Table of Content - Office of the Securities and Exchange Commission

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Table of Content
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2.
3.
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5.
6.
7.
8.
9.
An explanation accompanies calculation of net capital in accordance with the form BorLor. 4/1
Net capital
Liability
Investment
Risk from underwriting securities
Risk from holding foreign currency position
Transaction relating to subsidiary company
Calculation of net liquid asset deducted by short-term liability
Risk from being a guarantor of a secured capital fund
2
An explanation accompanies calculation of net liquid capital in accordance with the form BorLor 4/1
Procedure
1. The company shall calculate and maintain net capital on daily basis whereby the calculation must be completed within the next working day.
2. The company shall arrange for the report on calculation of net liquid capital of both head office and branches (if any) whereby demonstrating
the outstanding balance of each transaction in the report in Baht. The amount from fifty Satang to one Baht shall be counted as one Baht.
Comma “,” shall also be used to demonstrate the number of thousands and millions. One copy of such report shall be submitted to the BrokerDealer Supervision Department, the Office of the Securities and Exchange Commission, in the following case:
Information on the date of the report
Normal case: The end of the last working day of each month
Date of submission to the Office
Within 7th Day of the following month
In the case where NCR is close to the minimum rate prescribed by the Office:
At the end of every working day in case where it falls under the reporting criteria
prescribed by the notification of the Office of the Securities and Exchange Commission
on calculation of net liquid capital whereby the report shall consist of:
from: the date in which the company has the net capital equal to or less than
Within 1 working day from the date of making
the specified ratio
the report
until: the date in which the company has the net capital more than the prescribed
ratio for 2 consecutive working days
3
An explanation accompanies calculation of net liquid capital in accordance with the form BorLor 4/1
Particulars
Explanation
Part 1: Net Liquid Capital
1. Cash and Bank Deposit
Banknote and coin of the company, all type of bank deposit, negotiable
certificate of deposit (NCD) issued by a commercial bank or other
financial institution and including payable instrument which has been
deposited to a bank for clearing purpose according to clearing
regulation among banks in which can be cleared on the next working
day regardless whether such transaction is in the company’s account or
segregated account according to the notification on segregation of
client’s account.
The calculation of clause 1. for cash deposit, the bank balance shall be
calculated regardless of daily accrued interests
2. The promissory note and the bill of exchange which has been
issued/aval by financial institution or issued/aval by public
organisations
The promissory note and the bill of exchange that is issued/aval by the
financial institution in accordance with the regulation regarding
interest on loan of financial institution or issued/aval by public
organisation or state enterprise that is guaranteed by the government
regardless whether it is a bill of the company or the bill in segregated
account according to the notification on segregation of client’s
account.
General financial institution/public organisation means the financial
institution that operates under normal course of business, public
organisation or state enterprise whereby the bill must be valid for at
least 6 months
In the case where the company deposits cash or has a promissory note
issued by the bank with feature of future instrument, the company shall
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Particulars
3. Securities Purchased under Reverse Repurchase Agreements
a. Current redemption price
Explanation
calculate the risk as in the case of an investment in part 3.
Security that has been purchased by the company with the reverse
repurchase agreement shall be calculated net liquid asset by comparing
“current redemption price” and “collateral less risk adjustment” of each
party of the contract as follow:
Purchase price added by the accrued interests on the date of the report
Accrued interest = purchase price x agreed interest x period from the
date of purchase to the date of report/365 days
b. Collateral
Market value on the date of report of the purchased securities with
reverse repurchase agreement
c. Risk adjustment
Risk adjustment of collateral = collateral x risk factor of the of
collateral based on different categories (calculate by using fixedhaircut approach as specified in part 3: investment)
“Collateral less risk adjustment” means collateral (b) which is
deducted by risk adjustment (c).
Means a counterparty having “current redemption price” below or
equal to “collateral less risk adjustment” whereby a. b. c. shall use the
total amount of current redemption price, collateral and risk adjustment
in succession of all parties that have collateral less risk adjustment over
debt. “The current redemption price” under a. shall be a net liquid
asset.
Means a counterparty having “current redemption price” more than
“collateral less risk adjustment” whereby a. b. c. shall use the total
amount of current redemption price, collateral and risk adjustment in
3.1 Collateral less risk adjustment over the debt
3.2 Collateral less risk adjustment under the debt
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Particulars
Explanation
succession of all parties that have collateral less risk adjustment under
debt and in 3.2 “value of collateral” under b. less risk adjustment under
c. shall be net liquid asset.
