SEC Rule Changes
15 January 2001 |
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Beginning
from March 30, 2001, individual provident fund contributors
will be allowed to select what kind of securities they
want in their investment portfolios.
However,
fund managers are required to the investment portfolios.
Under the new Security Exchange Commission (SEC) rules,
the SEC will draw up investment categories covering
deposits, capital securities, debentures, convertibles
and new financial products. Provident funds would be
subject to the same investment limitations as mutual
funds, with a listed company's total investments in
securities not allowed to exceed 15 per cent of the
net asset value.
Provident
funds would also be subject to reporting requirements
that they disclose the details of their funds, which
would include the money contributed by employees and
employers and funds benefits. The SEC has also made
regulations concerning mutual funds more stringent by
requiring commission approval for employees of mutual
fund companies and distributors responsible for unit
trust transactions. According to the regulations, every
branch of a unit trust distributor must have at least
one staff member approved by the commission. |
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BOT Institutes Policies
to Forestall Further Baht Depreciation
15
January 2001 |
In
reponse to the drop in the value of the Thai currency
last week, the Bank of Thailand (BOT) has instructed
all commercial banks to require more documents from
customers seeking to exchange baht for dollars. A BOT
source stated that the move was made in order to assure
that dollar baht exchanges were for bona fide payments
of debts outside of the country.
The
BOT measure requires all bank customers buying dollars
for payment of either loans or interest on loans to
show loan documents proving that the transger of funds
is legitimate. |
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SET Establishes New
Units-Reorganization Plan
9 January 2001 |
In
a reorganization plan announced yeserday, the Stoock
Exchange of Thailand (SET), revealed plans to establish
four core units in the following areas: (1) marketing
and strategy development, (2) market operations, (3)
regulations and risk management and (4) support. The
objective of these changes is to assist the SET in preparing
to compete with other international stock exchnages. |
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NPLs Seen as Declining
9 January 2001 |
According
to sources at the BOT, Thailand's loans are expected
to decline. However, the anticipated decline will be
due primarily to the write-off of bade debts. The BOT
announced that non-performing loans ("NPLs")
in November were 1.11 trillion compared to total loans
from financial institution which amounted to 4.9 trillion.
Lending within Thailand has signifiicantly dropped because
of a decline in lending by domestic foreign banks. Because
of the decline in new lending, the propration of NPL's
appears to be greater than it actually is. Actually,
NPLs are declining each month, but in proportion to
total lending the NPLs seem high.
Subject
toa BOT regulation, at the end of each accounting period
banks may write off bad debts following a full provision. |
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BAHTNET Developments
29 December 2000 |
The
BAHT NET system was developed by the Bank of Thailand
(BOT) as an online inter-financial electronic fund transfer.
BAHTNET was first implemented on 24 May 1995. In every
fund transfer through BAHTNET a debit is immediately
recorded in the sending institution and credited in
the receiving institution operating in real time. The
fund transfer prcocess through BAHTNET is irrevocable
and is considered to be compliant with international
standards.
In
order to order to uprgarde the BAHTNET systemto a more
international standard and in order to establish a base
for future bond trading and money market objectives,
an upgraded BAHTNET system called BAHTNET/2 has been
established. The upgraded system adds government security
trading capabilities through Delivery Services Payment
(DVP) and provides host to host capabilities with member
institutions employing the SWIFT system. The Bank of
Thailand's investment in BAHTNET /2 is 500 million a
baht and it is expected to be up and running by the
end of 2001. |
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NEW US VISA Regulations
21 December 2000 |
On
December 21, 2000, US President Clinton signed a sweeping
legislative package entitled the Legal Immigration and
Equity Act (LIFE). Under the new Act, a new temporary
"K" US visa will be available for spouses of US citizens
(and their children) living abroad. The current "K visa
is available only to fiancées of US citizens
who are coming to the United States to get married within
90 days of arrival. |
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Clarification on exclusion
from VAT base
29 November 2000 |
Pursuant
to the current structure of Value Added Tax (VAT) law
in Thailand, a buyer purchasing imported goods from
a seller in Thailand could get charged with double VAT;
The first time would occur when the purchase is first
made and the second time at the time of customs clearance.
To
prevent the double VAT, the Revenue Department issued
the Announcement of the Director General No. 80 dated
1 October 1998 setting out the guideline that the sale
of the goods may be excluded from the tax base if the
buyer pays VAT upon the import. However, to clarify
the application of VAT in these situations, the Revenue
Department issued Regulation No. Paw. 101/2000 dated
29 November 2000 which stated following guidelines:
1.
The sale of the goods from a seller in Thailand to a
buyer in Thailand may be excluded from VAT base only
if the buyer pays VAT under its own name when importing
such goods.
2.
If the buyer is entitled to import tax privileges and
no VAT is paid upon customs clearance, he will be subject
to VAT upon the purchase of such goods. This principle
is applied even if the buyer has an obligation to pay
VAT when importing but he chooses to place a bank guarantee
or collateral instead of cash payment.
3.
If the buyer has made advance payment to the seller
before he pays for VAT at the time of importation, said
advance payment is subject to VAT. Subsequent payments
incurred after the buyer has paid VAT upon importation
can be excluded from the VAT base.
4.
To claim the tax benefits, a copy of the receipt of
VAT payment to the Customs Department in the name of
the buyer must be kept with the seller.
These
guideleines will be applied retroactively to the sales
made before 1 October 1998. |
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BOT Notifies
Banks to Write Off Bad Debts
23 November
2000 |
The
Bank of Thailand (BOT) has issued a notification requiring
financial intitutions write off doubtful debts which
appear to be unrecoverable that have already made provisions
of 100 percent from the accounts immediately.
Subsequently,
if the financial institution is able to arrange a debt
restructuring with the debtors, the accounting framework
prescribes for the recognition of income once economic
benefits are realized and measurement is possible. Therefore
a financial institution shall recognize a loan loss
which it might revover later as income only for those
items which are likey recoverable and for which can
be reliably measured The financial institution shall
recognize loan loss which may later be be recoevered
(through restructred payments ) as income. Only the
amount of payment actually received may be listed by
the financial instiutions as income. |
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