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SKN | Thailand Advances Bitcoin and Ether ETF Rules as SEC Opens Draft Regulations to Public Comment

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Thailand is moving closer to allowing locally listed spot Bitcoin and Ether exchange-traded funds, with the country’s Securities and Exchange Commission advancing draft regulations and proposing revised standards for foreign digital asset custodians.

Crypto ETFs Move Toward the Thai Stock Exchange

Thailand’s Securities and Exchange Commission (SEC) is seeking public feedback on two consultation papers that could establish a regulatory pathway for crypto ETFs traded on the Stock Exchange of Thailand (SET). The initiative marks another step in Bangkok’s effort to develop Thailand as a regional digital asset hub while strengthening the infrastructure needed to attract institutional capital.

Under the proposed framework, asset managers would initially be permitted to launch passive ETFs tracking only Bitcoin (BTC) and Ether (ETH). Each ETF would track a single cryptocurrency and would be required to maintain average net exposure of at least 80% of its net asset value to that asset during each accounting year.

The products would trade exclusively on the Stock Exchange of Thailand, creating a regulated exchange-listed route for investors seeking exposure to the two largest crypto assets without directly holding them.

The proposed rules would also permit Thai mutual funds and private funds to invest in locally domiciled crypto ETFs, alongside certain foreign crypto ETFs already permitted under existing investment rules. However, alternative products linked to foreign crypto ETFs, including depositary receipts, would not initially be allowed.

Custody Becomes a Central Regulatory Issue

The SEC’s revised custody approach reflects one of the main areas of feedback following its earlier consultation in April. The regulator said most respondents supported the broader ETF framework but raised concerns surrounding the custody of digital assets.

Under the revised proposal, Thai crypto ETFs would primarily be required to use onshore digital asset custodians. The SEC could nevertheless permit qualified foreign custodians when circumstances make such arrangements necessary and appropriate.

A separate consultation covering foreign custodians would require overseas providers serving mutual and private funds investing in digital assets to be supervised by a regulatory authority with appropriate legal powers. They would also need to meet investor-asset protection and regulatory standards deemed adequate by the Thai SEC.

Thailand Targets Institutional Crypto Adoption

The proposed ETF framework could broaden access to Bitcoin and Ether by placing crypto exposure within a familiar securities-market structure. For institutional investors, the significance extends beyond the underlying assets: regulated custody, exchange listing, and fund structures can reduce operational barriers that often complicate direct digital asset ownership.

The strategy also reflects growing competition among Asian financial centers seeking to attract blockchain businesses and digital asset capital. Thailand is attempting to position regulation as part of its competitive financial infrastructure rather than treating crypto solely as a speculative market.

Investor behavior could also shift as regulated products become available. Investors who remain reluctant to interact directly with crypto exchanges or self-custody solutions may find exchange-traded products more accessible, potentially expanding the market for regulated Bitcoin and Ether exposure.

Public Consultation Sets the Next Milestone

The SEC is accepting public comments on both consultation papers until September 20. The feedback process will determine how the proposed rules evolve before any final regulatory framework is implemented.

For Thailand, the opportunity is significant but comes with regulatory and market-structure risks. A credible ETF regime could strengthen the country’s position in Asia’s digital asset industry and channel institutional capital into regulated products. At the same time, custody standards, investor protection, market liquidity, and the treatment of foreign service providers will be critical to maintaining confidence.

If the framework progresses, Thailand could become one of the more prominent Asian markets offering regulated exchange-listed access to Bitcoin and Ether. The next phase will depend on whether the SEC can balance accessibility with the safeguards required for institutional adoption.

 

 

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