4. Investment (from Part 3)
Securities or financial instrument under custodian of the company that
can be regarded as liquid asset under Monetary Investment including
having position in future contract (excluding promissory note or bill of
exchange that is issued/aval by a financial instrument and purchased
securities with reverse repurchase agreement which has been reported
successively in clause 2. and 3. of Part 1 whereby
In a. of Part 1: the calculated amount from the detail calculation of
monetary investment in Part 3, page 2 , the line of total liquid asset.
In b. of Part 1: the amount calculated from Part 3 page 4, the line total
risk adjustment
In 4. of Part 1: the net liquid asset shall be calculated by using “value
of monetary investment” under a. less “risk adjustment” under b.
Remark: The aforementioned market value in calculation of net liquid capital shall mean the value that reflects current value. The detail is
listed in Part 3: Monetary Investment, Chapter 1a: Calculation of Monetary Investment
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Particulars
Explanation
5. Account receivable for security purchase
Account receivable that has arisen from security brokerage business
5.1 Cash receivable
Account receivable for the purchase of securities by cash excluding
those that are under litigation or execution proceedings, debt
settlement, or payment by means of instalment.
5.1.1 Account receivable where the debt is not overdue
Account receivable of securities purchase order under collection
proceeding that has not been overdue according to the payment
regulations prescribed by the Stock Exchange of Thailand (SET) or
securities trading centre (falls within T+3 or T+2 for debt securities).
a. obligation
Total unpaid amount of account receivable shall be calculated by the
net total sum of all client having net balance in debt (in the case where
there are any client having net balance in credit, such amount shall be
recorded in the list as creditor of securities business in part2 clause 3:
creditor in selling securities by order (cash account)
c. risk adjustment
Risk adjustment shall be calculated by 1.5% of total obligation in a.
Net liquid asset shall be calculated in section 5.1.1 whereby taking
“obligation” in a. and deducts by “risk adjustment” in c.
5.1.2 Overdue account receivable that does not exceed 30-day period
Account receivable of purchased securities that is overdue but not yet
exceed the payment period of 30 days (over T+3 but less than T+3+30
or over T+2 but less than T+2+30 for debt securities). The net liquid
asset shall be calculated by comparing “obligation” with “collateral
less risk adjustment” of each client as follow:
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Particulars
Explanation
a. obligation
Total unpaid amount of account receivable plus accrued interest
income(if any) (accrued interest income may not be calculated daily
but rather use accrued interest receivable)
b. collateral
Value of collateralized assets for client’s payment which are
- purchased securities according to client’s order that has not
been paid for.
- collateralized asset used for opening securities trading account
with the company
c. risk adjustment
Risk adjustment of the collateral = collateral x risk factor of such
collateral
In calculating the value of collateral and risk adjustment of each
collateral type, the following criterion shall be used:
- cash: calculated from client’s payment plus accrued interest
receivable (if any) and risk factor is 0%
- L/C or bank guarantee issued by a commercial bank: the value
is calculated by collateralized credit limit using risk factor of
0%
- P/N NCD B/E issued by a financial institution: calculated as
clause 2 - promissory note and bill of exchange issued or aval
by a financial institution
- Other collateral in accordance with the type of investment shall
be calculated the value and risk factor by using fixed-haircut
approach prescribed in part 3: investment
- In case where collateral is securities registered in the SET, the
company shall monitor the cluster of collateral in a particular
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Particulars
Explanation
securities. If there is a cluster which means the collateral for a
particular securities is also securities collateral for payment of
all client over 5% of the total amount of paid securities of the
company that has issued such securities (inspect by using SIM
system of the security market), the risk adjustment shall be
calculated at the rate of 150% of the normal rate prescribed in
5.1.2 but not exceeding 100% of the value of such security.
“Collateral after deducting risk adjustment” means “collateral” under
b. deducted by “risk adjustment” of collateral under c.
5.1.2.1 Collateral after deducting risk adjustment over the debt
means any client having “obligation” under or equal to “collateral after
deducting risk adjustment” whereby a. b. and c. shall be used the total
sum of obligation, collateral and risk adjustment accordingly. Every
client having the collateral after deducting risk value over the debt and
5.1.2.1 shall use “obligation” in a. as net liquid asset.
