ทนายความ ตลาดตราสารทุน ที่ดีที่สุดใน Phaya Thai

1. About ตลาดตราสารทุน Law in Phaya Thai, Thailand

ตลาดตราสารทุน, or the securities market, covers the issuance, trading and disclosure of equity securities in Thailand. In Phaya Thai, as in the rest of Bangkok and the country, securities activity is regulated to protect investors and ensure fair market conduct. Local residents may engage with listed companies, brokers, and investment funds through Bangkok offices, while staying subject to national securities law.

Key elements include registration of offerings, prospectus standards, and ongoing disclosure requirements for public companies. The regulatory framework is designed to balance access to capital with investor protection, while supervising market participants such as brokers and investment advisers.

“The Securities and Exchange Act governs registration, trading, and disclosure of securities in Thailand, administered by the Securities and Exchange Commission.”

For residents of Phaya Thai, this means if you are investing, providing capital to a business that seeks to raise funds, or working with a local broker, you are operating under national rules. Local counsel can help interpret how these rules apply to specific transactions, such as private placements versus public offerings. The Bangkok market ecosystem also includes the Stock Exchange of Thailand (SET) and the Market for Alternative Investment (MAI) assets that operate within these laws.

2. Why You May Need a Lawyer

• Understanding a rights issue or IPO offer you received in Phaya Thai - If a Bangkok-listed company offers new shares, an attorney can explain subscription terms, price, dilution, and eligibility, and review the prospectus for misrepresentations.
• Negotiating or reviewing share purchase agreements for a Bangkok-based business - A lawyer can ensure the sale and transfer of shares comply with Thai securities and corporate law, including transfer restrictions and shareholder rights.
• Assessing compliance for a startup seeking funding from Thai investors - Startups in Phaya Thai raising capital must align with SEC disclosures and investor protections, and counsel can structure safe and compliant securities arrangements.
• Responding to regulatory inquiries or enforcement actions - If a broker, issuer, or investor faces SEC investigations or inquiries, a securities attorney can prepare responses, preserve rights, and manage deadlines.
• Handling misrepresentation or fraud concerns in a security offering - An attorney can identify potential false statements in a prospectus or marketing materials and advise on remedies.
• Disputes with brokers or exchanges in Bangkok - If you believe you were mis-sold or unfairly treated by a broker, a lawyer can assist with disputes and potential claims under Thai law.

3. Local Laws Overview

The Thai securities framework rests on several core statutes and regulatory rules. Below are two key laws by name and a companion regulatory framework that governs market conduct in Phaya Thai and nationwide.

Securities and Exchange Act B.E. 2535 (1992)

The Securities and Exchange Act provides the legal foundation for the issuance, registration, trading, and disclosure of securities in Thailand. It authorizes the Securities and Exchange Commission to regulate market participants and enforce compliance.

“The Securities and Exchange Act governs offers to the public, trading, and disclosure of securities in Thailand.”

Public Limited Companies Act B.E. 2535 (1992)

This Act governs the formation, governance, and ongoing obligations of public companies operating in Thailand that issue tradable equity. It covers corporate structure, directors duties, and shareholder rights, impacting how securities are issued and traded.

The Public Limited Companies Act regulates the governance and corporate duties of public companies, including compliance with listing and reporting standards.

SET Listing Rules and Regulations

The Stock Exchange of Thailand (SET) establishes listing and ongoing disclosure rules for companies that trade on its markets. While administered by the exchange, these rules operate within the broader securities framework and determine which companies can list, how they must disclose information, and how investors are protected.

SET Listing Rules set criteria for listing, ongoing obligations for listed companies, and enforcement mechanisms by the exchange.

4. Frequently Asked Questions

• What is ตลาดตราสารทุน and who regulates it in Thailand? What markets involve equity securities and which government bodies supervise them?
• How do I know if a Thai company is offering securities to the public? What disclosures and prospectus requirements apply?
• When should I hire a lawyer if I am considering an investment in a Thai IPO? What steps should I take first?
• Where can I verify if a broker or adviser is properly licensed in Bangkok? Which authorities provide licensing information?
• Why might a rights issue impact my existing shareholding in a Phaya Thai company? How is dilution addressed?
• Can an investor recover losses from misrepresentation in a securities offer? What legal avenues exist?
• Should I consult a lawyer before signing a share purchase agreement? What clauses should I scrutinize?
• Do I need to be a Thai resident to invest in Thai securities? Are there any residency or tax considerations?
• Is the process to list on SET different from MAI or private placements? What are the main differences?
• How long does a typical Bangkok securities transaction take from start to finish? What factors influence timeline?
• What costs should I expect when hiring a securities lawyer in Phaya Thai? How is billing typically structured?
• What documentation should I prepare for a securities review in Bangkok? Which documents are most critical?

5. Additional Resources

• Securities and Exchange Commission Thailand (SEC) - regulator of securities markets, reviews prospectuses, licenses brokers, and enforces compliance. Official site: https://www.sec.or.th
• The Stock Exchange of Thailand (SET) - operates the market for listed securities and sets listing and disclosure rules. Official site: https://www.set.or.th
• Department of Business Development (DBD) - oversees corporate registrations, business compliance, and company information for public entities. Official site: https://www.dbd.go.th

6. Next Steps

1. Clarify your securities objective and location specific needs - Determine whether you are an investor, founder, or issuer in Phaya Thai, and identify the specific transaction type (IPO, private placement, M&A, or dispute).
2. Compile a document list and a brief narrative - Gather any prospectuses, subscription agreements, share registers, corporate certificates, and prior communications from brokers or exchanges.
3. Identify 2-3 local securities lawyers or firms in Bangkok - Look for experience with Thai securities law, SET/MAI listings, and Bangkok-based client support, and verify current standing with the Thai Bar Association.
4. Schedule initial consultations and request written proposals - Ask about scope of work, timelines, and engagement terms; request a written estimate or retainer agreement.
5. Prepare for the initial meeting with a targeted agenda - List questions about disclosure duties, risk checks, and potential regulatory issues specific to your Phaya Thai context.
6. Review engagement letters and confirm fee structures - Confirm whether the lawyer charges hourly, by milestone, or a fixed fee; obtain a written retainer and milestones.
7. Choose a counsel and sign an engagement letter - Ensure the plan includes due diligence, draft review, and regulatory filings; set a realistic timeline.