06/2013 

4/2013 

33/2013 

Solaris Asset Management Company Limited 

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

Between June 20, 2012 and September 20, 2012, Solaris Asset Management Company Limited., a fund management company, failed to comply with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by failing to put in place a sufficient and effective compliance system for supporting back office in clearly and appropriately prescribing fund fees and expenses.  

 

67,200.00  

It is an offfence under section 14 of the Provident Fund Act B.E. 2530 in conjunction with section 133 of the Securities and Exchange Act B.E. 2535and which is an act violating several provisions under section 90 of Penal Code. 

129

20/06/2013 

4/2013 

33/2013 

Solaris Asset Management Company Limited 

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

Between June 20, 2012 and September 30, 2012, Solaris Asset Management Company Limited., a fund management company, failed to comply with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by failing to put in place a sufficient and effective compliance system for monitoring operation concerning accepting purchase or redemption order of investment units 

 

106,800.00  

It is an offfence under section 14 of the Provident Fund Act B.E. 2530 in conjunction with section 133 of the Securities and Exchange Act B.E. 2535and which is an act violating several provisions under section 90 of Penal Code. 

130

20/06/2013 

4/2013 

33/2013 

Solaris Asset Management Company Limited 

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

It is an offfence under section 14 of the Provident Fund Act B.E. 2530 in conjunction with section 133 of the Securities and Exchange Act B.E. 2535and which is an act violating several provisions under section 90 of Penal Code. 

 

48,600.00  

It is an offfence under section 14 of the Provident Fund Act B.E. 2530 in conjunction with section 133 of the Securities and Exchange Act B.E. 2535and which is an act violating several provisions under section 90 of Penal Code. 

131

20/06/2013 

4/2013 

33/2013 

Solaris Asset Management Company Limited 

117 

SEC Act 

Between June 20, 2012 and November 21, 2012, Solaris Asset Management Company Limited., a mutual fund management company, failed to put in place a sufficient and effective risk management system for preventing the use of securities business for money laundering as specified in the Notification of the Capital Market Supervisory Board by failing to classify the client?s level of risk associated with money laundering (risk-sensitive basis) and identify the ultimate beneficial owner of the transactions in cases where clients are juristic persons. In addition, the company failed to put in place a system for monitoring suspicious transactions to prevent money laundering.  

 

138,000.00  

 

132

24/04/2013 

3/2013 

21/2013 

Mr. Victor Yuen Tuck Choy 

283 paragraph 1 

SEC Act 

Between October 26, 2009 and April 9, 2010, Mr. Victor Yuen Tuck Choy, the executive director of UOB Kay Hian private securities (Thailand) Public Company Limited (UOB Kay Hian) responsible for the operation of UOB Kay Hian, failed to performed his duty of care as an executive director resulting in UOB Kay Hian?s violation of section 113. UOB Kay Hian failed to put in place an effective risk management system for regulating and monitoring submission of inappropriate trading orders and for supervising performance of duties of employees. 

 

120,000.00  

 

133

24/04/2013 

3/2013 

20/2013 

SCB Asset Management Company Limited 

117,?125(1), and 126(4) in conjunction with Section 90 of the Penal Code 

SEC Act 

During accounting year commencing on July 1, 2011 and ending June 30, 2012, SCB Asset Management Company Limited, a mutual fund management company responsible for managing SCBSFF Fund, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board and to manage the fund in accordance with the approved mutual fund project by investing in or holding deposits, certificates of deposit, bills of exchange, and promissory notes of commercial banks and banks established by specific law in the amount exceeding 45% of net asset value of mutual fund. 

 

30,000.00  

 

134

27/02/2013 

1/2013 

13/2013 

Citibank, N.A. Bangkok branch 

127(1) 

SEC Act 

Between February 27, 2012 and August 5, 2012, Citibank, N.A. Bangkok branch (Citibank) as a supervisor of 101 Montri Storage Property Fund (MONTRI) under the management of CIMB-Principal Asset Management Company Limited (CIMB) failed to supervise CIMB to manage MONTRI fund strictly in accordance with the approved mutual fund project. Citibank allowed the payment of MONTRI fund in accordance with the order and approval of CIMB without verifying additional information and evidence of the fund payment and failed to monitor the conditions of the guarantee agreement for income to comply with MONTRI?s fund project. 

 

224,750.00  

 

135

27/02/2013 

1/2013 

13/2013 

Citibank, N.A. Bangkok branch 

127(1) 

SEC Act 

Between May 17, 2012 and July 25, 2012, Citibank, N.A. Bangkok branch (Citibank) as a supervisor of Mercure Samui Property Fund (MERCURE) under the management of CIMB-Principal Asset Management Company Limited (CIMB) failed to supervise CIMB to manage MERCURE fund strictly in accordance with the approved mutual fund project resulting in failure of CIMB to make the guarantor to comply with the guarantee agreement for income in accordance with the conditions of the mutual fund project. 

 

97,500.00  

 

136

27/02/2013 

1/2013 

13/2013 

Citibank, N.A. Bangkok branch 

128 

SEC Act 

Between February 27, 2012 and August 5, 2012, Citibank, N.A. Bangkok branch (Citibank) as a supervisor of 101 Montri Storage Property Fund (MONTRI) under the management of CIMB-Principal Asset Management Company Limited (CIMB) failed to file a report with the SEC within five days from the date on which Citibank had knowledge of CIMB?s failure to perform its duties in accordance with Section 125. 

 

179,800.00  

 

137

27/02/2013 

1/2013 

13/2013 

Citibank, N.A. Bangkok branch 

128 

SEC Act 

Between May 17, 2012 and July 25, 2012, Citibank, N.A. Bangkok branch (Citibank) as a supervisor of Mercure Samui Property Fund (MERCURE) under the management of CIMB-Principal Asset Management Company Limited (CIMB) failed to file a report with the SEC within five days from the date on which Citibank had knowledge of CIMB?s failure to perform its duties in accordance with Section 125. 

 

80,000.00  

 

138

27/02/2013 

1/2013 

12/2013 

CIMB Principal Asset Management 

117 and 125(1) in conjunction with?Section 90 of the Penal?Code 

SEC Act 

Between February 27, 2012 and October 8, 2012, CIMB-Principal Asset Management Company Limited, a mutual fund management company responsible for managing 101 Montri Storage Property Fund (MONTRI), failed to manage the fund in accordance with the rules, conditions, procedures as specified in the notification of the Capital Market Supervisory Board and the approved mutual fund project by failing to managing funds with its abilities to protect the best interest of the customers, as follows: (1) failure to physically inspect invested real estate resulting in failure to notice that the invested real estate was demolished (2) engaging MONTRI fund to enter into the guarantee agreement without a condition prohibiting a guarantor to borrow and dispose the guarantor?s fixed assets (3) failure to accurately disclose terms of building in the MONTRI fund?s project and prospectus  

 

451,800.00  

 

139

27/02/2013 

1/2013 

12/2013 

CIMB Principal Asset Management 

117 and 125(1) in conjunction with?Section 90 of the Penal?Code 

SEC Act 

Between May 17, 2012 and February 27, 2013, CIMB-Principal Asset Management Company Limited, a mutual fund management company responsible for managing Mercure Samui Property Fund (MERCURE), failed to manage the fund in accordance with the rules, conditions, procedures as specified in the notification of the Capital Market Supervisory Board and the approved mutual fund project by failing to managing funds with its abilities to protect the best interest of the customers. The company failed to monitor the guarantor to comply with the guarantee agreement for income according to the condition of the mutual fund project. 

 

262,200.00  

 

140

27/02/2013 

1/2013 

12/2013 

CIMB Principal Asset Management 

117 

SEC Act 

Between February 27, 2012 and December 25, 2012, CIMB-Principal 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 not putting in place an appropriate back office supporting system and failing to managing funds with its abilities to protect the best interest of the customers, as follows: (1) failure to control and monitor the payment of the property fund (2) failure to physically inspect invested real estate on annual basis and to make a correct and complete list of invested real estate (3) failure to enter into a guarantee agreement for income and to monitor the guarantor to comply with the agreement (4) failure to accurately disclose information in the mutual fund project and prospectus  

 

568,500.00  

 

141

27/02/2013 

1/2013 

12/2013 

CIMB-Principal Asset Management 

117 

SEC Act 

Between February 27, 2012 and July 17, 2012, CIMB-Principal 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 not putting in place an appropriate investment management system which has clear procedures and methods of operation before and after investment in order to enable the investment to be made prudently, carefully and appropriately for the purpose of the best interest of the customers. The company failed to inspect and re-examine real estate before investment. 

 

130,200.00  

 

142

27/02/2013 

1/2013 

11/2013 

Phillip Asset Management Company Limited 

117 

SEC Act 

Between January 23, 2012 and August 8, 2012, Phillip Asset Management Company Limited as a mutual fund management company failed to comply with the rules, conditions, procedures as specified in the notification of the Capital Market Supervisory Board by insuring the company against liabilities arising from business operation or performance of duties of the company, executives, directors, and employees for the amount less than the difference between 120 million baht and shareholders? equity.  

 

148,800.00  

 

143

27/02/2013 

1/2013 

10/2013 

Finansia Syrus Securities Public Company Limited 

113 

SEC Act 

Between February 27, 2012 and December 25, 2012, Finansia Syrus Securities Public Company Limited failed to comply with rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by having an ineffective and insufficient risk management system concerning opening account, conducting Know Your Client/ Client Due Diligent (KYC/CDD), and reviewing clients? trading limit. 

 

623,437.50  

 

144

27/02/2013 

1/2013 

10/2013 

Finansia Syrus Securities Public Company Limited 

113 

SEC Act 

Between February 27, 2012 and December 31, 2012, Finansia Syrus Securities Public Company Limited failed to comply with rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board and the Office of SEC by having ineffective systems for preventing conflicts of interest. 

 

323,000.00  

 

145

27/02/2013 

1/2013 

10/2013 

Finansia Syrus Securities Public Company Limited 

113 

SEC Act 

Between February 27, 2012 and November 21, 2012, Finansia Syrus Securities Public Company Limited failed to comply with rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board and the Office of SEC by having ineffective systems for monitoring and supervising its investment consultants to perform duties in accordance with the rules prescribed by the SEC Office. 

 

344,000.00  

 

146

27/02/2013 

1/2013 

10/2013 

Finansia Syrus Securities Public Company Limited 

113 

SEC Act 

Between February 27, 2012 and November 21, 2012, Finansia Syrus Securities Public Company Limited, failed to comply with rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board and the Office of SEC by having insufficient internal control systems for keeping and maintaining clients? assets. 

 

323,000.00  

 

147

27/02/2013 

1/2013 

10/2013 

Finansia Syrus Securities Public Company Limited 

113 

SEC Act 

Between February 27, 2012 and October 31, 2012, Finansia Syrus Securities Public Company Limited failed to comply with rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by having ineffective and insufficient risk management systems for monitoring report on suspicious transactions under anti-money laundering legislations. 

 

430,000.00  

 

148

27/02/2013 

1/2013 

10/2013 

Finansia Syrus Securities Public Company Limited 

113 

SEC Act 

Between February 27, 2012 and September 16, 2012, Finansia Syrus Securities Public Company Limited failed to comply with rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board and the Office of SEC by having ineffective internal control and risk management systems for monitoring a group of related clients and a group of clients authorizing others to engage in securities transactions on behalf of them. 

 

166,800.00  

 

149

27/02/2013 

1/2013 

10/2013 

Finansia Syrus Securities Public Company Limited 

98(3)? 

SEC Act 

Between July 8, 2011 and September 6, 2012, Finansia Syrus Securities Public Company Limited failed to submit to clients a report on having zero cash balance account once every six months. 