5.1.2.2 Collateral after deducting risk adjustment under the debt
means any client having “obligation” more than “collateral after
deducting risk adjustment” whereby a. b. and c. shall be used the total
sum of obligation, collateral and risk adjustment accordingly. Every
client having the collateral after deducting risk value under the debt
and 5.1.2.1 shall use “collateral” in b. deducted by “risk adjustment” in
c. as net liquid asset.
5.1.3 Account receivable where debt is overdue for more than 30 days
A client who purchased a securities and has not yet paid for the period
over 30 days (over T+3+30) shall record the obligation in a. and
collateral in b. by using the criteria as 5.1.2 but shall not calculated
such A/R as net liquid asset.
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Particulars
Explanation
5.2 Margin account client
An account receivable for the purchase of securities and an account
receivable of borrowing securities of other general client recorded in a
margin account in credit balance system but does not include the client
under litigation for execution, debt compromise or pay by instalment
and shall be calculated by comparing between “obligation” with
“collateral after deducting risk adjustment” of each client”
a. Obligation
The outstanding balance of the margin account client shall comprise
of”
1. loan for securities purchase shall use the total amount of loan
for securities purchase on the reporting day
2. securities lending to general client shall be calculated the
obligation by using the market price of the securities on the
reporting day
b. Collateral
Value of the collateral for legal payment of debt in the margin account.
Such collateral shall be in kind that can be calculated in the margin
account in accordance with the notification of the Office on the
procedure relating to loan for buying securities purchase and the
securities lending for short selling (only cash, P/N, B/E, NCD or L/C
of a financial institution, bond or registered securities). The calculation
of the value of collateral of the margin account shall use the same
criteria as 5.1.2
c. Risk adjustment
Comprises of risk adjustment of collateral add up by the risk
adjustment of the securities lending as follow:
1. Risk adjustment of collateral is the risk adjustment of client’s
collateral that may reduce in value from the value on reporting
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Particulars
Explanation
date and shall be calculated by the same criteria as 5.1.2 except
in the case where the collateral is a security listed in the SET
and shall be monitored whether there is a cluster in certain
securities collateral that whether the securities company has
collateral collectively in particular securities. Where there is
such a case which the amount of securities there is a cluster of
securities collateral over 5% of the paid up amount of certain
securities that has been paid of the issued company (Inspect by
the SIM system of the security market), the risk adjustment
shall be calculated at the rate of 150% of normal rate as
prescribed in 5.1.2 but not exceeding 100% of the value of the
securities.
2. Risk adjustment of the securities lending is the risk adjustment
arising from the debt of client that may increase due to the
securities lending for short selling has increase in value from
the value on the reporting date. The calculation of risk
adjustment=value of the securities borrowed by clients x risk
adjustment ratio of the securities borrowed by clients. In this
regard, such risk adjustment shall be the same as 5.1.2
“collateral after deducting the risk adjustment” means “collateral”
in b. deducts by “risk adjustment” in c1+c2.
5.2.1 Collateral after deducting risk adjustment over the debt
Means any account receivable having “obligation” under or equal to
“collateral after deducting risk adjustment” whereby a1, a2, b, c1, and
c2 shall use the total sum of monetary obligation of loan for buying
securities, value of securities lending (market value of such security),
collateral, risk adjustment of collateral and risk adjustment of the
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Particulars
Explanation
lending securities accordingly of all client having collateral after
deducting risk adjustment under the debt and in 5.2.1 shall use
“obligation” in b. deducts by “risk adjustment” in a1+a2 as net liquid
asset.
6. Account receivable of securities lending business
6.1 Account receivable from securities borrowing (institutional)
Account receivables in the course of conducting securities lending and
borrowing business
Institutional client that borrows securities from the company whereby
the institutional client means the person who has license to conduct in
securities lending and borrowing business, commercial bank, finance
company, and securities company that can short sell for its own
account, foreign financial institution that can sell short for its own
account or for client domiciled in other country and other person as
prescribed by the Office but excluding the case where such client has
not delivered securities as per conditions of the contract that shall be
report in 10.: Other Account Receivables.
a. Obligation
Obligation arisen from the securities lending calculated by the market
value of the securities lending on the reporting date or, where there is
no market value available, other price that is appropriate.
b. Collateral
Collateral of a client in borrowing of securities. Only for collateral that
can be used as collateral under the notification of SEC and related
notification of the Office. For calculation of the value of the collateral,
the criteria of 5.1.2 shall be used whereby the cash of the client using
as collateral is in foreign currency, shall be converted into Baht using
exchange rate that can be reference on the reporting date.
