Article | Finance area | Year 2017 | |
Enforcement Efficiency of Thai Insider Trading Lawsby Duangporn Arbhasil | |
Thammasat Journal 36(1), p.1-25 |
AbstractThe study aims to explore (1) enforcement efficiency of the Securities and
Exchange Act (SEC Act) B.E. 2535 (C.E.1992) on illegal insider trading during the 10-year
period (B.E. 2550-2559) based on prosecuted cases (2) enforcement efficiency of the said
Act during the past 10-year period and trends for enforcement efficiency of the amended
Act (SEC Act (No.5) B.E. 2559 (effective from December 12, 2017 onwards) on illegal
insider trading based on perceptions of interviewees. The findings are (1) low efficiency
of the SEC Act B.E. 2535 on enforcing illegal insider trading during B.E. 2550-2559
as indicated by the time-consuming proceeding of cases whereas the upward trend of
cases and increasing number of defendants seem to be inconclusive indicators of law
efficiency. (2) low to medium enforcement efficiency of the SEC Act B.E. 2535 and
medium to high enforcement efficiency of the amended Act as perceived by the group
of investors and non-investors. These perceptions somewhat differ from those of the law
experts who viewed medium to high efficiency of the SEC Act B.E. 2535 and high to
highest efficiency of the amended Act. The interviewees concurred that the amended
Act tended to be more efficient than the original Act since the amended Act was
equipped with: the clearer and broader definition of insiders, the presumption on
knowers/possessors of inside information which should lead to easier and quicker
proceeding of cases, and the harsher punishment measures along with the alternative
civil sanction. The findings support the concept that the enforcement efficiency of law
can be considered in terms of the rapidness of case proceeding and the compatibility
between punishment measures and the offence type
Keywords: Efficiency, Law enforcement, Insider Trading, Securities and Exchange Act, Civil sanction |