Table of Content 1. 2. 3. 4. 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 4 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 5 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 6 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: 7 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 8 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. 9 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 10 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 11 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. 12 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 13 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 14 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 15 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 16 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. 17 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 18 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 19 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 20 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 21 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. 22 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.) 23 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.