 

160,800.00  

 

150

19/12/2012 

7/2012 

54/2012 

Krung Thai Asset Management Public Company Limited 

98(10) and 117 in conjunction with Section 90 of the Penal Code 

SEC Act 

Krung Thai Asset Management Public Company Limited (KTAM), a company that managed Tesco Lotus Retail Growth Fund (TLGF), failed to comply with rules, conditions, and procedures specified in the notification of SEC Board by not properly advertising estimated return on TLGF. On Public Road Show?s day, the improper advertisement for TLGF distributing to investors and mass media contained estimated return including the investment money repaid to unitholders from TLGF. 

 

75,000.00  

 

151

19/12/2012 

7/2012 

53/2012 

Country Group Securities Public Company Limited 

113 

SEC Act 

Between December 19, 2011 and August 16, 2012 Country Group Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the Notification of the Capital Market Supervisory Board by establishing ineffective measures for internal control and supervision and control of its employees to comply with this Notification and the rules set out by the securities company for compliance with this Notification. In this regard, the company failed to supervise its employees perform their duties in accordance with the rules and work process concerning hearsay prescribed by the SEC office and the company. 

 

190,200.00  

 

152

19/12/2012 

7/2012 

53/2012 

Country Group Securities Public Company Limited 

113 

SEC Act 

Between December 19, 2011 and January 19, 2012, Country Group Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the Notification of the Capital Market Supervisory Board by establishing ineffective measures for internal control and supervision and control of its employees to comply with this Notification and the rules set out by the securities company for compliance with this Notification. In this regard, the company failed to supervise its executives to perform their duties within scope of their authority, duty and responsibility. 

 

64,200.00  

 

153

19/12/2012 

7/2012 

53/2012 

Country Group Securities Public Company Limited 

113 

SEC Act 

Between December 19, 2011 and July 27, 2012 Country Group Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the Notification of the Capital Market Supervisory Board by establishing ineffective measures for internal control and supervision and control of its employees to comply with this Notification and the rules set out by the securities company for compliance with this Notification. In this regard, the company failed to supervise its investment consultants to perform their duties concerning giving advice on securities investment in accordance with the rules prescribed by the SEC office. 

 

178,200.00  

 

154

19/12/2012 

7/2012 

53/2012 

Country Group Securities Public Company Limited 

113 

SEC Act 

Between December 19, 2011 and July 27, 2012 Country Group Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the Notification of the Capital Market Supervisory Board by establishing ineffective measures for internal control and supervision and control of its employees to comply with this Notification and the rules set out by the securities company for compliance with this Notification. In this regard, the company failed to verify whether the person submitting such trading orders or instructing the securities company to transfer securities in the clients account was the rightful account owner. 

 

178,200.00  

 

155

19/12/2012 

7/2012 

53/2012 

Country Group Securities Public Company Limited 

113 

SEC Act 

Between December 19, 2011 and October 18, 2012 Country Group Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the Notification of the Capital Market Supervisory Board by establishing ineffective measures for internal control and supervision and control of its employees to comply with this Notification and the rules set out by the securities company for compliance with this Notification. In this regard, the company failed to monitor suspicious transactions in accordance with the rules prescribed by the SEC office and the company. 

 

228,000.00  

 

156

19/12/2012 

7/2012 

52/2012 

Finansia Syrus Securities Public Company Limited 

113 

SEC Act 

Between December 19, 2011 and October 14, 2012, Finansia Syrus Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the Notification of the Capital Market Supervisory Board by not supervising and examining duty performance of an investment consultant. Therefore, the investment consultant failed to perform her duties with integrity and professional responsibility and prudence. 

 

225,600.00  

 

157

04/12/2012 

6/2012 

50/2012 

OSK Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between December 4, 2011 and May14, 2012, OSK Securities (Thailand) Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by not conducting Know-Your-Client/ Client Due Diligent process (KYC/CDD) on clients on an on-going basis throughout the course of the relationship with clients (on-going KYC/CDD) and not reviewing client?s existing records to accurately re-classify the client?s risk and to properly monitor clients? transactions. 

 

142,800.00  

 

158

04/12/2012 

6/2012 

50/2012 

OSK Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between December 4, 2011 and May14, 2012, OSK Securities (Thailand) Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by not reviewing each client's trading limit at least once a year and not prescribing guidelines for investment consultants on reviewing trading limit of each client in case where the account is re-activated by a large size of transaction after being inactive for some time. 

 

142,800.00  

 

159

04/12/2012 

6/2012 

50/2012 

OSK Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between January 4, 2012 and March 3, 2012, OSK Securities (Thailand) Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

101,700.00  

 

160

04/12/2012 

6/2012 

49/2012 

KTB Securities (Thailand) Company Limited 

113 

SEC Act 

Between December 4, 2011 and March 29, 2012, KTB Securities (Thailand) Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board, by not putting in place an effective risk management system to prevent possible damage from conducting business and not conducting Know-Your-Client/ Client Due Diligent process (KYC/CDD) on an on-going basis throughout the course of the relationship with clients (on-going KYC/CDD). 

 

115,200.00  

 

161

04/12/2012 

6/2012 

49/2012 

KTB Securities (Thailand) Company Limited 

113 

SEC Act 

On February 17, 2012 and February 20, 2012, KTB Securities (Thailand) Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

85,500.00  

 

162

16/10/2012 

5/2012 

47/2012 

Mr. Burim Chombhubol 

283 paragraph 1 

SEC Act 

Mr. Burim Chombhubol, the fund manager of T.U. Dome Residential Complex Property Fund (T.U. Dome) responsible for the operation of ING Funds (Thailand) Company Limited (ING Funds), failed to performed his duty as a fund manager resulting in ING Funds?s violation of section 117. ING Funds was deemed imprudent and careless fund management in contrary to professional codes of conduct. 

 

120,000.00  

 

163

16/10/2012 

5/2012 

47/2012 

Mr. Burim Chombhubol 

283 paragraph 2 

SEC Act 

Mr. Burim Chombhubol, the fund manager of T.U. Dome Residential Complex Property Fund (T.U. Dome) responsible for the operation of ING Funds (Thailand) Company Limited (ING Funds), failed to performed his duty as a fund manager resulting in ING Funds?s violation of section 125(1). ING Funds failed to comply with the T.U. Dome fund scheme. 

 

186,750.00  

 

164

16/10/2012 

5/2012 

46/2012 

Mr. Maris Tarab 

283 paragraph 1 

SEC Act 

Mr. Maris Tarab, the managing director of ING Funds (Thailand) Company Limited (ING Funds) and the fund manager of T.U. Dome Residential Complex Property Fund (T.U. Dome) responsible for the operation of ING Funds, failed to performed his duty as a managing director and a fund manager resulting in ING Funds?s violation of section 117. ING Funds was deemed imprudent and careless fund management in contrary to professional codes of conduct. 

 

124,500.00  

 

165

16/10/2012 

5/2012 

46/2012 

Mr. Maris Tarab 

283 paragraph 1 

SEC Act 

Mr. Maris Tarab, the managing director of ING Funds (Thailand) Company Limited (ING Funds) and the fund manager of T.U. Dome Residential Complex Property Fund (T.U. Dome) responsible for the operation of ING Funds, failed to performed his duty as a managing director and a fund manager resulting in ING Funds?s violation of section 117. ING Funds? deficiencies in operating processes and internal control are deemed a contravention of the securities law due to (1) failure to review employees? actions and (2) failure to include review of property fund management in ING Funds? audit plan between 2007 and 2009. 

 

120,000.00  

 

166

16/10/2012 

5/2012 

46/2012 

Mr. Maris Tarab 

283 paragraph 2 

SEC Act 

Mr. Maris Tarab, the managing director of ING Funds (Thailand) Company Limited (ING Funds) and the fund manager of T.U. Dome Residential Complex Property Fund (T.U. Dome) responsible for the operation of ING Funds, failed to performed his duty as a managing director and a fund manager resulting in ING Funds?s violation of section 125(1). ING Funds failed to comply with the T.U. Dome fund scheme. 

 

190,125.00  

 

167

16/10/2012 

5/2012 

45/2012 

Standard Chartered Bank (Thai) Public Company Limited 

127(1) 

SEC Act 

Between April 10, 2012 and May 4, 2012, Standard Chartered Bank (Thai) Public Company Limited as a supervisor of KTAM World Bond open-end fund under the management of Krung Thai Asset Management Public Company Limited (KTAM) failed to supervise KTAM to manage the mutual fund strictly in accordance with the approved mutual fund project. 

 

60,000.00  

 

168

16/10/2012 

5/2012 

44/2012 

Krung Thai Asset Management Public Company Limited 

117,?125(1), and 126(4) in conjunction with Section 90 of the Penal Code 

SEC Act 

Between April 10, 2012 and May 2, 2012, Krung Thai Asset Management Public Company Limited as a mutual fund management company responsible for managing KTAM World Bond open-end fund failed to manage the mutual fund in accordance with the rules, conditions, procedures as specified in the notification of the Capital Market Supervisory Board, and the approved mutual fund project by investing in and holding derivatives contracts for the purpose of hedging exceeding total value of risks of the fund. 

 

39,200.00  

 

169

16/10/2012 

5/2012 

43/2012 

One Asset Management Limited 

117 and 126(1) in conjunction with Section 90 of Penal Code 

SEC Act 

Between October 16, 2011 and March 26, 2012, One Asset Management Limited, a licensed mutual fund management company, failed to put in place an effective operating system for the prevention of access to the non-public operating information of the company between work units and personnel. 

 

86,400.00  

 

170

16/10/2012 

5/2012 

43/2012 

One Asset Management Limited 

117 

SEC Act 

Between October 16, 2011 and March 26, 2012, One Asset Management Limited, a licensed mutual fund management company, failed to put in place an effective risk management system for investment which has clear procedures and methods of operation before and after investment. 

 

283,000.00  

 

171

16/10/2012 

5/2012 

43/2012 

One Asset Management Limited 

117 

SEC Act 

Between October 16, 2011 and March 26, 2012, One Asset Management Limited, a licensed mutual fund management company, failed to put in place an effective system for monitoring clients? information and suspicious transactions to prevent the use of mutual fund for money laundering and financing terrorism. 

 

118,200.00  

 

172

16/10/2012 

5/2012 

43/2012 

One Asset Management Limited 

117 

SEC Act 

Between October 16, 2011 and March 26, 2012, One Asset Management Limited, a licensed mutual fund management company, failed to supervis and monitoring its staff to comply with the risk management for investment system and measure to prevent access to the non-public operating information of the company between work units and personnel. 

 

283,000.00  

 

173

16/10/2012 

5/2012 

42/2012 

Kiatnakin Securities Company Limited 

113 

SEC Act 

Between March 12, 2012 and March 13, 2012, Kiatnakin Securities Company Limited as a securities broker failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

144,450.00  

 

174

16/10/2012 

5/2012 

42/2012 

Kiatnakin Securities Company Limited 

113 

SEC Act 

Between May 16, 2012 and May 29, 2012, Kiatnakin Securities Company Limited as a securities broker failed to have in place a sufficient security control system to prevent the unauthorized access to the operating information of the company. 

 

53,400.00  

 

175

16/10/2012 

5/2012 

41/2012 

Phillip Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between April 12, 2012 and April 30, 2012, Phillip Securities (Thailand) Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

168,750.00  

 

176

16/10/2012 

5/2012 

40/2012 

Bualuang Securities Public Company Limited 

113 

SEC Act 

On March 1, 2, 5, 6, 12, 22, and 23, 2012, Bualuang Securities Public Company Limited as a securities broker failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

117,000.00  

 

177

20/08/2012 

4/2012 

28/2012 

SCB Securities Company Limited 

113 

SEC Act 

Between November 8, 2011 and March 22, 2012 SCB Securities Co. Ltd. as a securities broker failed to have in place a sufficient security control to prevent the unauthorized access to the operating information of the company. 