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Particulars
c. risk adjustment
Explanation
comprises of:
1. risk adjustment of the collateral shall be calculated as 5.2
2. risk adjustment of the securities lending shall be calculated at
the rate of 5% of the value of such securities.
6.2 Account receivable arisen from using property as collateral
is a account receivable arisen from the transfer of company’s property
to the securities lenderas collateral for company’s borrowing securities.
Net liquid asset shall be calculated by comparing “collateral less
collateral risk adjustment” with “120% of the borrowing securities” of
the each party of the contract as follow:
a. borrowing securities
value of securities that has been borrowed by the company that is
calculated by market price on the reporting date or other appropriate
price in the case where the market price is not available.
b. collateral
value of assets that have been transferred from the company to the
securities lender as collateral for the borrowing of securities (excluding
the property under company title but has been pledged with the lending
or L/C, L/G in which the company has requested to a commercial bank
to issue to the lender). Nevertheless, the value of such property that is
“collateral” shall be calculated as “collateral” in 5.1.2
c. risk adjustment
risk adjustment of collateral shall be calculated by using the same rate
as prescribed by 5.1.2
6.2.1 The normal case
means the case in which the collateral of the company to the party of
an contract having value after deducting risk adjustment not exceeding
120% of the value of the borrowing securities. In this regard, a., b. and
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Particulars
Explanation
c. shall record the total sum of the borrowing securities, collateral and
risk adjustment accordingly of all party that is under such “normal
case”. And the value of the collateral in shall be used as net liquid asset
in 6.2.1
6.2.2 The case of over collateral
means the case in which the collateral of the company to contract
having value after deducting risk adjustment exceeding 120% of the
value of the borrowing securities. In this regard, a., b. and c. shall
record the total sum of the borrowing securities, collateral and risk
adjustment accordingly of all party that is under such “case of over
collateral”. Only the value under 120% of the value of borrowing
security added by the risk adjustment shall be counted as net liquid
asset (net liquid asset in 6.2.2 equal 120% of the borrowing securities
in a. added by risk adjustment of collateral in c.)
7. Account receivable of derivative contract
is a account receivable arisen from the conduct of business as trading
agent for derivative contracts
a. obligation
Total sum of
1. obligation arisen from closing out means total sum of
obligation of each client that has arisen from closing out of
derivative contract of client and the outstanding cash or
property in the account (cash balance) is not enough to absorb
the loss that has arisen from such closing out (both case of
retail clients and institutional clients)
2. obligation arisen from being in position of the institutional
client means the total sum of the net loss after mark to market
of the contract position of each institutional client on the date
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Particulars
Explanation
of having position on the contract. Only contract position of the
institutional client that has not yet paid in cash or property as
initial margin shall be counted.
b. risk adjustment
8. Account receivable of Thailand Securities Depository Co., Ltd.
(TSD)
8.1 Account receivable of the securities trading
Risk adjustment = rate of risk adjustment * obligation
1. In the case of forced closing out under 7a clause 1, the risk
adjustment shall be calculated at the rate of 100% of the total
sum of the obligation
2. In the case of 7a clause 2, risk adjustment shall be calculated at
0% for the calculable obligation in the case of not yet overdue
the period prescribed by the announcement of the Office for the
cash margin for having position on derivative contract (T day)
and shall calculate the risk adjustment at 100% in the case
where the institutional client has not deposit the cash security
within the period prescribed by announcement (T day +1)
Account receivable of the derivative contract shall be calculated by
taking obligation in a. and deducts by risk adjustment in b.
Net balance between the company and Thailand Securities Depository
Co., Ltd. (TSD) that has arisen from daily securities trading only where
TSD has net balance as account receivable and has not yet paid to the
company (where the company has the daily net balance with TSD
during the period T+3 as both creditor and account receivable, the net
balance of TSD as creditor shall be recorded as debt in the account
record between the company and the securities depository centre in
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Particulars
Explanation
part 2 clause 6 without clearing with net total in which TSD is a
account receivable).
