(UNOFFICIAL TRANSLATION)
Readers should be aware that only the original Thai text has legal force and that this English
translation is strictly for reference. The SEC, Thailand can neither undertake any
responsibility for its accuracy nor be held liable for any loss or damages arising from or
related to its use.
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Notification of the Securities and Exchange Commission
No. KorChor. 6/2552
Re: Determination of Fees for Application for Offer for Sale of Newly Issued Securities
and Application for Securitization Project
(No. 2)
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By virtue of Section 14 (2) of the Securities and Exchange Act B.E. 2535 (1992) as
amended by the Securities and Exchange Act (No. 4) B.E. 2551 (2008) and Section 5 (5) of
the Royal Enactment on Special Purpose Juristic Persons for Securitization B.E. 2540 (1997)
which contains certain provisions relating to the restriction of rights and liberties of persons,
which Section 29 in conjunction with Section 33, Section 34, Section 41, Section 43, Section
44 and Section 64 of the Constitution of the Kingdom of Thailand so permit by virtue of law,
the Securities and Exchange Commission hereby issues the following regulations:
Clause 1.
The provisions in Clause 4, Clause 5 and Clause 6 of the Notification of
the Securities and Exchange Commission No. KorChor. 19/2551 Re: Determination of Fees
for Application for Offer for Sale of Newly Issued Securities and Application for
Securitization Project dated 15 December 2008 shall be repealed and replaced by the following
provisions:
“Clause 4.
The application fee for offer for sale of newly issued corporate bonds or
bills of exchange shall be Baht 30,000 per application except in the following cases:
(1) The application for newly issued corporate bonds under Clause 5 (1), (2) and (3);
(2) There shall be no charge for the application for offer for sale of newly issued
corporate bonds under a securitization project; the fee shall be charged for the application for
securitization project under Clause 6 instead.
Clause 5.
The application fee for offer for sale of the following newly issued
corporate bonds or warrants shall be Baht 10,000 per application:
(1) Corporate bonds issued by a company established under Thai law and offered for
sale abroad;
(2) Newly issued structured notes offered for sale to institutional investors
established under Thai law or high net worth investors;
(3) Corporate bonds issued by a foreign company and offered for sale to commercial
banks in Thailand;
(4) Thai securities depository receipt whose underlying is corporate bond or
government bond.
2
Clause 6.
The application fee relating to securitization project shall be Baht
30,000 per application.”
Clause 2.
This Notification shall come into force as from 31 March 2009.
Notified this 13th Day of March 2009.
- Signature (Vijit Supinit)
Chairman
The Securities and Exchange Commission
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Remark: The reason for issuing this Notification is to determine a lower rate of application
fees for offer for sale of newly issued structured notes to institutional investors established
under Thai law or high net worth investors in line with more relaxed rules on approval of
offer for sale of newly issued structured notes and to revise the collection of application fees
relating to securitization project in line with the notification concerning application and
approval of corporate bond issuance under such project.