 

126,600.00  

 

178

16/03/2012 

3/2012 

23/2012 

Globlex Securities Company Limited 

113 

SEC Act 

On August 11, 2011, Globlex Securities Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

103,950.00  

 

179

16/02/2012 

2/2012 

17/2012 

Finansia Syrus Securities Public Company Limited 

113 

SEC Act 

Between April 5, 2011 and June 14, 2011, Finansia Syrus Securities Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

279,900.00  

 

180

16/02/2012 

2/2012 

17/2012 

Finansia Syrus Securities Public Company Limited 

113 

SEC Act 

Between February 16, 2011 and July 21, 2011, Finansia Syrus Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board, by not conducting Know-Your-Client/ Client Due Diligent procedures on a continuous basis 

 

173,250.00  

 

181

16/02/2012 

2/2012 

17/2012 

Finansia Syrus Securities Public Company Limited 

113 

SEC Act 

Between February 16, 2011 and June 20, 2011, Finansia Syrus Securities Public Company Limited, a securities broker, failed to internally establish proper measures or guidelines to avoid possible conflicts of interests as specified by the SEC. 

 

120,000.00  

 

182

16/02/2012 

2/2012 

17/2012 

Finansia Syrus Securities Public Company Limited 

98(3)? 

SEC Act 

Between April 1, 2011 and June 8, 2011, Finansia Syrus Securities Public Company Limited, a securities broker, engaged in an act which may cause damage or constitute an unfair advantage to its customers or other interested persons as specified in the notification of the Capital Market Supervisory Board. That is, the securities broker failed to properly segregate clients? assets under its custody from its assets. 

 

57,600.00  

 

183

05/01/2012 

1/2012 

2/2012 

Globlex Securities Company Limited 

113 

SEC Act 

Between January 5, 2011 and January 13, 2011,Globlex Securities Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by not vigilantly supervising employees to perform their duties, thereby causing a trader who was not an SEC approved investor contact to send several trading orders in a client?s account contrary to the client?s orders.  

 

105,000.00  

 

184

05/01/2012 

1/2012 

2/2012 

Globlex Securities Company Limited 

113 

SEC Act 

Between January 7, 2011 and January 13, 2011,Globlex Securities Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

74,880.00  

 

185

05/01/2012 

1/2012 

1/2012 

Kiatnakin Securities Company Limited 

113 

SEC Act 

Between January 5, 2011 and October 14, 2011, Kiatnakin Securities Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by not having sufficient methods and procedures for considering a trading limit of each client. That is, the company provided insufficient data or documentary evidence to ascertain a client?s financial status and debt repayment ability for approving the limit of trading in an application for account opening. 

 

143,200.00  

 

186

05/01/2012 

1/2012 

1/2012 

Kiatnakin Securities Company Limited 

113 

SEC Act 

Between May 4, 2011 and May 9, 2011, Kiatnakin Securities Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and givng advice as specified in the notification of the Capital Market Supervisory Board. 

 

173,250.00  

 

187

24/11/2011 

7/2011 

79/2011 

Kasikorn Asset Management Co.,Ltd. 

117 

SEC Act 

Kasikorn Asset Management Co.Ltd., a mutual fund management company, failed to comply with the rules, conditions, and procedures for establishment of risk management systems to prevent the use of securities business for money laundering and financing terrorism as specified in the notifications of the Capital Market Advisory Board by not verifying clients? information when accounts were opened, causing inaccurate classification of the client?s risk levels associated with money laundering (risk-sensitive basis) and not having sufficient systems and procedures for reporting of suspicious transactions under anti-money laundering legislations. 

 

142,400.00  

 

188

24/11/2011 

7/2011 

78/2011 

KGI Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between May 20, 2011 and May 31, 2011, KGI Securities (Thailand) Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting of trading orders and giving of advice as specified in the notification of the Capital Market Supervisory Board. 

 

514,530.00  

 

189

24/11/2011 

7/2011 

78/2011 

KGI Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between November 24, 2010 and March 13, 2011, KGI Securities (Thailand) Public Company Limited, a securities broker, failed to comply with the rules, conditions and procedures specified in the Notification of the Capital Market Supervisory Board by not providing an effective internal control system for keeping and maintaining clients? assets, paving the way for fraudulent acts of an investor contact. 

 

325,000.00  

 

190

24/11/2011 

7/2011 

78/2011 

KGI Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between November 24, 2010 and March 13, 2011, KGI Securities (Thailand) Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by not supervising an investor contact to perform duties in accordance with the standards of conduct with honesty, integrity, using knowledge and expertise as professional and not interfering with the client?s assets. 

 

185,000.00  

 

191

24/11/2011 

7/2011 

77/2011 

Asia Plus Securities Public Company Limited 

113 

SEC Act 

Between June 20, 2011 and July 7, 2011, Asia Plus Securities Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

488,250.00  

 

192

24/11/2011 

7/2011 

76/2011 

Kimeng Securitles (Thailand) Public Company Limited 

113 

SEC Act 

Between July 4, 2011 and July 6, 2011,Kimeng Securitles (Thailand) Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

159,375.00  

 

193

15/08/2011 

6/2011 

65/2011 

Krung Thai Asset Management PCL. 

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

Between June 11, 2010 and February 7, 2011, Krung Thai Asset Management PCL., a mutual fund management company, failed to comply with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by not providing operating system relating to a fair allocation of IPO securities to each fund under its management. 

 

100,400.00  

It is an offfence under section 14 of the Provident Fund Act B.E. 2530 in conjunction with section 133 of the Securities and Exchange Act B.E. 2535 and which is an act violating several provisions under section 90 of Penal Code. 

194

15/08/2011 

6/2011 

64/2011 

GLOBLEX SECURITIES COMPANY LIMITED 

113 

SEC Act 

Between August 30, 2010 and September 17, 2010, Globlex Securities Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

234,900.00  

 

195

15/08/2011 

6/2011 

64/2011 

GLOBLEX SECURITIES COMPANY LIMITED 

114 

SEC Act 

Between February 10, 2010 and July 19, 2011, Globlex Securities Company Limited, a securities dealer, failed to comply with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by providing insufficient risk management and internal control system concerning dealing bills of exchange with client. 

 

248,400.00  

 

196

15/08/2011 

6/2011 

63/2011 

SIAM CITY SECURITIES COMPANY LIMITED 

113 

SEC Act 

Between September 2009 and September 11, 2010, Siam City Securities Company Limited, a securities broker, failed to comply with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by not providing a sufficient system for verifying information concerning management of the client?s assets between its front office and back office, resulting in fraud committed by its front office personnel. 

 

128,750.00  

 

197

15/08/2011 

6/2011 

62/2011 

PHILLIP SECURITIES (THAILAND) PLC. 

113 

SEC Act 

On May 25, 2011, PHILIP Securities (Thailand) Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and givng advice as specified in the notification of the Capital Market Supervisory Board. 

 

159,750.00  

 

198

30/06/2011 

5/2011 

58/2011 

Phatra Securities Public Company Limited 

113 

SEC Act 

On December 30, 2010, Phatra Securities Public Company Limited, a securities broker,failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

75,600.00  

 

199

26/05/2011 

4/2011 

45/2011 

UOB Kay Hian Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between August 2, 2010 and December 7, 2010, UOB Kay Hian Securities (Thailand) Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by not supervising an investor contact to perform duties in accordance with the standards of conduct with knowledge and expertise as professional, causing interfering with a client?s assets. 

 

85,200.00  

 

200

26/05/2011 

4/2011 

44/2011 

Siam City Securities Company Limited 

113 

SEC Act 

Between June 1, 2010 and August 30, 2010, Siam City Securities Company Limited,a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification ofthe Capital Market Supervisory Board. 

 

875,812.50  

 

201

26/05/2011 

4/2011 

43/2011 

KGI Securities (Thailand) Public Company Limited 

113 

SEC Act 

On July 6, 7 and 28, 2010, KGI Securities (Thailand) Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board.  

 

245,700.00  

 

202

24/03/2011 

3/2011 

30/2011 

United Securities Public Company Limited 

113 

SEC Act 

Between 16 August 2010 and 3 September 2010, United Securities Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting of trading orders and givng of advice as specified in the notification of the Capital Market Supervisory Board. 

 

162,000.00  

 

203

24/03/2011 

3/2011 

30/2011 

United Securities Public Company Limited 

114 

SEC Act 

Between March 2, 2010 and July 29, 2010, United Securities Public Company Limited, a securities dealer, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by selling unrated short-term bills of exchange (B/E) issued by a non-listed company which did not submit the filing statement. 

 

55,800.00  

 

204

17/02/2011 

2/2011 

17/2011 

Kasikorn Asset Management Company Limited 

117 

SEC Act 

Kasikorn Asset Management Company Limited, a mutual fund management company, in managing K Foreign Fixed Income 3 Month B fund, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by making investment in deposits and bills of exchange in the amount exceeding the maximum limit. 

 

56,250.00  

 

205

17/02/2011 

2/2011 

16/2011 

CIMB-Principal Asset Management Company Limited 

117 

SEC Act 

Between August 17, 2010 and September 23, 2010, CIMB-Principal 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 distributing investment units to a unitholder exceeding one-third of the total outstanding investment units. 

 

67,800.00  

 

206

17/02/2011 

2/2011 

15/2011 

MFC Asset Management Public Company Limited 

117 

SEC Act 

Between February 17, 2010 and April 29, 2010, MFC Asset Management Public Company Limited, a mutual fund management company, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by not putting in place a compliance system to ensure the accepting of purchase orders of investment units was in accordance with a mutual fund scheme. 

 

88,200.00  

 

207

17/02/2011 

2/2011 

15/2011 

MFC Asset Management Public Company Limited 

117 

SEC Act 

Between February 17, 2010 and June 27, 2010, MFC Asset Management Public Company Limited, a mutual fund management company, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by failing to put in place risk management and operation monitoring system relating to Know-Your-Client/ Client Due Diligent and failing to make clients risk-taking classification to prevent using mutual fund for money laundering. 

 

123,600.00  

 

208

17/02/2011 

2/2011 

15/2011 

MFC Asset Management Public Company Limited 

117 

SEC Act 

Between February 17, 2010 and June 29, 2010, MFC Asset Management Public Company Limited, a mutual fund management company, failed to comply with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by not providing a back office supporting system. Consequently, there were errors in editing voting documents to obtain the unitholders' resolution to amend a mutual fund scheme and in counting vote. 

 

124,800.00  

 

209

17/02/2011 

2/2011 

15/2011 

MFC Asset Management Public Company Limited 

117 

SEC Act 

Between February 17, 2010 and September 2, 2010, MFC Asset Management Public Company Limited, a mutual fund management company failed to comply with the SEC?s rule and regulations by not having in place an adequate investment risk management system. In fact, the person responsible for investment approved his/her investment exceeding the investment risk limit. 

 

163,800.00  

 

210

17/02/2011 

2/2011 

15/2011 

MFC Asset Management Public Company Limited 

125(5) 

SEC Act 

Between February 17, 2010 and May 31, 2010, MFC Asset Management Public Company Limited, a mutual fund management company, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by not putting in place an effective internal control system to prevent and deter misconduct which may caused loss to unit holders. 

 

71,600.00  

 

211

17/02/2011 

2/2011 

14/2011 

AIRA Securities Public Company Limited 

113 

SEC Act 

Between February 17, 2010 and October 19, 2010, AIRA Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by failing to completely prove true identity of beneficial owner and failing to maintain sufficient information to learn of clients' invesment objective, knowledge and experiences in case the client was body of persons. 

