"securities" means securities under the Securities and Exchange Act.

"Stock Exchange" means any Stock Exchange of Thailand under the Securities and Exchange Act.

"securities trading center" means any securities trading center under the Securities and Exchange Act.

"securities clearing house" means the securities clearing house under the Securities and Exchange Act.

"institutional investor" means any investor which is a financial institution under the Commercial Banking Act, securities company,non-life insurance company, life insurance company, statutory company, mutual fund, private fund, the Government Pension Fund, provident fund or any other legal entities as specified in the notification of the SEC.

"competent officer" means any person appointed by the Minister to perform duties under this Act.

"SEC Office" means the Office of the Securities and Exchange Commission under the Securities and Exchange Act.

"SEC" means the Securities and Exchange Commission under the Securities and Exchange Act.

"Minister" means the Minister in charge of this Act.

Section 4. This Act shall not apply to the followings:
(1) any off-exchange derivatives contract of which the obligation for payment is calculated from any foreign
exchange rate or interest rate;
(2) any contract to purchase or sell a securities with a [concurrent] agreement to sell back or buy back such securities;
(3) any contract or trade as specified in the notification of the SEC.

Section 5. Any derivatives contract entered into with or through a derivatives business operator, a derivatives exchange or a derivatives clearing house shall constitute a contract having a legal binding and creating an obligation
enforceable under the provisions of law.

Section 6. Unless otherwise specified by the provisions of this Act, the SEC and the SEC Office shall issue a notification to the general public stipulating the period for consideration and making of order with respect to issuance of license, acceptance for registration and grant of approval under this Act.

Section 7. All rules, regulations, notifications, directives or stipulations issued under this Act by the SEC or the SEC Office which are of general application shall come into force upon their publication in the Government Gazette.

Section 8. The Minister of Finance shall be in charge of this Act and shall have the power to issue notifications andappoint competent officers to perform duties under this Act.

Such notifications shall come into force upon publication in the Government Gazette.

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