SEC adjusts foreign DA derivatives investment criteria

MGR Online•Economy•14d ago

Reader Briefing

The Securities and Exchange Commission (SEC) is seeking public feedback on updating regulations for investing in foreign Digital Asset Derivatives (DA derivatives).

•The SEC is adjusting criteria for taking retail, high net worth, and ultra high net worth investors to invest in foreign DA derivatives.
•Certain foreign DA derivatives will be restricted to institutional investors only.
•Public comments are being accepted until September 30, 2026.

Overview

•The SEC has designated digital assets, including cryptocurrencies and digital tokens, as additional underlying assets under the Derivatives Act 2003.
•The SEC is consulting with the Thailand Futures Exchange (TFEX) to define contract specifications for DA derivatives.
•The SEC views an update as necessary because foreign DA derivatives have diverse forms and varying risk levels.
•The SEC proposes that DA derivatives for retail, high net worth, and ultra high net worth investors must have essential conditions consistent with those traded in Thailand.
•The SEC requires that such products be traded through exchanges with a Central Counterparty (CCP) and regulated by an IOSCO member (Signatory A) or a WFE member.
•The SEC proposes that foreign DA derivatives not meeting the aforementioned criteria be available only to institutional investors.
•The SEC is accepting public opinions via its website and the central legal system until September 30, 2026.

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Key Entities

Organization

SEC(ก.ล.ต.)

The office responsible for regulating securities and exchange and opening public hearings on investment criteria.

Thailand Futures Exchange(บริษัท ตลาดสัญญาซื้อขายล่วงหน้า (ประเทศไทย) จำกัด (มหาชน))

An organization the SEC is consulting with to determine contract specifications for DA derivatives.

TFEX

The abbreviation for the Thailand Futures Exchange.

International Organization of Securities Commissionsℹ️

An organization whose members must regulate the exchanges through which certain DA derivatives are traded.

IOSCOℹ️

The abbreviation for the International Organization of Securities Commissions.

World Federation of Exchangesℹ️

An organization whose members may regulate the exchanges through which certain DA derivatives are traded.

WFE

The abbreviation for the World Federation of Exchanges.

Law

Derivatives Act 2003(พระราชบัญญัติสัญญาซื้อขายล่วงหน้า พ.ศ. 2546)

The law under which digital assets have been designated as additional underlying assets.