 

192,000.00  

 

212

17/02/2011 

2/2011 

14/2011 

AIRA Securities Public Company Limited 

113 

SEC Act 

On August 25, 2010, AIRA Securities Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

497,250.00  

 

213

17/02/2011 

2/2011 

13/2011 

KIM ENG SECURITIES PUBLIC COMPANY LIMITED 

113 

SEC Act 

Between April 10, 2006 and May 10, 2010, Kim Eng Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by not conducting the Know-Your-Customers and Customer Due Diligence (KYC/CDD) process. 

 

128,700.00  

 

214

19/01/2011 

1/2011 

8/2011 

Citibank, N.A. Bangkok branch 

127(1) 

SEC Act 

Between 30 October 2009 to 12 October 2010, Citi Bank N.A. Bangkok Branch, as a supervisor of open-end fund Phillip GOLD under the management of Phillips Asset Management Co. Ltd., failed to supervise Phillips Asset Management Co. Ltd. to calculate offer price by using the telex tranfer offer rate (TT offer) and calculate redemption price by using the telex tranfer bid rate (TT Bid) as specified in the project which is not in accordance with Section 127(1) of the Securities and Exchange Act B.E. 2535 (1992). 

 

156,800.00  

 

215

19/01/2011 

1/2011 

8/2011 

Citibank, N.A. Bangkok branch 

127(1) 

SEC Act 

From 5-12 October 2010, Citibank N.A. Bangkok branch, as a fund supervisor of open-end fund Phillips H Shares and Red Chips under the management of Phillips Asset Management Co. Ltd., failed to supervise Phillips Asset Management Co. Ltd. to calculate offer price by using the telex tranfer offer rate (TT offer) and calculate s redemption price by using the telex tranfer bid rate (TT Bid) as specified in the project which is not in accordance with Section 127(1) of the Securities and Exchange Act B.E. 2535 (1992). 

 

53,200.00  

 

216

19/01/2011 

1/2011 

7/2011 

Phillip Asset Management Company Limited 

125(1) 

SEC Act 

Phillip Asset Management , Ltd. (PAMC), as a company that managed open-end fund Philip H shares and Red Chips ( PHR Fund), failed to manage PHR Fund in accordance with the project approved by the SEC Office. On October 5 and 6, 2010, PAMC used a mean of exchange rates between the telex tranfer offer rate of (TT Offer) and the telex tranfer bid rate (TT Bid) of foreign currency exchange rates to calculate the offer price and redemption price of investment unit instead of calculating the offer price by using the TT Offer and the redemption price by TT Bid as specified in the fund project. Such action failed to comply with Section 125(1) of the Securities and Exchange Act B.E. 2535 (1992 

 

30,800.00  

 

217

19/01/2011 

1/2011 

7/2011 

Phillip Asset Management Company Limited 

125(1) 

SEC Act 

Phillip Asset Management , Ltd. (PAMC), as a company that manages open-end fund Phillip Gold (PGOLD Fund), failed to manage fund in accordance with the project which was granted approval by the SEC Office. On 30 October 2009 to 14 October 2010, Phillip Asset Management used a mean of exchange rates between the telex tranfer offer rate of (TT Offer) and the telex tranfer bid rate (TT Bid) of foreign currency exchange rates to calculate the offer price and redemption price of investment unit instead of calculating the offer price by using the TT Offer and the redemption price by TT Bid as specified in the fund project. Such action failed to comply with Section 125(1) of the Securities and Exchange Act B.E. 2535 (1992). 

 

137,600.00  

 

218

19/01/2011 

1/2011 

6/2011 

KT ZIMICO Securities Company Limited 

113 

SEC Act 

Between April 1, 2010 and July 30, 2010, KT ZIMICO Securities Company Limited, a securities broker, failed to comply with the rules, conditions and procedures specified in the notification of the Capital Market Supervisory Board by not reviewing each client's trading limit at least once a year. 

 

117,600.00  

 

219

19/01/2011 

1/2011 

6/2011 

KT ZIMICO Securities Company Limited 

113 

SEC Act 

Between January 19, 2010 and July 7, 2010, KT ZIMICO Securities Company Limited, a securities broker, failed to comply with the rules, conditions and procedures specified in the notification of the Capital Market Supervisory Board by not conducting Know-Your-Client/ Client Due Diligent on a continuous basis in case client appling for opening securities trading account was a body of persons. 

 

147,000.00  

 

220

19/01/2011 

1/2011 

6/2011 

KT ZIMICO Securities Company Limited 

113 

SEC Act 

On May 27, 2010 and May 31, 2010 and between June 9, 2010 and June 11, 2010, KT ZIMICO Securities Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting of trading orders and giving of advice as specified in the notification of the Capital Market Supervisory Board.  

 

144,900.00  

 

221

19/01/2011 

1/2011 

5/2011 

Phillip Securities (Thailand) Plc. 

113 

SEC Act 

During 22 - 23 July 2010, Phillip Securities (Thailand) Plc., a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting of trading orders and givng of advice as specified in the notification of the Capital Market Supervisory Board. 

 

426,375.00  

 

222

22/12/2010 

10/2010 

61/2010 

UOB Asset Management (Thai) Company Limited 

117 

SEC Act 

From 22 December 2009 to 7 June 2010, UOB Asset Management (UOBAM), a company licensed to undertake mutual fund management business, failed to comply with rules, conditions and procedures as specified by the Capital Market Supervisory Board relating to risk management system to protect securities business from becoming a channel for money laundering and financial support for terrorism where UOB failed to include bid and redemption orders excecuted vie sale supporter to calculate client' outstanding investment value, resulting in incorrect risk level client classification and failed to put in place a system and procedure that included suspicious transactions as specified in the Notification. 

 

145,800.00  

 

223

22/12/2010 

10/2010 

61/2010 

UOB Asset Management (Thai) Company Limited 

117 

SEC Act 

From 26 April to 31 August 2010, UOB Asset Management Co. Ltd (UOBAM), a company licensed to undertake mutual fund management business, failed to comply with rules, conditions and procedures as specified by the Capital Market Supervisory Board relating to mutual fund operating system where UOBAM purchased or redeemed investment units without purchase or redemption order from unitholders or failed to have unitholders sign such order or to examine correctness of unitholder's signature which is not in accordance with Section 117. 

 

121,800.00  

 

224

22/12/2010 

10/2010 

61/2010 

UOB Asset Management (Thailand) Company Limited 

133 paragraph 2 

SEC Act 

From 22 December 2009 to 31 August 2010, UOB Asset Management (UOBAM), a company licensed to undertake private fund business, failed to comply with rules, conditions and procedures as specified by the Capital Market Supervisory Board relating to investment management system where UOBAM failed to prepare document to demonstrate reason not to allocate newly issued debentures to certain private funds which violated the second paragraph of Section 133. 

 

131,200.00  

 

225

22/12/2010 

10/2010 

60/2010 

Ayudhya Fund Management Co., Ltd. 

117 

SEC Act 

Between December 22, 2009 and September 8, 2010, Ayudhya Fund Management Co., Ltd., a mutual fund management company, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by not providing sufficient risk management procedures and not supervising its officers to comply with the notification concerning the Know-Your-Client/ Client Due Diligent process (KYC/CDD) and to conduct KYC/CDD. 

 

201,600.00  

 

226

22/12/2010 

10/2010 

60/2010 

Ayudhya Fund Management Co., Ltd. 

117 

SEC Act 

Between December 22, 2009 and September 8, 2010, Ayudhya Fund Management Co., Ltd., 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 not verifying whether any unit holder held investment units exceeding one-third of the total outstanding investment units. 

 

134,400.00  

 

227

22/12/2010 

10/2010 

59/2010 

Kasikorn Asset Management Company Limited 

117 

SEC Act 

Between July 22, 2010 and July 29, 2010, Kasikorn Asset Management Company Limited, a mutual fund management company managing K Korean Government Bond 1 Year AS Fund, failed to comply with the rules, conditions and procedures specified in the notification of the Capital Market Supervisory Board by failing to dispose of assets of the fund before the dissolution date. 

 

49,800.00  

 

228

22/12/2010 

10/2010 

58/2010 

UBS Securities (Thailand) Ltd. 

113 

SEC Act 

Between December 22, 2009 and May 3, 2010, UBS Securities (Thailand) Ltd., a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by not having an effective systems for internal control to prevent its employees from using inside information for theirs own benefit. 

 

124,800.00  

The penalty was commuted due to company paying compensation to client. In addition SEC Office filed a complaint against employees of company and related persons. 

229

22/12/2010 

10/2010 

57/2010 

Finansia Syrus Securities Public Company Limited 

113 

SEC Act 

Between 22 December 2009 to 11 May 2010, Finansia Syrus Securities Public Company Limited a securities broker, failed to comply with rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by not revising customer's credit limit at least once a year. This is a violation of Section 113 of the Securities and Exchange Act B.E. 2535 (1992). 

 

129,600.00  

 

230

22/12/2010 

10/2010 

57/2010 

Finansia Syrus Securities Public Company Limited 

113 

SEC Act 

Between December 22, 2009 and May 30, 2010, Finansia Syrus Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by not conducting Know-Your-Client/ Client Due Diligent procedures on a continuous basis. That is, the securities broker did not prove the beneficial owner in case client was a body of persons.. 

 

141,000.00  

 

231

22/12/2010 

10/2010 

57/2010 

Finansia Syrus Securities Public Company Limited 

113 

SEC Act 

Between December 22, 2009 and May 6, 2010, Finansia Syrus Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by not conducting Know-Your-Client/ Client Due Diligent procedures on a continuous basis. That is, the securities broker did not prove the true identity and classify risk-bearing of clients within a given time. 

 

126,600.00  

 

232

16/11/2010 

9/2010 

54/2010 

Thanachart Fund Management Company Limited 

133 paragraph 2 

SEC Act 

Between 16 November 2009 to 3 February 2010, Thanachart Asset Management Company Limited, as a licensed privated fund management business operator, failed to supervise and examine personnel to comply with the law and standards related to business operation specified by the SEC Office and Association of Investment Management Companies for the best interest of clients. The company failed to demonstrate evidence that it had sent documents related shareholders meeting to the customesr who did not authorize the company to exercise their rights on shareholders meeting. This is for the purpose of having such customers exercise their right in shereholders meeting.. 

 

62,000.00  

 

233

16/11/2010 

9/2010 

53/2010 

Kasikorn Asset Management Company Limited 

117 

SEC Act 

Between 19 May to 1 June of 2010, Kasikorn Asset Management Company Limited which is responsible for an undertaking of open-end K-OIL fund (K-OIL Fund) failed to comply with rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by selling of investment units exceeded the amount of capital of approved project registered with the SEC Office prior to the registration for changes of the amount of project's capital. 

 

35,600.00  

 

234

16/11/2010 

9/2010 

52/2010 

Sicco Securities Public Company Limited 

113 

SEC Act 

Between November 16, 2009 and September 19, 2010, Sicco Securities Public Company Limited (Sicco), a securities broker, failed to comply with the rules, conditions and procedures specified in the notification of the Capital Market Supervisory Board by not conducting Know-Your-Client/ Client Due Diligent on a continuous basis. It was found that trading account of client had high trading volume compared to high net worth clients, which was not consistent with such client's profile.  

 

229,800.00  

 

235

16/11/2010 

9/2010 

52/2010 

Sicco Securities Public Company Limited 

113 

SEC Act 

Between November 16, 2009 and September 2, 2010, Sicco Securities Public Company Limited (Sicco), a securities broker, failed to comply with the rules, conditions and procedures specified in the notification of the Capital Market Supervisory Board by not having sufficient risk management system regarding to margin loans and conducting business in a manner that giving benefit to some clients. 

