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153

Derivatives Investor Protection Fund

In 2012 the board of directors of Thailand Futures

Exchange Public Company Limited (TFEX), a subsidiary, has a

resolution to establish the Derivatives Investor Protection Fund

(DIPF) and approved an appropriation of Baht 50 million as

an initial fund.

The DIPF was established on 15 November 2012.

The objective of the DIPF is to provide protection for derivatives

contracts investors in accordance with the rules prescribed by

TFEX. Investors need to be protected must become customers

of DIPF members and is a Thai natural person, a juristic person

incorporated in Thailand who is not an institutional investor

under the Derivatives Act B.E. 2546 (2003). As at 31 December

2015, there were 42 DIPF members from security companies

(2014: 42 DIPF members).

Assets of the DIPF consist of the Company’s initial capital,

admission fees and contributions collected from members of

the DIPF, and yields or benefits obtained from the proceeds

and assets of the DIPF after the deduction of expenses for

the operation of the DIPF. At the time of its establishment,

theDIPFwill have assets worth no less thanBaht 100million, which

consists of initial capital of Baht 50 million from the Company

and admission fees and contributions from DIPF members in

the rest to make the total of Baht 100 million. The Company

may collect additional sums of money as it deems necessary

and appropriate.

DIPF will protect the investors’ assets which are in

the custody of the securities brokers who are members of the

DIPF. In the event that the members of the DIPF fail to return

the assets to investors, each investor shall be compensated by

the DIPF for the related damages at the actual cost, but not

exceeding Baht 1 million per DIPF member, in the following

cases:

1) if any DIPF member is in receivership under the

Bankruptcy Act or

2) if there are disputes concerning the purchase

or sale of securities listed on the SET between investors

and any DIPF member, and the arbitrator’s award is that

the DIPF member shall return the assets to investors, but the

DIPF member violates the award.

The protection will not include any losses from derivatives

trading regardless of who makes the investment decision.