Securities and Exchange Commission Thailand

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Recent Enforcement


Criminal Complaints Cases Settled Administrative Orders Administrative Sanctions

Criminal Complaints Filed by the Office of SEC

No.
Date of Complaint Filing
Name of Alleged Offender
Section
Relevant Law
Summarized Facts
Press Release
Results
Remarks

1

02/10/2018 Mr. Chu Yingjay 300 SEC Act Mr. Chu Yingjay, an Authorized Director of the Company, responsible for the operation of Ronghui International Service Co., Ltd. shall be liable for Ronghui International Service Co., Ltd. offer for sale newly issued securities in the category of debentures without having obtained an approval from the SEC Office.
119/2018
   

2

02/10/2018 Ronghui International Service Co., Ltd. 33 SEC Act Ronghui International Service Co., Ltd. offer for sale newly issued securities in the category of debentures without having obtained an approval from the SEC Office.
119/2018
   

3

12/09/2018 Chart Master Co., Ltd 16 DV Act  
108/2018
This case is in the process of inquiry by the inquiry official.  

4

12/09/2018 Mr. Narathip Lohawaroj 16 DV Act  
108/2018
This case is in the process of inquiry by the inquiry official.  

5

12/09/2018 Mr. Thiti Tarasuk 16 DV Act  
108/2018
This case is in the process of inquiry by the inquiry official.  

6

12/09/2018 Mr. Torpong Thammasombut 16 DV Act  
108/2018
This case is in the process of inquiry by the inquiry official.  

7

12/09/2018 Mrs. Sakonwan Paruang 16 DV Act  
108/2018
This case is in the process of inquiry by the inquiry official.  

8

05/09/2018 Mr. Chris Lum 90 and Section 16 of DV Act SEC Act Mr. Chris Lum colluded with other alleged offenders in operating securities and derivatives businesses with an intent to solicit any attendee investors to open trading account for securities, derivatives and other kinds of financial instruments with Saxo Capital Market Pte.,Ltd. by advertising, soliciting and using website www.home.saxo/en-sg or www.saxomarkets.com.sg without obtaining license from the SEC, in violation of the Securities and Exchange Act B.E. 2535 (1992), Section 90 and subject to sanctions under Section 289, and the Derivatives Act B.E. 2546 (2003), Section 16 and subject to sanctions under Section 125 respectively.
103/2018
This case is in the process of inquiry by the inquiry official.  

9

05/09/2018 Mr. Victor Wongsonegoro 90 and Section 16 of DV Act SEC Act Mr. Victor Wongsonegoro colluded with other alleged offenders in operating securities and derivatives businesses with an intent to solicit any attendee investors to open trading account for securities, derivatives and other kinds of financial instruments with Saxo Capital Market Pte.,Ltd. by advertising, soliciting and using website www.home.saxo/en-sg or www.saxomarkets.com.sg without obtaining license from the SEC, in violation of the Securities and Exchange Act B.E. 2535 (1992), Section 90 and subject to sanctions under Section 289, and the Derivatives Act B.E. 2546 (2003), Section 16 and subject to sanctions under Section 125 respectively.
103/2018
This case is in the process of inquiry by the inquiry official.  

10

05/09/2018 Ms. Chong Jia Min 90 and Section 16 of DV Act SEC Act Ms. Chong Jia Min colluded with other alleged offenders in operating securities and derivatives businesses with an intent to solicit any attendee investors to open trading account for securities, derivatives and other kinds of financial instruments with Saxo Capital Market Pte.,Ltd. by advertising, soliciting and using website www.home.saxo/en-sg or www.saxomarkets.com.sg without obtaining license from the SEC, in violation of the Securities and Exchange Act B.E. 2535 (1992), Section 90 and subject to sanctions under Section 289, and the Derivatives Act B.E. 2546 (2003), Section 16 and subject to sanctions under Section 125 respectively.
103/2018
This case is in the process of inquiry by the inquiry official.  

11

05/09/2018 Ms. Kaewta Hengpracha 90 and Section 16 of DV Act SEC Act Ms. Kaewta Hengpracha colluded with other alleged offenders in operating securities and derivatives businesses with an intent to solicit any attendee investors to open trading account for securities, derivatives and other kinds of financial instruments with Saxo Capital Market Pte.,Ltd. by advertising, soliciting and using website www.home.saxo/en-sg or www.saxomarkets.com.sg without obtaining license from the SEC, in violation of the Securities and Exchange Act B.E. 2535 (1992), Section 90 and subject to sanctions under Section 289, and the Derivatives Act B.E. 2546 (2003), Section 16 and subject to sanctions under Section 125 respectively.
103/2018
This case is in the process of inquiry by the inquiry official.  

12

05/09/2018 Saxo Capital Market Pte.,Ltd. 90 and Section 16 of DV Act SEC Act Saxo Capital Market Pte.,Ltd. (Saxo) colluded with other alleged offenders in operating securities and derivatives businesses with an intent to solicit any attendee investors to open trading account for securities, derivatives and other kinds of financial instruments with Saxo by advertising, soliciting and using website www.home.saxo/en-sg or www.saxomarkets.com.sg without obtaining license from the SEC, in violation of the Securities and Exchange Act B.E. 2535 (1992), Section 90 and subject to sanctions under Section 289, and the Derivatives Act B.E. 2546 (2003), Section 16 and subject to sanctions under Section 125 respectively.
103/2018
This case is in the process of inquiry by the inquiry official.  