 

366,000.00  

 

236

16/11/2010 

9/2010 

52/2010 

Sicco Securities Public Company Limited 

113 

SEC Act 

SICCO Securities Public Company Limited (SICCO), as a securities broker, failed to comply with rules, conditions and procedures specified in the Notification of the Capital Market Supervisory Board by between 8 January 2010 to 17 March 2010, 22-23 February 2010 and 26-27 February 2010 failing to maintain a record of securities trading orders of the customers and between 4-29 January 2010 and 22-23 February 2010 failing to properly record securities trading order from the trading room. 

 

244,125.00  

 

237

16/11/2010 

9/2010 

51/2010 

Country Group Securities Public Company Limited 

113 

SEC Act 

On January 6, 13, 15, 2010 and February 9, 10, 2010, Country Group Securities Public Company Limited (Country Group), a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. On 9-10 February 2010, Country Group failed to properly note and maintain trading orders of clients in trading room. 

 

255,600.00  

 

238

16/11/2010 

9/2010 

50/2010 

UOB Kayhian Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between March 17, 2010 and July 6, 2010, UOB Kayhian Securities (Thailand) Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board, by not conducting Know-Your-Client/ Client Due Diligent procedures within three years from the effective date of the Notification (March 16, 2007). 

 

112,200.00  

 

239

16/11/2010 

9/2010 

50/2010 

UOB Kayhian Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between March 23, 2010 and April 23, 2010, UOB Kayhian Securities (Thailand) Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board, by allowing a trader who was not an SEC approved investor contact to contact, solicit, and provide advice to clients. 

 

47,700.00  

 

240

16/11/2010 

9/2010 

50/2010 

UOB Kayhian Securities (Thailand) Public Company Limited 

113 

SEC Act 

During February 15-16, 2010, March 4-5, 2010 and March 18-19, 2010, UOB Kayhian Securities (Thailand) Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

247,725.00  

 

241

16/09/2010 

8/2010 

45/2010 

KGI Securities (Thailand) Public Company Limited 

113 

SEC Act 

On September 22, 2009, KGI Securities (Thailand) Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting of trading orders and givng of advice as specified in the notification of the Capital Market Supervisory Board. 

 

122,250.00  

 

242

27/08/2010 

7/2010 

44/2010 

Far East Securities Company Limited 

113 

SEC Act 

On August 27, 2009, Far East Securities Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

122,250.00  

 

243

27/08/2010 

7/2010 

43/2010 

Globlex Securities Company Limited 

113 

SEC Act 

Between August 27, 2009 and August 28, 2009, Globlex Securities Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

138,000.00  

 

244

27/08/2010 

7/2010 

42/2010 

Asia Plus Securities Public Company Limited 

113 

SEC Act 

Between 1 December 2009 and 21 March 2010, Asia Plus Securities Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting of trading orders and givng of advice as specified in the notification of the Capital Market Supervisory Board. 

 

145,800.00  

 

245

27/08/2010 

7/2010 

41/2010 

KT ZIMICO Securities Company Limited 

113 

SEC Act 

Between October 6, 2009 and October 6, 2009, KT ZEMICO Securities Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting of trading orders and givng of advice as specified in the notification of the Capital Market Supervisory Board. 

 

676,125.00  

 

246

22/07/2010 

6/2010 

40/2010 

ING Funds (Thailand) Company Limited 

117 

SEC Act 

Between July 22, 2009 and June 29, 2010, ING Funds (Thailand) Company Limited, a mutual fund management company, failed to comply with the rules, condition, and procedures specified in the notification of the Capital Market Supervisory Board by ING Funds? deficiencies in operating processes and internal control were deemed a contravention of the securities law due to (1) failure to review employees? actions and (2) failure to include review of property fund management in ING Funds? audit plan. 

28/2010
 

823,125.00  

 

247

22/07/2010 

6/2010 

39/2010 

SICCO Securities Public Company Limited 

113 

SEC Act 

Between July 22, 2009 and February 21, 2010, SICCO Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures as specified in the Notification of the Capital Market Supervisory Board by not strictly conducting a review on the operation between front and back offices. 

 

290,000.00  

 

248

16/06/2010 

5/2010 

34/2010 

Globlex Securities Company Limited 

113 

SEC Act 

Between 16 June and 30 July 2009, Globlex Securities Company Limited, a securities broker, failed to comply with rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by not reviewing client's credit limit once a year. Such action is considered non-compliance with Section 113 of the Securities and Exchange Act. B.E. 2535 (1992). 

 

72,000.00  

 

249

16/06/2010 

5/2010 

34/2010 

Globlex Securities Company Limited 

113 

SEC Act 

Between 16 and 28 June 2009, Globlex Securities Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the Notification of the Capital Market Supervisory Board by inadequately not classifying clients in accordance with risks under the specified requirements and failed to conduct Know-Your-Client/ Client Due Diligent process in the manner which is stricter than normal, especially to those clients that need special attention. Such action was considered non-compliance with Section 113 of the Securities and Exchange Act. B.E. 2535 (1992). 

 

52,800.00  

 

250

16/06/2010 

5/2010 

34/2010 

Globlex Securities Company Limited 

113 

SEC Act 

Between 2 July and 13 September of 2009, Globlex Securities Company Limited, as a securities broker, failed to comply with rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by not segregating personnel whose responsibility or work may cause conflicts of interest where investment committee (IC) who repsonsible for investment port of the company and director of risk management who was the director of IC could access Real Time information of clients and could send trading order of investment port account. 

 

89,400.00  

 

251

16/06/2010 

5/2010 

34/2010 

Globlex Securities Company Limited 

113 

SEC Act 

Between 2 July and 14 October of 2009, Globlex Securities Company Limited, as a securities broker, failed to comply with rules, conditions and procedures as specified in the Notification of t he Capital Market Supervisory Board by putting in place ineffective risk management system and internal control system which invested in securities for the company's account (port) where the company (a) materially expands investment limit in its port by not having documents that referred factors and background of specified investment limit which was considered by the board (b) Investment Committee (IC) has inappropriate investment conduct by investing in single securities with exceeded value approved by the board and inconsistent with investment policy which requires to invest for medium-term to long-term periods (c) failed to follow up and supervise in order to comply with requirements of the Stock Exchange where it was found that two investor contacts that supervise the investment port of the company have inappropriately traded in the manner of adding/withdrawing and matching of securities which was considered to be non-compliance with Section 113 of the Securities and Exchange Act B.E. 2535 (1992). 

 

292,000.00  

 

252

16/06/2010 

5/2010 

34/2010 

Globlex Securities Company Limited 

113 

SEC Act 

Between June 16, 2009 and August 2, 2009, Globlex Securities Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting of trading orders and giving of advice as specified in the notification of the Capital Market Supervisory Board.  

 

73,800.00  

 

253

16/06/2010 

5/2010 

33/2010 

Aberdeen Asset Management Company Limited 

103(9) 

SEC Act 

Between June 16, 2009 and January 31, 2010, Aberdeen Asset Management Company Limited appointed a person with prohibited characteristic as manager because such person could not work full time for the company. 

 

305,000.00  

 

254

16/06/2010 

5/2010 

32/2010 

Tisco Asset Management Company Limited 

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

Between 16 June 2009 and 10 February 2010, Tisco Asset Management Company, as a licensed mutual fund and private fund management company, failed to comply with the specified rules of the SEC Office by specifying in the guideline on voting in shareholders meeting that the company may not vote in the shareholder meeting if it has considered that agenda did not have material impact on the interests of mutual fund without specifying cases of material impact on mutual fund as specified by SEC' rule. 

 

190,200.00  

 

255

16/06/2010 

5/2010 

32/2010 

Tisco Asset Management Company Limited 

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

On 3 July 2009, 24 September 2009 and 26 October 2009, Tisco Asset Management Company (TISCOASSET), a licensed mutual fund and private fund management company, failed to vote in shareholder meeting of Thai Stanley Eletric Public Company Limited, Bangchak Petroleum Public Company Limited and Union Textile Industry Public Company Limited. 

 

120,900.00  

 

256

11/05/2010 

4/2010 

28/2010 

KGI Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between July 2, 2009 and October 27, 2009, KGI Securities (Thailand) Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

115,800.00  

 

257

11/05/2010 

4/2010 

28/2010 

KGI Securities (Thailand) Public Company Limited 

116 

SEC Act 

Between July 17, 2009 and July 19, 2009, KGI Securities (Thailand) Public Company Limited, a securities broker, failed to comply with the SEC?s rule and regulations by not segregating clients? money for subscription shares from its assets following the date receiving such money from clients. 

 

46,800.00  

 

258

21/04/2010 

3/2010 

22/2010 

Aira Securities Public Company Limited 

109 paragraph 1 

SEC Act 

On 25 May, 1 June, 5 June, 23 September and 6 November of 2009, AIRA Securities Public Company Limited invested client's money in foreign securities in a manner that was non-compliance with the specified rules, conditions and proceduresas specified in the Notification. It had delayed filing of 5 reports of client using and returning amount of money allowed to invest in foreign securities. 

 

105,000.00  

 

259

21/04/2010 

3/2010 

22/2010 

Aira Securities Public Company Limited 

113 

SEC Act 

Between 12 June and 26 October of 2009, AIRA Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures as specified in the Notification, by transferring client's money to foreign securities company prior to receiving securities trading order from client without receiving exemptions for such proceeding from SEC office. 

 

145,200.00  

 

260

21/04/2010 

3/2010 

22/2010 

Aira Securities Public Company Limited 

113 

SEC Act 

Between 2 June and 26 October of 2009, AIRA Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions and procedures as specified in the Notification by not conducting Know-Your-Client/ Client Due Diligent prior to opening securities trading account (margin account) for its client. 

 

100,800.00  

 

261

21/04/2010 

3/2010 

22/2010 

Aira Securities Public Company Limited 

113 

SEC Act 

Between 20 May and 26 November 2009, AIRA Securities Public Company Limited failed to undertake its business related to investing client's money in foreign securities under the specified rules, conditions and procedures in which it failed to conduct KYC/CDD prior to an approval of an opening of trading account for client and applying for credit limit to invest in foreign country from SEC office as well as certifying falsified information to the SEC Office that it has conducted KYC/CDD and suitability of such clients. 

 

266,000.00  

 

262

21/04/2010 

3/2010 

22/2010 

Aira Securities Public Company Limited 

113 

SEC Act 

Between April 25, 2009 and November 26, 2009, Aira Securities Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

175,200.00  

 

263

21/04/2010 

3/2010 

21/2010 

Kasikorn Asset Management Company Limited 

117 

SEC Act 

Between July 29, 2009 and September 8, 2009,Kasikorn Asset Management Company Limited, a mutual fund management company, failed to comply with the SEC?s rules and regulations, by advertising misleading information relating to K Oil fund on the website of the company.. 

 

70,200.00  

 

264

21/04/2010 

3/2010 

20/2010 

Seamico Asset Management Company Limited 

117 and 125(1) in conjunction with?Section 90 of the Penal?Code 

SEC Act 

Between July 29, 2009 and September 8, 2009, Kasikorn Asset Management Company Limited, a mutual fund management company, failed to comply with the SEC?s rules and regulations, by publishing advertisement of its fund management business containing the misleading information. 

 

31,200.00  

 

265

21/04/2010 

3/2010 

19/2010 

MFC Asset Management Public Company Limited 

117 

SEC Act 

On September 16, 2009, MFC 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 distributing investment units to a unitholder exceeding one-third of the total outstanding investment units. 

 

30,400.00  

 

266

09/03/2010 

2/2010 

14/2010 

ING Funds (Thailand) Company Limited 

117 

SEC Act 

Between December 29, 2009 and January 4, 2010, ING Funds (Thailand) 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 distributing investment units to a unitholder exceeding one-third of the total outstanding investment units. 

