The Office of Securities and Exchange Commission conducts public hearing on filing fee deduction using expenses regarding carbon footprint

Per the Office of Securities and Exchange Commission’s (the “SEC Office”) commitment to Environment, Social, and Governance (the “ESG”), the SEC Office have opened a public hearing on a draft of SEC Office’s Notification Regarding Measures in Filing of the Annual Registration Statements and Registration Statement for Securities Offering for the Companies Disclosing a Carbon Emission Information (the “Draft”) from 20 October 2023 to 18 November 2023.

This is to extend the SEC Office’s commitment on ESG as shown in the previous notification of the SEC Office Sor Mor. 18/2564, which, in brief, have supported a company on the expense on the Cabon Footprint Assessment Registered Verifier (the “Verifier”) for the disclosure on the filing of Annual Registration Statements (the “Form 56-1”) and the filing of Registration Statement On Securities Offering (the “Filing”) by allowing the company to be able to use such paid expense to deduct the fee made to the SEC office but not more than the actual amount or THB 50,000, which effect will come to the end by 2023.

Accordingly, the Draft provides the continuation of allowed deduction in the same manner until the year 2026 for the Filing submission and for the years from 2023 to 2025 submission of the Form 56-1, with minor important additions. Firstly, the fee paid on the registered consultant for preparation of carbon footprint is also claimable in addition to that of the Verifier. Secondly, a public company that operates business of a holding company can claim the fee deduction from the expense e of the operating company. Thirdly, there is a timeframe in which the company can claim for deduction, which is on the date of filing of the Form 56-1 unless necessary and appropriate reason is provided and from the date of application of public offering of newly issued share to the effective date of the Filing.