13

23/08/2018 Mr. Yongyuth Ngamkaiwan 300 SEC Act Mr. Yongyuth Ngamkaiwan, the person who is responsible for the operation of Thai Unique Coil Center Public Company Limited (TUCC), failed to supervise TUCC to prepare (1) the audited financial statements for the year 2017, (2) the annual report for the year 2017 (Form 56-2, 2017), (3) the annual registration statement for the year 2017 (Form 56-1, 2017) and (4) the reviewed financial statements for Q1/2018 to the SEC Office and the Stock Exchange of Thailand within the period specified in the notification.   This case is in the process of inquiry by the inquiry official.  

14

23/08/2018 Thai Unique Coil Center Public Company Limited 56(1)(2)(3)(4) SEC Act Thai Unique Coil Center Public Company Limited, failed to prepare and submit (1) the audited financial statements for the year 2017, (2) the annual report for the year 2017 (Form 56-2, 2017), (3) the annual registration statement for the year 2017 (Form 56-1, 2017) and (4) the reviewed financial statements for Q1/2018 to the SEC and the SET within the specified period.   This case is in the process of inquiry by the inquiry official.  

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Cases Settled by the Settlement Committee

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

1

26/09/2018 

9/2018 

31/2018 

Mr. Chanon Wangtal 

246 

SEC Act 

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

 

20,700.00  

 

2

26/09/2018 

9/2018 

30/2018 

Mr. Porameth Rungrongtanin 

246 in conjunction with section 86 of the Penal Code 

SEC Act 

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

 

771,600.00  

 

3

26/09/2018 

9/2018 

30/2018 

Mr. Porameth Rungrongtanin 

247 in conjunction with Section 86 of the Penal Code 

SEC Act 

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

 

781,333.33  

 

4

26/09/2018 

9/2018 

29/2018 

Mr. Sathit Roongwatanapak 

246 

SEC Act 

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

 

1,157,400.00  

 

5

26/09/2018 

9/2018 

29/2018 

Mr. Sathit Roongwatanapak 

247 

SEC Act 

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

 

1,172,000.00  

 

6

26/09/2018 

9/2018 

28/2018 

Mr. Athasidh Ongkosit 

59 

SEC Act 

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

 

254,800.00  

 

7

15/08/2018 

8/2018 

27/2018 

ASL Securities Company Limited 

113 

SEC Act 

Between April 3, 2017 and November 19, 2017; ASL Securities 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.  

 

612,000.00  

 

8

15/08/2018 

8/2018 

27/2018 

ASL Securities Company Limited 

113 

SEC Act 

Between June 1st, 2017 and July 12, 2017; ASL Securities Company Limited, as 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.  

 

630,000.00  

 

9

15/08/2018 

8/2018 

26/2018 

Mr. Jajjai Dhammarungruang 

59 

SEC Act 

Between December 27, 2016 to June 9, 2017 Mr. Jajjai Dhammarungruang, Ex-Vice Chairman of Modernform Group Public Company Limited (?MODERN?) changed his holding of MODERN securities for 23 times but failed to prepare and disclose all reports on changes in his holding to the SEC Office within the period specified in the notification of the Capital Market Supervisory Board. He later filed the reports (Form 59-2) to the SEC Office on June 5, 2018. 

 

351,000.00  

 

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Administrative Orders
Under the Securities And Exchange Act B.E.2535 (1992) and the Derivatives Act B.E.2546 (2003)

There is no enforcement during the last three months.

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Administrative Sanctions
Under the Derivatives Act B.E.2546 (2003) and the Trust for Transactions in Capital Market Act B.E.2550 (2007)

No.
Date of Imposing the Administrative Sanction
Order No.
Name of the Person Subject to the Administrative Sanction
Type of Business
Relevant Law
Section
Summarized Facts
Administrative Sanctions
Press Release
Amount of Fines (Baht)
Remarks

1

08/08/2018 

Administrative Fine Panel ส 1/2561 

Hua Seng Heng Gold Futures Company Limited 

Derivatives Agent 

DV Act 

18 

Between May 1, 2017 and August 22, 2017; Hua Seng Heng Gold Futures Company Limited, as a derivatives agent, failed to comply with rules, conditions, and procedures specified in the notification of the Capital Market Supervisory Board by putting in place an insufficient procedure to file report on net liquid capital. 

Administrative Fine 

 

378,000.00 

 

2

08/08/2018 

Administrative Fine Panel ส 2/2561 

Apple Wealth Securities Public Company Limited 

Derivatives Agent 

DV Act 

18 

 

Administrative Fine 

 

90,000.00 

 

3

08/08/2018 

Administrative Fine Panel ส 2/2561 

Apple Wealth Securities Public Company Limited 

Derivatives Agent 

DV Act 

18 

 

Administrative Fine 

 

225,000.00 

 

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Note : 
      - Filing a criminal complaint begins criminal proceedings. The criminal case will be subject to the inquiry official, the public prosecutor, or/ and the court's discretion.
      คลิกที่นี่เพื่อเรียกดูขั้นตอนการกล่าวโทษต่อพนักงานสอบสวน
      - Administrative sanctions disclosed on the website may not be final because the person subject to the administrative sanction may file an appeal against the administrative sanction with the Securities and Exchange Commission or file a case with the Administrative Court.
      Click here to view a flowchart of the Appeal Filing Procedure and a brief explanation.


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