8.2 Account receivable of collateral property/for stability
9. Account receivable of derivatives clearing house (TCH)
9.1 Account receivable of derivatives contract
Cash or property that has been paid or deposited by the company to
TSD in order to deposit to clearing deposit fund or due to the company
cannot maintain the net liquid fund or due to the company having
obligation with TSD over settlement cap. or for the being collateral for
other matter as specified by TSD. In this regard, the expected sum that
shall be repaid within 1 month as from the date of calculation of the net
liquid asset in 8.2 shall be counted without adjusting for risk
adjustment.
Net balance on debt between the company and derivatives clearing
house (TCH) that has arisen from derivatives contract both for client
account and company account.
9.2 Account receivable of collateral property/for stability
Money or property that has been paid or pledge to TCH by the
company to be “securities deposit” or for “clearing deposit fund” or for
the case of default or acts that causes damage to debt payment system
of derivative market or for being other collateral as specified by TCH.
Only the debt that is expected to be paid within 1 month from the date
of calculation of net liquid asset in 9.2 shall be counted without risk
adjustment.
10. Other receivable
An account receivable that is not included in clause 5. to 7. e.g.
1. A receivable of securities business and derivative contract that
is under process of litigation, execution, compromise, an
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Particulars
Explanation
instalment including other receivable that is expected to be
default or having any possibility to be in default for the
continual period of 3 months e.g. receivable in which the
collateral is less than debt and has been in default for 3
continual months, receivable that has not been in contact,
receivable that is not in position to pay the debt or the
receivable that has not sign for the debt. In this regard, the loan
client for buying securities under the old margin system shall
also be included.
2. Unpaid income or other receivable e.g. unpaid fee
a. Obligation
b. The part that is counted as liquid asset
c. Risk adjustment
Obligation of other client shall be recorded by using the criteria of
clause 5 to 7
1. Obligated receivable of securities business and derivative
business that has concluded debt conversion contract with the
company and is under the period of payment by instalment only
in the part that may receive payment within 1 month as from
the calculation date excluding obligation of other receivable
that has been in default in time from 3 instalment.
2. Receivable income or other receivable that is expected to be
paid within 1 month as from the date of calculation.
Risk adjustment of obligation of receivable in part that is counted as
liquid asset shall be calculated the risk equal to 10% of the obligation
whereby in 10 shall demonstrate the obligation that is counted as liquid
asset in b and deducts by risk adjustment in c. to be net liquid asset.
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Particulars
11. Properties relating to subsidiary company
Other risk adjustment
12. Risk: Collective of margin client
a. Obligation
Explanation
The calculated sum from (a) in line including 1 to 3 of part 6: record
relating to subsidiary company shall be put in a.
The calculated sum from (c) in line including 1 to 3 of part 6: record
relating to subsidiary company shall be put in c.
The calculated sum in (c) shall be net liquid asset.
Arisen from the loan of the company to client for the purchase of
securities and securities lending in the following cases
- over 15% of the capital fund, in case of the fund > 100 millions
Baht
- 15 millions Baht in case of the capital fund < 100 millions Bath
Obligation of all receivable that is under the collective criteria
b. Capital fund
The part of shareholder in accordance with financial position report
(BorLor. 2) in which the company has submitted to the Office at latest
adding or deducting increase or reduction of capital
Risk adjustment shall be calculated as follow:
- In the case of capital fund > 100 millions Baht
Risk adjustment = total sum of [10% of (obligation of each receivable
that is under collective criteria – 15% of capital fund]
- In the case of capital fund < 100 millions Baht
Risk adjustment = total sum of [10% of (obligation of each receivable
that is under collective criteria – 15 millions Baht)
13. Risk: from selling securities with repurchase agreement
The risk of each party shall be calculated as follow:
a. securities
Market value on the reporting date of securities with buy-back
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Particulars
Explanation
contract, if none, other appropriate price shall be use
b. current repurchase price
Equal to selling price added by unpaid interest on the reporting date
Unpaid interest = selling price x interest rate on buy-back x the period
from the selling date of securities to reporting date/356 days
13.1 Normal case
Means the case where the securities selling (which is collateral for debt
payment) having value not exceeding 150% of the current repurchase
price (which is obligation). In a. and b., the total sum of securities and
the current repurchase price shall be used accordingly of the securities
selling transaction whereby having repurchase contract in all
transaction that is “normal” in which case, the risk shall not be
calculated.