 

32,800.00  

 

267

09/03/2010 

2/2010 

14/2010 

ING Funds (Thailand) Company Limited 

133 paragraph 2 

SEC Act 

Between 9 march and 30 June of 2009, ING Asset Management Company (Thailand) Limited failed to manage provident fund in accordance with rules, conditions and procedures of the Notification of the Capital Market Supervisory Board by investing in unrated debt securities for the registered provident fund of employee of SCBAM which was not in accordance with the specified investment limit. 

 

182,700.00  

 

268

09/03/2010 

2/2010 

13/2010 

United Asset Management Company Limited 

133 paragraph 2 

SEC Act 

Between 1 March 2009 and 5 January 2010, United Asset Management Company failed to appoint audit committee as specified under Section 89/25 which was considered to be non-compliance with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board. 

 

226,800.00  

 

269

09/03/2010 

2/2010 

12/2010 

Finansa Asset Management Limited 

117 

SEC Act 

Between 9 March and 11 November of 2009, Finansa Asset Management Limited, a licensed mutual fund management company, failed to comply with the rules, conditions and procedures as specified in the Notifications of the Capital Market Supervisory Board by not putting in place a comprehensive risk management system for business continuity, for instance, not specifying important work , not identifying risk that may disrupted operation and not specifying duty and responsibility of the personnel. 

 

193,800.00  

 

270

09/03/2010 

2/2010 

12/2010 

Finansa Asset Management Limited 

117 

SEC Act 

Between 9 March and 11 November of 2009, Finansa Asset Management Limited, a licensed mutual fund management company, failed to comply with the rules, conditions and procedures as specified in the Notifications of the Capital Market Supervisory Board by not arranging its staffs to give advice, to supervise and examine the conduct of business complied with requirements relating to risk management for preventing the use of securities business service as a channel for money laundering. 

 

193,800.00  

 

271

09/03/2010 

2/2010 

12/2010 

Finansa Asset Management Limited 

117 

SEC Act 

Between 9 March and 19 September of 2009, Finansa Asset Management Limited, a licensed mutual fund management company, failed to comply with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board by failing to have risk management system to prevent the use of securities business as a channel for money laundering where the company failed to conduct KYC/CDD in the following matters (a) the company did not require its client to specify person who was the controlling person in the application for opening an account; (b) some of its client's accounts were opened without applications (c) the company failed to conduct enhanced KYC/CDD process on its clients which was classified as level 2 (d) the company failed to examine client's information with the Anti-Money Laundering Office's database. 

 

162,600.00  

 

272

09/03/2010 

2/2010 

11/2010 

MFC Asset Management Public Company Limited 

98(10) and 117 in conjunction with Section 90 of the Penal Code 

SEC Act 

On 11 May 2009, MFC Asset Management Public Company Limited, as a company that manages MFC Strategic Storage Property Fund , forecasted estimated return not in compliance with rules, conditions and procedures of the Notification of the Securities and Exchange Commission and without receiving an approval from the SEC Office. 

 

67,500.00  

 

273

09/03/2010 

2/2010 

10/2010 

BFIT Securities Public Company Limited 

113 

SEC Act 

On April 17, 2009 and May 6, 7, and 12, 2010, BFIT Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by failing to conduct know your client/ client due diligence and failing to report to Office of Anti-Money Laundering when suspicious transaction was found. 

 

480,000.00  

 

274

09/03/2010 

2/2010 

10/2010 

BFIT Securities Public Company Limited 

113 

SEC Act 

On July 9, 2009 and September 16, 2009, BFIT Securities Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

129,600.00  

 

275

09/03/2010 

2/2010 

9/2010 

Phillip Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between May 22, 2009 and July 16, 2009, Phillip Securities (Thailand) Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

78,600.00  

 

276

09/03/2010 

2/2010 

8/2010 

Capital Nomura Securities Public Company Limited 

98(3)? 

SEC Act 

Between April 2, 2009 and August 31, 2009, Capital Nomura Securities Public Company Limited, a securities broker, engaged in an act which may cause damage or constitute an unfair advantage to its customers or other interested person as specified in the notification of the Capital Market Supervisory Board. That is, the securities broker failed to properly segregate clients? assets under its custody from its assets. 

 

90,800.00  

 

277

12/01/2010 

1/2010 

6/2010 

Siam City Asset Management Co., Ltd. 

117 and 125(1) in conjunction with?Section 90 of the Penal?Code 

SEC Act 

In managing 2 fixed income funds, Siam City Asset Management Co. Ltd. invested in bills of exchange and deposit of commmercial bank exceeding 45% of net asset value of each mutual fund. This was considered a violation of rules, conditions and procedures of the Notification of the Capital Market Supervisory Board and was not in accordance with mutual fund project approved by the SEC Office. Such action was considered a violation of Section 117 and Section 125(1) of the Securities and Exchange Act B.E. 2535 in conjunction with Section 90 of the Penal Code. 

 

90,000.00  

 

278

12/01/2010 

1/2010 

3/2010 

Far East Securities Company Limited 

113 

SEC Act 

Between April 16, 2009 and June 17, 2009, Far East Securities Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

163,200.00  

 

279

10/11/2009 

9/2009 

58/2009 

SCB Asset Management Company Limited 

117 

SEC Act 

Between July 28, 2009 and August 17, 2009, SCB 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 distributing investment units to a unitholder exceeding one-third of the total outstanding investment units. 

 

57,600.00  

 

280

10/11/2009 

9/2009 

57/2009 

ACL Securities Company Limited 

113 

SEC Act 

Between December 1, 2008 and March 15, 2009, ACL Securities Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board, by failing to comply with the internal control system for client?s asset management. 

 

108,000.00  

 

281

10/11/2009 

9/2009 

56/2009 

KGI Securities (Thailand) Public Company Limited 

113 

SEC Act 

Between November 27, 2008 and March 22, 2009, KGI Securities (Thailand) Public Company Limited, the securities broker, failed to comply with rules, conditions and procedures as specified by the Capital Market Supervisory Board as KGI did not provided the effective checking information system before managing the client?s asset. As a result, the marketing staff of KGI sent bid order from the client account without authorisation. After that, on March 23, 2009, KGI issued the measurement for checking the transaction of deposit- withdraw client?s money. Furthermore, in order to prevent the misconduct the rules of conduct relating to internal control was also issued to protect the interest of client. 

 

77,600.00  

 

282

10/11/2009 

9/2009 

56/2009 

KGI Securities (Thailand) Public Company Limited 

98(3)? 

SEC Act 

Between November 27, 2008 and May 12, 2009, KGI Securities (Thailand) Public Company Limited, the securities broker, did not pay to client money from sale of securities within the specified period and transferred securities to the other broker company as the client had ordered in proper time. KGI claimed that KGI postponed paying to client and transferring securities because KGI needed to scrutinize whether there was fraud committed in this case as KGI had suspected or not. However, there was insufficient evidence to prove that KGI committed fraud. As a consequence, KGI paid the money from sale of securities with interest to client on December 22, 2008 and transferred client?s securities to the other broker company on May 13, 2009. 

 

96,800.00  

 

283

28/10/2009 

8/2009 

55/2009 

Kim Eng Securities Public Company Limited 

113 

SEC Act 

On June 16, 2009, Kim Eng Securities Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

147,000.00  

 

284

28/10/2009 

8/2009 

54/2009 

Seamico Securities Public Company Limited 

113 

SEC Act 

On February 23, 2009, Seamico Securities Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

146,700.00  

 

285

28/10/2009 

8/2009 

53/2009 

TMB Asset Management Company Limited 

117 

SEC Act 

Between January 28, 2009 and February 5, 2009, TMB Asset Management Company Limited, a mutual fund management company, failed to manage a fund complied with the rules, conditions and procedures specified in the notifications of the Capital Markrt Supervisory Board by allocating investment unit to one client over the limit . 

 

50,400.00  

 

286

11/08/2009 

7/2009 

48/2009 

United Securities Public Company Limited 

113 

SEC Act 

Between August 11, 2008 and May 21, 2009, United Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions and procedures as specified in the Notification of the Capital Market Supervisory Board. The securities broker failed to have an efficient internal control and risk management system as follows: (a) failed to supervise its staff to comply with rule and guideline relating to opening of securities accounts, approving and changing credit limit of cleint's account (b) failed to putting in place a measure to manage risk associated to margin loans and (c) failed to properly conduct business and manage risk associated with undertaking business as well as conduct business in a manner that gave benefit to some clients, causing loss to company and harm toto reputation and integrity of company. 

 

1,062,000.00  

 

287

11/08/2009 

7/2009 

48/2009 

United Securities Public Company Limited 

113 

SEC Act 

Between January 19, 2009 and January 22, 2009, United Securities Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting of trading orders and giving of advice as specified in the notification of the Capital Market Supervisory Board.  

 

93,000.00  

 

288

11/08/2009 

7/2009 

47/2009 

MFC Asset Management Public Company Limited 

126(1) 

SEC Act 

Between February 10 and 16, 2009, MFC Asset Management Public Company Limited, a mutual fund management company, failed to comply with an effective operating system approved by Office of SEC relating to conflict of interest in managing ASEAN Invesment Trust which was proprietary trading. 

 

68,400.00  

 

289

11/08/2009 

7/2009 

46/2009 

Bualuang Securities Public Company Limited 

113 

SEC Act 

During February 26-27, 2009, Bualuang Securities Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

72,000.00  

 

290

09/06/2009 

5/2009 

35/2009 

Ayudhya Fund Management Company Limited 

125(1) 

SEC Act 

On August 23, 2008, Ayudhya Fund Management Company Limited, a mutual fund management company, failed to manage a non-retail fund in accordance with the approved mutual fund project from the SEC Office by selling invesment unit to retial investor. 

 

71,500.00  

 

291

12/05/2009 

4/2009 

34/2009 

Bualuang Securities Public Company Limited 

116 

SEC Act 

Between May 14, 2008 and May 16, 2008, Bualuang Securities Public Company Limited, a securities broker, failed to have subscriber signed on subscription form and ID card as specified in prospectus. Such failure involved 22 clients. 

 

63,900.00  

 

292

12/05/2009 

4/2009 

33/2009 

Siam City Securities Company Limited 

113 

SEC Act 

Between May 12, 2008 and March 2, 2009, Siam City Securities Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board, by failing to comply with the internal control system for client?s asset management. 

 

222,000.00  

 

293

12/05/2009 

4/2009 

33/2009 

Siam City Securities Company Limited 

113 

SEC Act 

On February 16, 2009 and February 25, 2009, Siam City Securities Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

117,000.00  

 

294

12/05/2009 

4/2009 

33/2009 

Siam City Securities Company Limited 

116 

SEC Act 

Between May 12, 2008 and May 13, 2008, Siam City Securities Company Limited, a securities broker, failed to have subscriber signed on subscription form and ID card as specified in prospectus. Such failure involved 83 clients. 

 

118,800.00  

 

295

12/05/2009 

4/2009 

32/2009 

Globlex Securities Company Limited 

113 

SEC Act 

Between May 12, 2008 and October 19, 2008, Globlex Securities Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board, by not supervising investor contacts' conduct relating to soliciting and providing investment advice to clients and conducting Know-Your-Client procedures on a continuous as well as not monitoring the conduct of trader. 

 

177,000.00  

 

296

10/03/2009 

3/2009 

28/2009 

Siam City Bank Public Company Limited 

127(1) and 128 paragraph 1 in conjunction with 125(1) 

SEC Act 

Failure of a mutual fund supervisor to file a report with the SEC within the specified period, when ING Funds (Thailand) Company Limited, a mutual fund manager, failed to perform its duties specified under Section 125. 

