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TheCorporateCounsel

TheCorporateCounsel.net

A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

DealLawyers

DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

Section16.net

Widely recognized as the premier online research platform providing practical guidance on issues involving Section 16 of the Securities Exchange Act of 1934 and all of its related rules.

PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

The fight against greenwashing in finance never ends. Countries and stock exchanges the world over are looking for new ways to keep ESG investments honest. ESG funds are still popular among many investors. However, how funds define ESG and investor expectations don’t always align. The Thai SEC is working on new ESG fund rules to help bridge the gap and present relevant information to investors. They describe these rules in a press release:

“The Securities and Exchange Commission (SEC) is seeking public comments on draft regulations to enhance sustainability-related disclosure requirements for Sustainable and Responsible Investing Funds (SRI Funds). The proposed amendments would require Thai ESG and Thai ESGX Funds that invest in shares of listed companies participating in the Listed Company Value Creation Support Program (JUMP+ Program) to disclose information on such investments and the progress of such companies in the fund factsheet. The aim is to provide investors with relevant information to support their investment decisions and enable them to better monitor the management of their investments. The proposed amendments would also increase flexibility for SRI Funds in changing reference ESG benchmark for SRI Funds.”

Regulators are torn between two general approaches: prescriptive and disclosure-based. Prescriptive laws lay out exact criteria funds need to meet to label themselves “sustainable.” This method ensures stronger consistency between funds but offers little flexibility. The disclosure-based schemes allow funds to label themselves as sustainable, but require that they clearly disclose their methodologies and rationales. This provides funds with more flexibility to define sustainability as they see fit. However, it offloads a considerable amount of research and due diligence onto the investors. These proposed Thai ESG fund rules would move the market closer to a disclosure-based framework.

Our members can lean more about sustainable finance here.

If you’re not already a member, sign up now and take advantage of our no-risk “100-Day Promise” – during the first 100 days as an activated member, you may cancel for any reason and receive a full refund. But it will probably pay for itself before then. Members also save hours of research and reading time each week by using our filtered and curated library of ESG/sustainability resources covering over 100 sustainability subject areas – updated daily with practical and credible information.

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The Editor

Zachary Barlow is a licensed attorney. He earned his JD from the University of Mississippi and has a bachelor’s in Public Policy Leadership. He practiced law at a mid-size firm and handled a wide variety of cases. During this time he assisted in overseeing compliance of a public entity and litigated contract disputes, gaining experience both in and outside of the courtroom. Zachary currently assists the PracticalESG.com editorial team by providing research and creating content on a spectrum of ESG… View Profile