13.2 In the case where the collateral > 15% of the obligation
Means the case where securities (which is collateral for debt payment)
having value over 150% of the current buy-back price (which is
obligation). In a. and b. shall use the total sum of securities and current
repurchase price accordingly. Risk adjustment shall be calculated in
13. which is equal to exceeding value of collateral equal to “value of
securities” in a. deducted by 150% of “current repurchase price” in b.
14. Risk: From underwriting
Using the risk adjustment calculated from clause 3b of part 4: Risk
from Underwriting securities
15. Risk: From having foreign currency position
Using the risk adjustment calculated from clause 2c of part 5: Risk
from Having Foreign Currency Position
16. Risk: Loss of subsidiary company
Using the risk adjustment calculated from clause 4 of part 6: Related
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Particulars
Explanation
Transaction of Subsidiary Company
17. Risk: From being a guarantor of secured capital fund
Using the risk adjustment calculated from 1st method or 2nd method of
part 8: Risk from Being A Guarantor of Capital Fund
18. Risk: From being an agent for derivative trading
Calculated when the client cannot deliver security deposition within
the prescribed period and the margin or property in cash balance of a
client is less than the rate or value of the maintenance margin (MM)
that must have for total open interest position at the end of the day T+1
Calculation of Risk Adjustment
1. Take (rate or value of maintenance margin (MM) * number of total
open interest of a client) – security deposit or cash or property in cash
balance of particular client that is unable to deposit security money
within the prescribed period.
2. Find the total sum of the deferent of all client that is calculated
under 1.
19. Net liquid asset
Means liquid asset that is deducted by all risk adjustment by
calculating the total sum of net liquid asset of record in clause 1 to 11
deducted by the total sum of risk adjustment under clause 12 to 18.
20. Total liability
Using total liability form calculation of clause 18 of part 2: Liabilities
21. Net liquid capital fund
Means net liquid asset deducted by total liabilities calculated from
clause 18 deducted by clause 19
22. General liability
Using general liability calculated from clause 18 of part 2: Liabilities
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Particulars
Explanation
23. Property using as collateral
Means the total sum of the property in which the client must deposit as
collateral for outstanding derivatives position whereby calculated from
the number of total open interest of derivative contract of all client on
the calculated x rate or value of collateral in which prescribed by
Thailand Futures Exchange Plc. (TFEX) for the client to deposit for
having a position in derivative contract.
24. The ratio of net liquid capital fund to general liability
Means the ratio of the net capital in which the security company must
maintain at the specified ratio by calculating from net capital under
clause 21 divided by the total liability in clause 22 and shall
demonstrate the ratio in percentage (%).
25. The ratio of net capital to general liability and property to be
deposited as collateral
Means the ratio of the net capital in which the security company must
maintain at the prescribed rate by calculating from net liquid capital
fund under clause 21 divided by the total liability under clause 22 and
property to be deposited as collateral under clause 23 and shall
demonstrate the ratio in percentage (%).
Part 2: Liability
Total Liability
1. Loan
1.1. from domestic financial institution
1.1.1 Commercial bank
All kind of loan from financial institution that has been done in Baht
but shall not include the subordinated loan agreement having the
outstanding term more than 1 year as from the reporting date and the
loan under clause 9.4: Loan from director or subsidiary company
whereby the obligation shall be demonstrated excluding unpaid
interest.
Bank under the law on commercial bank
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Particulars
Explanation
1.1.2 Other financial institution
Financial institution under the law on interest of loan of financial
institution except commercial bank
1.2 from abroad
Means loan that has been done in foreign currency whereby must be
converted to Baht by using the following criteria
- for the transaction that does not have risk protection, the spot
rate on the reporting date from the reference source shall be
used
- for the part that is protected from the risk under the derivative
contract/swaps, the contracted rate shall be used
- for the part that is protected by options, the preference rate
between spot rate and contract rate under options contract shall
be used.
2. Selling of securities with repurchase agreement
Securities in which the company has sold with the repurchase
agreement regardless whether the part of the contract is the Bank of
Thailand or other party and the selling price with unpaid interest on the
reporting date shall be used.
3. Creditor of selling of securities under order
(cash account)
Net credit balance of a client having trade securities by cash
4. Creditor of borrowing and lending of security business
4.1 Creditor of borrowing securities
The value of securities in which the company borrows from other
person including the liability of the company to deliver the securities to
TSD. In the case where the company is not in possession of securities,
the obligation under the last selling offer of the borrowed securities
must be shown.
