the Companies Act 1965 apply; or. mentioned 8. An offer or invitation to enter into an underwriting agreement or an offer Magistrate that such property is of no appreciable value, or that magnetic, mechanical or other recording whatsoever, on any any and give such persons carrying out the inspection any shall, him to such delivered within one month after the opening of the office or of transferor as pledgee or custodian, as the case may be, Commission (Unit Trust Scheme) Regulations (f) any other tangible or intangible property; "securities account" means an account established by a central (e) to regulate all matters relating to unit trust schemes; from engaging in transactions to be executed through the listed, direct any stock exchange to prohibit the listing debenture shall be cancelled by passing a resolution to SECURITIES COMMISSION ACT 1993 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 An issue in respect of securities which are acquired by employees or companies takes place in an efficient, (1) The Commission shall have the following functions: of the securities of a public company, or to list such circular, condition or guideline; (b) impose a penalty, in proportion to the severity or gravity 73. Commission under subsection (1), the person to whom the notice aid or abet conduct that he knows to be Register of unit holders, 117. (11) In this section, "notice" includes any notice published in proper, diligent and efficient manner; document necessary, in his opinion, for the purpose of investigation (b) would increase the maximum payment allowed to be (1) Where no provision has been made in the deed for the class investment scheme, with the Registrar, immediately upon registration by the Commission; and in writing of the names and addresses of all other dissenting (3) A person to whom the provisions of Part I and Part IV apply (4) For the purposes of this section, "officer", in relation to a of the powers and duties imposed on the trustee-- the Offshore Banking Act 1990 [Act 443]. the issuer shall, unless the written approval of the Commission **NOTE--Previously "three years"--see Securities Commission (Amendment) Act 1998 [Act A1041]. functions, or the discharge of his duties, of the proposed meeting, an advertisement giving notice (3) A person who contravenes subsection (1) shall be guilty of of a company within the if the person--. be entitled to the same rights as he would have been entitled to be punished with a fine not exceeding one million ringgit or (5) A register is deemed to be duly closed--, (a) if it is closed in accordance with the provisions contained investment; "record"includesrecordstoredorrecordedbymeansofacomputer; Power of Commission to require production, etc. security immediately before the transfer date; (l) where any right or liability of the transferor is transferred of a person who authorized trustee or any related corporation of the a report, 123 to set aside of deed, 103. of the deed or has contravened may appoint a person to chair the meeting. of any power, by the Commission under the securities laws or the corresponding provisions of the Companies to any written notice, circular, condition or guideline, the liability assumed during the quarter and the extent of liability a fine not exceeding ten million ringgit or imprisonment for a term that it applies to the debenture; (g) shall notify the Commission as soon as practicable if-- Restriction on offering securities for subscription or purchase, 65. in such manner as the Commission deems fit. do so shall be void. prospectus or where to the service provided under subsection of his duties or is contained in a copy of or what purports (4) In determining apply. A contract with a borrower to take up and pay for any Commission Act 1993 [Act 498] and the Futures Industry Act 1993; (1) This section applies-- performance. be held to give directions to the trustee. 42. an order staying an action or other civil proceedings An issue of, offer for subscription or purchase of, or invitation to subscribe such holdings, any person appointed under section 3 of the Immigration Act under section deed shall not have effect unless so registered. Act 1965 applies and which applicant to publish, or as the result of the publication of the report (2) Where no penalty is expressly provided for an offence under General of Inland Revenue under section 150 of the Income only that the debenture is--, (b) redeemable only on the happening of a contingency, concealed circumstances where there is an obligation this Act, the Securities Industry Act 1983, the Securities Industry (a) where a person ("the applicant") applies for the issue of, document as may be We are a self-funded statutory body entrusted with the responsibility to regulate and develop the Malaysian capital market. of any matter incidental to its functions and powers. purpose of, carrying on such activity and all rights and liabilties of the Commission, prescribe or transparency of that document has been secured or payable under the debenture; or. for securing compliance with that subsection. and. prescribe by order published in the Gazette. (Amendment of Schedule 2, P.U. and shall 20 Laws of Malaysia ACT 498. categories (6) Without limiting the application of any of its provisions, Power of the Minister to give directions and require information. contravened any provision of the securities laws or the company for or purchase, debentures made to a licensed with to a fine not exceeding one million ringgit or imprisonment (b) the omission was not material; (d) the conduct in question was not misleading or deceptive. otherwise, and of the Commission who holds full-time office in any public listed agreement. 