You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 23, 2016

Thailand: New Regulations for Financial Institutions on Accepting Deposits and Receiving Money from the Public

The Thai government recently promulgated new regulations for financial institutions on accepting deposits or receiving money from the public. The regulations aim to enhance the security and stability of these processes, and therefore improve the credibility of commercial banking business.

Under Bank of Thailand Notification SorNorSor 7/2559, financial institutions must set up mechanisms to ensure effective and accurate identification and verification of their customers, commonly referred to as “Know Your Customer” (KYC).

The regulations impose strict requirements and restrictions on accepting deposits of money or receiving money from the public via electronic means. This service is now restricted to natural persons, and financial institutions that provide this service must ensure that their e-KYC is available and effective. Risk management must also be improved.

The standard of the identification and verification process must be the same as services rendered to customers who are physically present at banks. If customers are not available in person, financial institutions must use electronic devices, such as video conferencing equipment, to enable bank officers to interview and observe a customer’s behavior on a real-time basis.

If financial institutions accept deposits of money or receive money from the public through a virtual teller machine, kiosk, computer, or other electronic device, they must examine the information and identification documents of their customers by using a smart card reader. They may use the government’s identification and verification system or its fingerprint verification system, together with their smart card reader, to be more accurate.

In addition, if financial institutions accept deposits of money or receive money from the public through applications prepared by themselves and run on the electronic devices of their consumers, including mobile phones, they must use the government’s identification and verification system together with its fingerprint verification system.

Financial institutions have until the end of this year to improve their internal systems, standards, and risk management. As these changes come into effect, both commercial banks and their customers will need to be prepared for a much higher level of scrutiny when financial institutions accept deposits and receive money from the public.

If you have any questions about these regulations or other banking-related matters, please contact Cynthia M. Pornavalai at [email protected] or +66 2653 5559.

RELATED INSIGHTS​ 

June 27, 2024
On May 17, 2024, Thailand’s Anti-Money Laundering Office (AMLO) issued an amended Notification Concerning the Rules for Designating or Reviewing the List of High-Risk Customers Who Require Close Monitoring under the Ministerial Regulation on Customer Due Diligence B.E. 2563 (2020). This notification, which took effect the following day, updates the previous version of the notification from 2022 to cover cybercrimes listed under the Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes B.E. 2566 (2023). The amended notification sets out the steps that all financial institutions in Thailand must take to manage money laundering risks and to comply with the AMLO’s mandatory Guidelines on Customer Due Diligence. Under the new notification, account holders suspected of engaging in or facilitating technological crimes, as recorded by the Anti Online Scam Operation Center (AOC), are to be classified as “high-risk persons.” The notification includes provisions for listing high-risk customers under two specific codes: HR-03-1: This code applies to individuals who are the subject of either a petition or a complaint related to a predicate offense accepted by the relevant inquiry officer and recorded as a criminal case. It also covers individuals whose bank accounts are suspected of being used to conduct transactions related to crimes under the Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes B.E. 2566 (2023), with victims seeking prosecution. The names of individuals in this category are received from responsible agencies according to the Criminal Procedure Code or the AOC and are documented in a publicly accessible online notification system. HR-03-2: This code is for individuals involved in the commission of a predicate offense or those whose bank accounts are suspected of being used in such offenses, but whose cases have not been accepted or numbered by the relevant inquiry officer. Names
June 26, 2024
Tilleke & Gibbins’ Fintech Law in Southeast Asia provides fintech operators and service providers with an overview of relevant regulations across all of our full-service jurisdictions—Cambodia, Laos, Myanmar, Thailand, and Vietnam.
June 19, 2024
Vietnam’s financial landscape is set to further transform on July 1, 2024, when the government’s long-awaited Decree No. 52/2024/ND-CP dated May 15, 2024 (“Decree 52”), will officially replace Decree No. 101/2012/ND-CP dated November 22, 2012, on non-cash payments (“Decree 101”). Decree 52 marks an important milestone by introducing the country’s first-ever legal definition of e-money. In addition, the decree brings forth new updates to regulations governing payment and intermediary payment services, laying the groundwork for more comprehensive guidance that will be provided in draft circulars now being developed by the State Bank of Vietnam (SBV). Non-Cash Payment Instruments The new definition of non-cash payment instruments under Decree 52 expands upon the previous definition in Decree 101. Notably, it clearly specifies the issuing entities as payment service providers, financial companies licensed to issue credit cards, and e-wallet service providers. Additionally, the new definition further clarifies that bank cards include debit, credit, and prepaid cards, and adds e-wallets to the list of non-cash payment instruments. Unlawful non-cash payment instruments are still defined as those that are not otherwise specified. E-Money Prior to Decree 52, the concept of e-money lacked a precise legal definition, despite its growing prevalence in forms like prepaid cards and e-wallets. The absence of a clear framework for e-money led to confusion with terms like “cryptpcurrency” and “virtual currency” and left significant ambiguity on whether e-money includes certain instruments, such as online game cards and mobile money. Decree 52 addresses this issue by clearly defining e-money as value in Vietnamese dong (VND) stored electronically and prepaid by customers to banks, foreign bank branches, and e-wallet service providers. It also specifically designates e-wallets and prepaid cards as types of storage mechanisms for e-money. Non-Cash Payment Services Decree 52 categorizes non-cash payment services into services with and without client payment