Market Link Guide - Thailand
CSD link as defined under CSDRa
Type of link
a. CSD Regulation (EU) No 909/2014 art. 2 (29)
|Name||The Thailand Securities Depository (TSD)||Standard Chartered Bank (Thai) Public Company Limited|
|Country of incorporation||Thailand||Thailand|
|Legal account name / holder|
TSD: Securities registered in name of “Thailand Securities Depository Company Limited for Depositors”. At book-closed date, the ownership of securities will be disclosed at the account holder level (that is, Clearstream Nominees Limited).
In the books of the TSD, Standard Chartered Bank (Thai) Public Company Limited, as a TSD participant, maintains a segregated depository account in the name of Clearstream Nominees Limited.
|The securities are recorded in the name of Clearstream Nominees Limited in the books of Standard Chartered Bank (Thai) Public Company Limited.|
|Settlement free of payment||Yes|
|Settlement against payment||Yes||Eligible settlement currency: Thai Baht (THB).|
|Settlement against payment in central bank money account of CBL/CBL customers||No||CBL holds a cash account at the custodian. Settlement against payment is conducted on the account of custodian at the local central bank.|
|Settlement penalty fees||Yes||Refer to the Market Profile.|
|Back-to-back processing||Yes||Book-entry securities only.|
|Multi Market Securities||Yes||Refer to the Multi Market Securites Guide.|
|Lending and borrowing||No|
|Liquidity Hub Connect||No|
|Sale and purchase of rights||No||Rights not tradeable.|
|Repo services||Yes||CBL internal settlement.|
|Market restrictions||Yes||Refer to Investment Regulation.|
The below section is based on the legal opinion obtained by CBL that was issued on 22 May 2019. The information is provided for guidance only and should not be considered in isolation or as constituting a complete or definitive legal advice on any specific matter.
No insolvency proceedings against the custodian
Custodian’s liability for negligence
Book-entry regime with in rem rights
Recognition of nominee concept
Confirmed. For the sake of clarification, Clearstream will be recognised as the account-holder of the account held in its name at with the custodian. The laws and regulations of Thailand recognise the nominee concept but do not distinguish between legal and beneficial ownership of securities and assume that a person whose name is recorded in the register book is the owner of the relevant securities. Therefore, securities held in the account(s) in the name of Clearstream at the custodian in Thailand will at all times be vested in Clearstream unless it is recorded in the share register book that Clearstream holds the securities on behalf of its underlying customers or it can be be proved (either by contractual arrangement or otherwise) that Clearstream only holds such securities for the benefit of its underlying customers
No right of retention to the custodian
Segregation of assets at the custodian
No right of use of the custodian
The custodian must be liable to Clearstream for any loss or damarge arising from the use for any purpose of securities that belong to Clearstream (notwithstanding that such loss or damage is caused by force majeure, except if the custodian proves that the loss or damage would have happened anyway).
No upper-tier attachments
To the extent that Clearstream is holding any securities in the account(s), kept by the custodian, as a nominee for its clients, such securities are not liable under the laws and regulations of Thailand to be taken in execution against (i) the custodian by creditors of the custodian or (ii) Clearstream by creditors of Clearstream or creditors of Clearstream’s customers under the order or process of a court.
Insolvency of custodian with no impact on CBL's rights
Confirmed. Cash held by the custodian will only give rise to an unsecured claim against the estate of the custodian on insolvency.
Shortfall pro-rated among holders
Thai law does not have this concept as it does not exist under Thai law.
Settlement finality in case of insolvency
Thai law does not currently have a finality legislation in this regard.
|Record keeping period of at least 10 years||Confirmed|