 

421,650.00  

 

297

10/03/2009 

3/2009 

27/2009 

Mr. Maris Tarab 

283 paragraph 1 in conjunction with 117 and 283 paragraph 2 in conjunction with 125(1) in conjunction with Section 90 of the Penal Code 

SEC Act 

Between March 26, 2008 and December 25, 2008, the manager of T.U. Dome Residential Complex Property Fund (TU-PF) under ING Funds (Thailand) Company Limited management failed to manage the fund strictly in accordance with the approved mutual fund project and the commitment made with the unitholders under Section 125. 

 

119,250.00  

 

298

10/03/2009 

3/2009 

27/2009 

Mr. Maris Tarab 

283 paragraph 1 in conjunction with 117 and 283 paragraph 2 in conjunction with 125(1) in conjunction with Section 90 of the Penal Code 

SEC Act 

Between October 19, 2006 and March 27, 2007, the manager of T.U. Dome Residential Complex Property Fund (TU-PF) under ING Funds (Thailand) Company Limited management, failed to manage the fund strictly in accordance with the approved mutual fund project and the commitment made with the unitholders under Section 125. 

 

112,500.00  

 

299

10/03/2009 

3/2009 

26/2009 

ING Funds (Thailand) Company Limited 

117 and 125(1) in conjunction with?Section 90 of the Penal?Code 

SEC Act 

Between 19 October 2006 to 27 March 2008, ING Funds (Thailand) Company Limited (ING Funds), as a company that manage TU Dome Residential complex Leasehold Property Fund (TU-PF), failed to comply with rules, conditions and procedures of the Notification of the Securities and Exchange Commission by failing to (1) exercise expertise and protect the best interest of unitholders and (2) mange the TU-PF complied to fund project. ING Funds arranged TU-PF to lease a land for construction from leasor who was not the sole ownership. Such lease agreement was contrary to fund project which required TU-PF to lease land from leasor who had the sole ownership and created risk that any transactions created encumbrance on the land would be invalidated by co-ownership, causing loss to TU-PF and unitholders. However, on 28 March 2008, the problem was solved by having leasor becomes the sole ownership of the land. 

 

162,750.00  

 

300

10/03/2009 

3/2009 

26/2009 

ING Funds (Thailand) Company Limited 

117 and 125(1) in conjunction with?Section 90 of the Penal?Code 

SEC Act 

Between 26 March 2008 to 25 December 2008, ING Funds (Thailand) Company Limited (ING Funds), as a company that managed TU Dome Residential Complex Leasehold Property Fund (TU-PF), failed to comply with rules, conditions and procedures of the Notification of the Securities and Exchange Commission by failing to (1) exercise expertise and protect the best interest of unitholders and (2) mange the TU-PF complied with fund project. The TU-PF fund has specified investment conditions of the project that TU-PF will enter into lease agreement on the property where subcontractor is responsible for the costs of construction and when the construction is completed, TU-PF will enter into long-term agreement and pay lease fee and compensation for leasing the property in the amount of Baht 841.5 billion on the registration date of lease agreement, but ING Funds agreed to change an agreement and undertake to have TU-PF pay asset leasing rights to counterparty in advance in the form of series of installment with a total amount of Baht 800 in which the construction was incomplete according to agreement where such undertaking is materially different from the project which has been announce to the investors. In this regard, TU-PF is subject to risks of delivering the work by subcontractor and if the subcontractor is unable to complete the work, will the counterparty be able to make payment that they receive in advance to TU-PF or not? However, such construction project is able to proceed and ING Funds has enabled TU-PF to register such construction lease rights in accordance with long-term agreement of 30 years.  

 

1,763,125.00  

 

301

10/03/2009 

3/2009 

25/2009 

UOB Asset Management (Thailand) Company Limited 

117 and 123 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

Between October 2004 and December 29, 2008 UOB Asset Management (Thailand) Company Limited (UOB), a mutual fund management company, failed to manage the mutual fund in accordance with the approved mutual fund project by disclosing information about switching units of UOB Long Term Equity Fund not in accordance with approved prospectus which misled unitholders. 

 

278,250.00  

 

302

10/02/2009 

2/2009 

16/2009 

Kasikorn Securities Public Company Limited 

92 

SEC Act 

Between February 10, 2008 and November 30, 2008, Kasikorn Securities Public Company Limited , a securities company, failed to comply with the rules, conditions and procedures of requests for permission and permission to establish branch offices. That is, the securities company did not appointed a branch manager of Seirpa branch office within a month since the position of branch manager was vacant or without obtaining permission to delay an appointment of branch mannger from the SEC Office. 

 

148,000.00  

 

303

10/02/2009 

2/2009 

15/2009 

KTB Securities Company Limited 

113 

SEC Act 

Between August 15, 2008 and August 29, 2008, KTB Securities Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting of trading orders and giving of advice as specified in the notification of the Capital Market Supervisory Board. The investor contact did not record trading of two securities which was on turnover list.  

 

72,600.00  

 

304

10/02/2009 

2/2009 

14/2009 

Phatra Securities Public Company Limited 

116 

SEC Act 

Between April 17, 2008 and April 20, 2008, Phatra Securities Public Company Limited, a securities underwriter, underwrote securities of ESSO (Thailand) Public Company Limited not in accordance with rules, conditions and procedures specified by Securities and Exchange Commission by receiving money for subscription from 7 clients prior to the date specified in prospectus. 

 

47,400.00  

 

305

10/02/2009 

2/2009 

14/2009 

Phatra Securities Public Company Limited 

98(3)? 

SEC Act 

Between April 2, 2008 and June 26, 2008, Phatra Securities Public Company Limited, a securities broker, was engaged in any acts which may caused damage to or took an unfair advantage from its clients or related persons as specified in the notification of the Securities and Exchange Commission by failing to properly segregate nine clients? s assets from the company? s assets. 

 

96,600.00  

 

306

13/01/2009 

1/2009 

4/2009 

Kasikorn Asset Management Co., Ltd. 

117,?125(1), and 126(4) in conjunction with Section 90 of the Penal Code 

SEC Act 

Between January 13, 2008 and October 23, 2008, in managing the Ruang Khao Income 8 Fund, the mutual fund management company failed to comply with the SEC?s rule and the approved scheme by making investment beyond the specified limit. 

 

216,000.00  

 

307

24/11/2008 

7/2008 

38/2008 

IV Global Securities Public Company Limited 

113 paragraph 1 

SEC Act 

Between November 24, 2007 and May 8, 2008, IV Global Securities Public Company Limited, a securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the SEC by not providing a sufficient system for verifying information concerning management of the client?s assets between its front office and back office, resulting fraud committed by its front office personnel. 

 

181,500.00  

 

308

24/11/2008 

7/2008 

37/2008 

Kasikorn Securities Public Company Limited 

116 

SEC Act 

Kasikorn Securities Public Company Limited (Kasikorn Securities), as an underwriter of securities ofThai Tap Water Supply Public Company Limited (TTW), failed to comply with rules, conditions and procedures of the Securities and Exchange Commission by disclosing the information not contained in the registration statement or draft prospectus during the period of fifteen days prior to the offer for sale of securities . Kasikorn securities as a lead underwriter of TTW which specified subscription period between 12-16 May 2008, but on 7 May 2008, at the meeting between executive of TTW with interested investors ("Roadshow Presentation"), executives of Kasikorn Securities had answered show host relating to forecast profit in 2008 and 2009 of TTW which may impact to the investment decision where such information was not contained in the registration statement or draft prospectus. 

 

45,000.00  

 

309

24/11/2008 

7/2008 

36/2008 

MFC Asset Management Public Company Limited 

98(10) and 117 in conjunction with Section 90 of the Penal Code 

SEC Act 

In managing the Multi-National Residence Fund, which was non-specified property fund, the MFC Asset Management Public Company Limited, a mutual fund management, failed to comply with the rules, conditions and procedures specified in the notifications of the Securities and Exchange Commission as followed (1) On April 10, 2008, the mutual fund management disclosed details of real estate prior the fund was approved from SEC. (2) On April 22, 2008, the mutual fund management has advertised information about real estate and return forecast which was prohibited for non-specified property fund. 

 

45,900.00  

 

310

14/10/2008 

6/2008 

34/2008 

Kiatnakin Securities Company Limited 

113 paragraph 1 

SEC Act 

Between November 13, 2007 and May 11, 2008, Kiatnakin Securities Company Limited , a securities broker, failed to properly record and maintain all telephone conversations with clients regarding giving advice as specified in the notification of the Capital Market Supervisory Board. 

 

153,600.00  

 

311

14/10/2008 

6/2008 

34/2008 

Kiatnakin Securities Company Limited 

113 paragraph 1 

SEC Act 

Kiatnakin Securities Company Limited (Kiatnakin Securities), as a securities broker in the Stock Exchange of Thailand, failed to comply with rules, conditions and procedures of the Board of the Stock Exchange by failing to regularly conduct a review on debt payment capacity and securities trading credit limit of each customer. On 31 March 2008, 13,092 customer's accounts have not been conducted a review and of this amount are 5,119 accounts that are active (Active Account). In this regard, Kiatnakin Securities has complete a review on debt payment and securities trading credit limited of such customers on 30 April 2008. 

 

63,000.00  

 

312

13/08/2008 

5/2008 

28/2008 

BFIT Securities Public Company Limited 

113 paragraph 1 

SEC Act 

On January 23 - 31, 2008 BFIT Securities Public Company Limited, a securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the SEC. 

 

99,600.00  

 

313

10/06/2008 

4/2008 

25/2008 

Merchant Partners Securities Public Company Limited 

113 paragraph 1 

SEC Act 

Between January 2, 2008 and February 11, 2008, Merchant Partners Securities Public Company Limited, the securities broker, failed to properly record and maintain all telephone conversations with clients regarding accepting trading orders and giving advice as specified in the notification of the SEC. 

 

69,600.00  

 

314

10/06/2008 

4/2008 

25/2008 

Merchant Partners Securities Public Company Limited 

113 paragraph 1 

SEC Act 

On September 7, 2007 and September 10, 2007, Merchant Partners Securities Public Company Limited, the securities broker, failed to comply with the rules, conditions, and procedures specified in the notification of the SEC by not identifying the client?s true identity (client identification) including the identity of the ultimate beneficial owner and failing to conduct know-your-client/ customer due diligence process (KYC/CDD) when a client?s transaction has been reported as a suspicious transaction. 

 

600,000.00  

 

315

10/06/2008 

4/2008 

25/2008 

Merchant Partners Securities Public Company Limited 

98(3)? 

SEC Act 

Between June 10, 2007 and February 26, 2007, Merchant Partners Securities Public Company Limited, the securities broker, conducted business in the manner that caused loss to and took advantage of clients by failing to put in place an effective internal control regarding to custody of client's asse, resulting one staff responsible for making securities account and safekeeping securities at the same time. 

 

202,200.00  

 

316

10/06/2008 

4/2008 

24/2008 

AIRA Securities Public Company Limited 

97 and 109 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

On October 30, 2007 and January 14, 2008, AIRA securities public company limited, the securities broker, improperly computed the amount of net capital in accordance with rules, conditions and procedures as specified by Securities and Exchange Commission and prepared an net capital report in relation to investment portfolios. 

 

45,900.00  

 

317

10/06/2008 

4/2008 

22/2008 

Phillip Securities (Thailand) Public Company Limited 

113 paragraph 1 

SEC Act 

Failure of a securities broker between June 10, 2007 and November 22, 2007 to establish a clear separation of duties between front and back offices and to check the credibility of information as to client' asset, resulting in fraud by staff of front office. 