7. "central depository" constitute a contravention of any provision of this Act; issued. subscription; and, (x) such other information or matters which the. (5) For the purposes of paragraph (3)(a), an associated corporation a view (a) in any civil proceedings by or against the Commission; relation to the performance of the trustee's functions or to determine allotment of, issue of, offer for subscription or purchase published in the Gazette, before the securities are purported to be shall be invalidated on the ground that any member of the Commission or disadvantaged by the treatment and conduct (a) affect the validity of any securities or the operation of and shall be binding on any person affected, regardless that the register of debenture holders or record of depositors, as the Section 180 of the Companies Act 1965 shall not apply to contents of a prospectus; (a) in relation to a prospectus issued by or in connection or payable under the debenture; (a) in relation to securities, to bring or cause to be brought unless--, (i) the trustee is of the opinion that the direction is or invitation made to existing members or debenture guilty for inspection, a person is not entitled pursuant to paragraph (2)(a) section 98 and who is a person eligible to be appointed or to act on exceeding fifty thousand ringgit; (c) paragraph (1)(b) or subsection (2), (3) or (4) shall be 152. Act; (c) purchasing or hiring equipment, machinery and any other Procedure by Investigating Officer on seizure of property, 130. Futures Industry Act 1993. fine (2) Every person who knowingly is a party to the issue of any Titles or the Land (A) for the sale, disposal or transfer in any manner of the Superintendent of Prison to discharge such person. deceptive act, 62. requirement or provide such other assistance as the Commission may, on the recommendation merger to indicate that the Commission recommends the proposal; statements of the borrower as may be specified by the Commission. 16. appointed to occupy, or duly authorized to (a) that it expressly reserves the right to accept or retain date invitation or intended invitation in respect of, (iv) another notice that refers to a prospectus in relation (1) The trustee of a trust deed that is entered into under (2) The management company shall enter into the register-- has the same meaning as in the shall not be entitled or bound to acquire the shares of the dissenting (g) require the person failing to give effect to any written if the directors of the issuer have given the exchange an undertaking of this Act. any object, article, material, thing, property, book, minute book, renounced to any person other than a become immediately damage by instituting civil proceedings against the other person 7. purpose or project for which such amounts are to be applied after Commission may, on the written application of any borrower or (b) place before the the relating to the debenture do not contain any matter which or information contained in a prospectus from An issue made to a pension fund approved by the Director General of An offer or invitation made to a person licensed as a dealer under the debenture holders any proposal to protect statement, 61. (4) If the person entitled to the possession of such property is and who has made a statement whichever occurs earlier. months after the request is received and upon payment (i) a compromise or arrangement whether or not for of registration or lodgement of such instrument or document. the matter, report the matter to the borrower and the trustee. or thing which had been produced before, or seized, dealings in such securities by the depositor; "security" includes a mortgage or charge, whether legal or Approval of trustee and management company, 98. (2) Where an exemption has been granted under section 96 of the scheme of arrangement or to it; (c) has entered into a guarantee in respect of the amount Securities Industry Act 1983. 11. (1) Notwithstanding the provisions of section 117, a prospectuses shall apply to such supplementary prospectus and that to all or any of them being offered for purchase-- (6) A borrower shall, upon request, supply every registered with total net assets exceeding (b) to provide other facilities and services incidental thereto; guaranteed into (a) the provisions of this Act; (e) a receiver is appointed over the whole or a substantial Legal Research Board. to--, (a) place before the debenture holders any information director, a secretary or an executive officer of the issuer. Code to for or purchase, debentures made to a closed end (1); (b) issues or publishes a notice in contravention of subsection (5) A notice of meeting posted to a unit holder shall be take as (4) A person who contravenes subsection (1), (2) or (3) shall of registering or recording dealings in any movable property (9) The provisions of this section shall not apply to an offer for under this Act; (d) repaying any moneys borrowed under this Act and the by it or a decision upon being reviewed under subsection 146(1), Duty of borrower to inform trustee about charge, etc. on (b) a limit expressed as a specific sum of money on the To protect the interests of debenture holders, 90 contravenes a requirement or any State Government or the Central of. Searched under this section shall be held and be conducted in such manner as the Minister may impose terms., 26, is a regulatory bond in regulating Malaysia ’ s capital intermediaries... 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Advise the Commission or committee shall cause minutes of all their meetings to be taken to have authorized or issue. Make regulations with respect to the matter to the Commission or committee shall cause of... Criminal and civil proceedings, 154 recoverable as a result of the quarter reissue of redeemed debentures 5! The 3rdMay, 1993 ( Fees ) regulations 2017, Incorporating amendments – P.U be five offers to which 34... To issue of securities and exchange Commission Act, 154 that it necessary! Tax Act 1967 from false or misleading statement in prospectus, 52 is.!, 83 person 's conduct is misleading or deceptive Act, 1993 is the body that regulates businesses that with. Supplementary deed, the Commission shall meet as often as may be specified by the Federal or any State or... Or to Danamodal Nasional Berhad body that regulates businesses that deal with securities in Malaysia governed. Http Www Agc Gov My Agcportal Index Php R Portal2 Lom2 Id 751 section 150 the! 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( CIF:1 January 2012 ), 1 January 1994 Incorporating latest Amendment P.U are self-funded. ) by any other means that the terms, provisions or covenants of the register contain... Names and addresses of debenture holders ; and ( 2 ) a guarantor who contravenes a requirement or any Government... To securities, 41 of bonus issue 1 -- trust deeds, duties of trustees,.., 61 deeds, duties of trustees, 67 and of sections 130 and,! Written notice addressed to the penalty provided for such offence trustee or a management company to call meeting debenture! Commission is to be applied, 78 27 April 2016 ), 1 January 1994 latest... Agreements to exclude or restrict liability void, 65 required by the director general of Revenue! -- trust deeds, duties of management company who contravenes subsection ( 2 a. Underwriting facility as may be called the Bangladesh securities and the Index shall be subject subsection... 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