Thailand – SEC Merger, Takeovers, Acquisition Updates

Thailand – SEC Merger, Takeovers, Acquisition Updates

On 1 May 2022, Thailand SEC's notification of tender offer becomes effective.

Background:

  • On 30 March 2022, Thai SEC issued criteria for requesting a waiver from a tender offer; and a transaction form and timeline for preparing an opinion on the tender offer.
  • Point to make a tender offer for securities means the holding of shares in an amount stipulated that the shareholders are obliged to make a tender offer for all securities.
  • A person who wishes to apply for a waiver must proceed before the business sends the book to arrange a shareholders' meeting to request approval for the issuance.
  • The issuance of new securities for sale to such persons and consent to that person.
  • The entity may not make an opinion on the new tender offer in the case that the offeror amends the offer for the better, then the company should consider the offer.
  • When the business receives a copy of the tender offer from the tender offeror the business shall provide an opinion on the tender offer in accordance with form 250-2.
  • This form must be submitted to the office with a copy sent to the stock exchange and all shareholders of the business as listed in the register within fifteen business days.
  • This is within 15 days from the date the business receives a copy of the tender offer.