 

241,000.00  

 

318

10/06/2008 

4/2008 

21/2008 

One Asset Management Limited 

117 

SEC Act 

Between January 2, 2008 and February 18, 2008, One Asset Management 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 distributing investment units to a unit holder exceeding one-third of the total outstanding investment units. 

 

73,800.00  

 

319

08/04/2008 

3/2008 

20/2008 

UOB Asset Management (Thailand) Company Limited 

136 

SEC Act 

Between 1 May to 31 July of 2007, UOB Asset Management (Thailand) Limited (UOBAM), as a licensed securities business in the category of private fund management, failed to deposit asset of provident fund with approved custodian within the next date that assets were received. 31 transaction of collected money that deposited in the provident fund was not deposited within the next business day. 

 

147,600.00  

 

320

08/04/2008 

3/2008 

19/2008 

KTB Securities Co, Ltd. 

92 

SEC Act 

Between August 1, 2007 and February 29, 2008 KTB Securities Co Ltd., a securities company, failed to comply with the rules, conditions, and procedures of requests for permission and permission to establish branch office. That is, the securities company did not appointed a branch manager of Pakchong branch office within a month since the position of the branch manager was vacant. 

 

115,200.00  

 

321

08/04/2008 

3/2008 

16/2008 

Kasikorn Asset Management Company Limited 

125(1) 

SEC Act 

On 9 August 2007, Kasikorn Asset Management Company Limited, as a company that manage K 20 Selected LTF, failed to comply with the approved fund project of such K20SLTF which stated that at any point in time the fund will invest in securities of 20 companies, but on such date Kasikorn Asset has invested in 21 securities which exceeded the predetermined amount in the fund project. 

 

30,400.00  

 

322

08/04/2008 

3/2008 

15/2008 

Kim Eng Securities (Thailand) Public Company Limited 

113 paragraph 1 

SEC Act 

Between May 8, 2007and August 10, 2007 a securities broker allowed unregistered sales representatives to solicit and give investment advice to clients. 

 

109,800.00  

 

323

12/02/2008 

2/2008 

12/2008 

BBL Asset Management Co., Ltd. 

117 

SEC Act 

Between 15 February 2007 and 3 September 2007, BBL Asset Management Co., Ltd. failed to have in place an operating system to control and ensure that the amounts of expenses charged to any mutual funds under its management are necessary and appropriate. 

 

110,400.00  

 

324

12/02/2008 

2/2008 

12/2008 

BBL Asset Management Co., Ltd. 

117 

SEC Act 

It was found that BBL Asset Management Co., Ltd. did not fully comply with its written guideline on selection of brokerage house. The company?s record failed to show that its consideration during the selection process was based upon all criteria described in the guideline. There was also a situation where the company used services of one brokerage house to the level materially more than the predetermined one while the relevant facts did not clearly support so doing. 

 

92,000.00  

 

325

12/02/2008 

2/2008 

11/2008 

ING Funds (Thailand) Co., Ltd. 

125(1) 

SEC Act 

In managing the ING Thai Balanced Fund whose investment policy is to invest in equity securities at any time not less than 35% but not more than 65% of its net asset value (NAV), ING Funds (Thailand) Co., Ltd. did not follow the investment policy declared in the mutual fund project. It was found that during 31 August 2007 and 3 September 2007 ING Funds (Thailand) Co., Ltd. caused the Fund to increase its exposure in equity securities from 58.98% to 73.85% which was beyond the acceptable limit.  

 

31,600.00  

 

326

12/02/2008 

2/2008 

10/2008 

Ayudhya Fund Management Co., Ltd. 

117 and 125(1) in conjunction with?Section 90 of the Penal?Code 

SEC Act 

Between 24 August 2007 and 31 August 2007, Ayudhya Fund Management Co., Ltd. failed to comply with terms and conditions set forth in the mutual fund project as well as the SEC rule which set forth the date on which the payment will be made once the client?s order for redemption of mutual fund unit is consummated. 

 

49,800.00  

 

327

12/02/2008 

2/2008 

9/2008 

Thanachart FundManagement Co., Ltd. 

117 and 125(1) in conjunction with?Section 90 of the Penal?Code 

SEC Act 

Between 12 August 2006 and 22 July 2007, Thanachart Fund Management Co., Ltd allowed 7 staffs to manage 2 property and loan funds while their status as the SEC?s approved property fund manager were expired. The new approvals were later obtained on 23 July 2007. 

 

159,400.00  

 

328

12/02/2008 

2/2008 

8/2008 

Syrus Securities PublicCo., Ltd. 

113 paragraph 1 

SEC Act 

Syrus Securities Public Co., Ltd. failed to maintain an effective system to control and monitor conduct of its staffs in rendering the brokerage services to clients with a view to ensure that its staffs properly discharged their duty in compliance with the code of conduct and professional standard, and refrained from involvement in any unfair securities trading practice. It was found that 3 marketing officers while acting under the employment of the company aided and abetted others in manipulating the market of 4 securities listed on the exchange in contravening of Section 243 of the SEA. The evidence showed that the company was unable to detect and prevent the illegal schemes that carried through the trading facilities of the company. 

 

580,000.00  

 

329

12/02/2008 

2/2008 

7/2008 

Adkinson SecuritiesPublic Co., Ltd. 

113 paragraph 1 

SEC Act 

Adkinson Securities Public Co., Ltd. failed to review on the payment ability and credit line of each client on a regular basis or at least annually as prescribed by its own guideline. 

 

119,400.00  

 

330

12/02/2008 

2/2008 

7/2008 

Adkinson SecuritiesPublic Co., Ltd. 

98(3)? 

SEC Act 

In discharging its duty required under the SEC regulation concerning the segregation of clients? assets, the practice that Adkinson Securities Public Co., Ltd. used in connection with the money deposited in the bank account by the not-yet-identified clients was not in accordance with the SEC?s requirement. 

 

62,800.00  

 

331

08/01/2008 

1/2008 

3/2008 

Finansa Asset Management Co., Ltd.  

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

Finansa Management Co., Ltd. (?FAM?) did not adequately comply with Notification of SEC relating to proxy voting. The inadequate compliances were as follow: - FAM did not disclose that in attending the shareholder?s meeting held in 2005 and 2006, on what matters that FAM voted against the company?s proposal; - FAM did not inform its clients where should the proxy voting report can be found; - FAM did not furnish in the annual report presented to its private fund clients about the votes it casted on behalf of such clients; - FAM provided no evidence to show that it had furnished the matters on which the rights to vote should be exercised to the Investment Committee for consideration. Nor that the report of the voting thereof was reviewed by the Investment Committee to ensure that the acts taken were accorded with its stated policy; and - FAM was unable to demonstrate that the company did verify the completeness and accuracy of the information on its proxy voting actions prior to disclosing such information to public. 

 

88,800.00  

 

332

08/01/2008 

1/2008 

3/2008 

Finansa Asset Management Co., Ltd.  

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

In circumstances that there was a potential conflict of interest, Finansa Management Co., Ltd.(?FAM?) failed to demonstrate that the investment decisions it made therein were the best interest of its clients. One instance involved the Equity Growth provident fund where FAM decided to switch the whole investment of such provident fund from investing in the mutual fund managed by other management company to its own managed mutual fund. In another situation, FAM entered into a deal for 1 private fund client and 18 provident fund clients by buying debentures from its previous provident fund client which underwent liquidation process. In the final case, FAM followed the instruction of a provident fund client which directing it to invest all the new contributed money in the debt securities issued by the employer of such provident fund. FAM could not demonstrate that prior to that engagement it had carefully reviewed such investment with a view to safeguard the best interest of its client.  

 

379,200.00  

 

333

08/01/2008 

1/2008 

3/2008 

Finansa Asset Management Co., Ltd.  

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

Finansa Management Co., Ltd. (?FAM?) failed to follow the procedures which designed to ensure that information maintained in the profile of customers was up-to-date. In addition, FAM was unable to substantiate that the investment policy and recommendations it presented to clients were suitable thereto, considering the profile of each client involved. 

 

149,600.00  

 

334

08/01/2008 

1/2008 

3/2008 

Finansa Asset Management Co., Ltd.  

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

Finansa Management Co., Ltd. has in place an internal staff dealing rule which, among other things, set forth a procedure mandating every staff to obtain an approval from an authorized person prior to effectuating any personal investment. It was found that between 8 November 2005 and 30 January 2007, a number of staff personal investments were not properly authorized or did not executed through the designated venue. In addition, FAM did not prescribe the proceedings and sanctions it will use to discipline any staff who violates the staff dealing rule. 

 

100,200.00  

 

335

08/01/2008 

1/2008 

3/2008 

Finansa Asset Management Co., Ltd.  

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

In managing a number of provident funds, Finansa Management Co., Ltd. (?FAM?) failed to set out terms and conditions to be agreed upon in advance by the client regarding the maximum investment exposure of the fund in non-investment grade instruments. In another case, FAM invested the client?s money in the instruments which has the structured-note feature but FAM failed to comply with the regulation which requires every fund management company to expressly states in the management contract about the company?s policy for investment in structured note, the risk associated therewith and how the company would manage such risk. FAM also failed to submit to the investment committee of the provident funds the objectives and strategies the company had in place in connection with any investment in structured instruments. 

 

219,600.00  

 

336

08/01/2008 

1/2008 

3/2008 

Finansa Asset Management Co., Ltd.  

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

Pursuant to the Notification of the SEC Sor.Nor. 29/2549, any fund management company that has its own proprietary trading account is obliged to inform its clients or potential clients on where the information regarding the company proprietary trading account can be examined. The Notification also requires the fund management company to state in its contract with private fund clients that the management company may engage in the similar investment transactions as those entered for or on behalf of the clients. It was found that Finansa Management Co., Ltd. failed to meet neither requirements.  

 

143,200.00  

 

337

08/01/2008 

1/2008 

3/2008 

Finansa Asset Management Co., Ltd.  

117 

SEC Act 

Between 10 January 2007 and 22 March 2007, Finansa Management Co., Ltd. (?FAM?) presented to its clients and potential clients the information regarding Finansa SET 50 Dividend Plus Fund (?FAM 50 DP?) in a manner that would mislead others about the performance of such fund. It was found that FAM 50 DP then had less than 2 years investment experiences. But in its presentation to the clients or potential clients, the FAM showed the 3 and 5 years performance of FAM 50 DP without notifying that such performance was not the actual one but generated from back testing model.  

 

36,600.00  

 

338

08/01/2008 

1/2008 

3/2008 

Finansa Asset Management Co., Ltd.  

117 

SEC Act 

Finansa Management Co., Ltd. failed to file summary prospectus of Finansa Long Term Equity Fund, Finansa Retirement Fund and Finansa Global Allocation Fund to the SEC within 60 days after the end of accounting period of year 2006. The summary prospectus of these 3 funds was finally filed on 5 April 2007. 

 

73,200.00  

 

339

08/01/2008 

1/2008 

3/2008 

Finansa Asset Management Co., Ltd. 

117 and 133 paragraph 2 in conjunction with Section 90 of the Penal Code 

SEC Act 

Between 16 January 2007 and 2 April 2007, Finansa Management Co., Ltd., allowed two persons to undertake the role as fund manager of 33 funds (consisting of both mutual funds and private funds) prior to being approved from the SEC. The approval was later obtained on 3 April 2007. 

 

955,000.00  

 

340

08/01/2008 

1/2008 

2/2008 

Seamico Securities Public Co., Ltd. 

98(3)? 

SEC Act 

Between 7 February 2007 and 10 May 2007, Seamico Securities Public Co., Ltd. failed to send a monthly statement report to its clients in a timely manner as required by the rule prescribed by the SEC.  

 

56,100.00  

 

340 items


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