Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
Securities Fraud / Insider Trading in Thailand
Market manipulation, insider dealing, or misstatements in connection with securities.
Securities and Exchange Act B.E. 2535 (1992)
Imprisonment and heavy fines, plus disgorgement and civil/administrative sanctions by the SEC
severe
Definition
Market manipulation, insider dealing, or misstatements in connection with securities. Under Thai law, this offence is classified as a severe offence within the category of Financial & Banking Law.
Legal Basis
Securities and Exchange Act B.E. 2535 (1992)
Primary legislative provision for securities fraud / insider trading offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Dealing in or making statements about securities
Using inside information or manipulating price/misleading investors
Penalties
Maximum Penalty
Imprisonment and heavy fines, plus disgorgement and civil/administrative sanctions by the SEC
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
Information was public
No intent to deceive or manipulate
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Applies to trading on Thai markets by anyone, including foreign investors and executives of listed companies.
When Legal Representation Matters
If you are accused of securities fraud / insider trading or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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