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Particulars
4.2 Creditor of deposited property as collateral
(only institutional client)
5. Client account
5.1 Securities business
Explanation
Cash or other property that has been transferred from an institutional
client to the company as collateral for borrowing securities. The
institutional client having meaning as clause 6.1: Receivable of the
Borrowed Securities (institutional)
Total amount of money in which the client is a creditor of the company
due to security business of the company which is the money that has
been deposited by the client for the benefit of security trading
regardless of whether such money is deposited as collateral of the loan
for buying securities or opening cash account or borrowing securities
for selling short and other money that has been received by the
company for clients (e.g. interest, dividend)
5.2 Derivative trading business
Total amount of money in which the client is a creditor of the company
due to derivative trading business of the company, regardless whether
such money is an initial margin and call margin in which the client has
deposited to the company and including the daily profit and loss from
mark to market, value of collateral and other money in which the
company received for clients (e.g. interest, money from selling
derivative of the client, and the received premium from writing
derivative of a client).
6. Creditor of Thailand Securities Depository Co., Ltd. (TSD)
The net creditor sum of the account between the company and the
securities depository centre that has arisen from sending trading order
of security of the company (see part 1 clause 8: Debtor of Thailand
Securities Depository Co., Ltd.)
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Particulars
Explanation
7. Creditor of derivatives clearing house (TCH)
The net balance on creditor between the company and the clearing
house of contract that has arisen from derivative trading both from
trading for client account and for company account (in the case where
the company has net balance on debtor, the net balance on debtor shall
be recorded as property in clause 9 Debtor of the Derivative Clearing
House)
8. Debenture and other debt instrument
(excluding debenture/subordinated debt instrument having validity
period more than 1 year)
Debenture or other debt instrument issued as evidence for loan from
other person, but not including documents accompanying loan under
clause 1 and subordinated debenture or subordinated debt instrument
having validity period over 1 year from the reporting date, shall be
record by using account value.
9. Other liability
Other liability that cannot record in previous particulars
9.1 Unpaid interest
Interest according to the account at the end of latest month, only on the
part that has not yet been paid by the company on the reporting date
excluding the interest arisen from security trading transaction with
repurchase agreementcontact which has been already included in
clause 2: Selling of Securities with Repurchase Agreement
9.2 Accrued tax and expenses
Accrued tax and expenses according to the account at the end of the
latest month, only on the part that has not been paid by the company on
the reporting date.
9.3 Sum of the difference between the account of the head office and
branches
Net credit balance in cross account between head office/other branches
24
Particulars
Explanation
9.4 Loan from director or the group of company
Loans from directors, employee, company in the group of company
(holding company, subsidiary company, joint company) or the major
shareholder (shareholder having share exceeding 10% of the total
registered capital)
9.5 Other
Other liability or creditor that is not included in clause 9.1-9.4 e.g. hire
purchase agreement, financial lease agreement in which must show the
outstanding debt or penalty in the case of termination of contract
whichever lower. If any transaction having the amount from 20% of
the total sum of clause 9.5: Other, such transaction must be shown
separately
10. Obligation
Obligation of company which may cause debts later on that may arise
from guarantee, certify, aval of bill of exchange for other person (e.g. a
company in the group) including obligation of the company to pay
money or property to other person when the prescribed event has
occurred in which these obligations are not appeared in the financial
statement
11. Total liability
Total sum of clause 1 to 10
Special Liability
12. Loan/debenture (>1 year)
13. Liability that has been calculated for the risk
Loan, debenture or all kind of debt instrument under clause 1 or clause
5 that matures over 1 year as from the reporting date must be shown as
total amount of obligation.
Total sum of clause 2, clause 4 and cause 5
25
Particulars
Explanation
14. Obligation (>1 year)
Obligation under clause 10 that has been stipulated clearly in a contract
that the creditor that may be incurred shall not have the right to request
for payment within 1 year as from the reporting date. In this case, the
company must submit a copy of the contract accompanying the
reporting form of in the first period in which having regard such
obligation as a special liability.
15. Other special liability
Other special liability as prescribed by the Office.
16. Total special liability
Total sum of clause 12 to 15
17. General liability
Total liability deducted by special liability under clause 16.
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