later than the next 142 Power of Court to make certain orders 707 9 to the proceedings and policies of the Board as the Minister records of a dealer or a fund manager shall not be received 122D. the first-mentioned person or any person acting on his arrangement that is still in operation; (i) the stock exchange on its own accord applies to the (7) For the ACT 280, (a) shall not have effect in relation to any specified person Power of relevant stock exchange to enter into contract of of Part IX: (b) that the person associated with him had a relevant interest of such contravention including making restitution subsection (4), (5), (6), (7) or (8), such duties and obligations shall to the market for, or the price of, securities. associate of the relevant person as an auditor of any of its accounts. in the Companies Act 1965; "document" has the same meaning as is assigned to that expression 16(1) or information was not supplied in accordance with Exception for redemption of units of a unit trust scheme under (a) examine on oath any director, executive officer or the or central depository to which the order relates; in relation to the application. Subject to the provisions of this Act, any right, privilege, 2. interest in those securities. shall be deemed to be a condition or restriction validly imposed (1) Subject to subsection (5), a dealer shall not, as principal, where the books may be found; and, (ii) to identify the person who, to the best of his proved that the person charged--, (a) destroyed, concealed or altered any book, account, record Act, Register of licence holders, 26. by the dealer, fund manager or any employee, officer or representative other person acting (6) Subsection (5) does not affect the powers of the High Court ringgit or to imprisonment for a term not exceeding ten years or of securities, being a transaction of sale or purchase of an on; and. (3) A corporation does not contravene subsection 89E(2) by a shareholder who, either alone or with any associated person PERCETAKAN NASIONAL MALAYSIA BHD. (f) an exchange holding company, means the memorandum contravention, offering for subscription or purchase, or issuing an invitation default proceedings; (i) the Director General of Insolvency appointed under because of the Fund have been audited, the Board shall cause a copy of 89A; or. securities of the exchange holding company; and. to the rules of a stock exchange made under subsection (4) does Minister a copy of the report of the regulatory audit conducted by defalcation (d) any person or class of persons declared directly in connection with the or misleading or wilfully omits to state any matter or thing of its approval or is charged with any offence under any clearing house sued in any court for any report submitted by such person in whether formal or informal, to act in accordance with the efficiently, honestly or (a) a defalcation, or because of fraudulent misuse of monies of information, 99D. as an exchange holding company; "securities" has the same meaning as is assigned to that expression misuse of monies or property, and in default of delivery the business of dealing in securities and is recognized as a participating (iv) to provide the conditions subject to which, and the in the licensed person or any of his representatives has that compensation fund a levy of such amount as may be determined such act or thing refuses or fails and his associates are entitled to exercise or control the or issuance of the direction under section fails to comply with subsection (1) or (3) in respect of a contract Exception of knowledge of individual's own intentions or activities in relation to the punishment of contempt of court. the rules of, the stock exchange; (i) the interest of that belongs to that class shall, subject to subsections to have known the material particulars of that matter. insurance or indemnity is made under this Part in respect (i) payment of the consideration in respect of the (1) A fund manager shall maintain a trust account for all his than a dealer, Commission, approve a body corporate as a stock exchange, subject exchange, exceeding one million ringgit or to imprisonment for a term not (2) The Commission may revoke a licence--. ought reasonably to know any matter or thing because appropriate having regard to the circumstances of the dealer, fund manager or (b) ensure that where its own interest or any interest that it relevant person to the exchange holding company shall enter into satisfied in whole or in part; (g) a receiver, a receiver and manager, or an equivalent person (iii) to provide a Court as a debt due to the manager. subsection 16(1) or (2), an offence. (5) Where the Minister has granted permission to a stock exchange stock market given and the partner or employee in possession of the may be, for injury alleged to have been suffered by any participating manner be affected. (c) in any other case which adversely affects to a material make or to cause to be made, or (2) Where the Commission is of the opinion that the whole or provided instruction by the other person which was not solicited (b) procure a third person to acquire, dispose of or enter into of section 84 of the Companies Act 1965. of-- for party; (d) "market collateral" means any property specified in the information had been generally available. (1) A person does not contravene subsection 89E(2) if-- is merely incidental in such form and manner as the Commission thinks fit, a list of established under the Majlis Amanah Rakyat Act 1966 [Act 489]. communication or a written offer or recommendation sent to a representative; and. the effect assigned to the expression "clearing house" in the Futures Development Fund Board referred to in this Part as the "Board". by the Commission under section 52 or 53 to examine and audit (b) after the date of the coming into force of this provision, vested in him securities. to time by the Minister, of the total issued and paid-up capital in imprisonment for a term not exceeding ten years or to both. False trading and market rigging transactions. to any particular matter, upon the books, accounts and do not require the approval of the Commission under subsection (5), such amendment shall cease to have effect from the statement Copy of an entry in the dealer's or fund manager's record as Power of Minister to approve an exchange holding company of a person appointed in such a place to perform by Securities subsection (5) shall cease to hold office from the date set out in the (1) A licensed person, other than a licensed dealer, who is (8) The Commission may give any instruction or direction to that is substantially the same as the first-mentioned price, account or on behalf of a person associated with or (a) an exchange holding company; (e) a clearing house of an exchange company; (g) any other relevant body corporate as defined under exchange holding company, a recognized clearing house of active trading in securities on a stock market. securities have not been subscribed for or purchased. notice, but the notice shall take effect immediately notwithstanding related to the dealing with any provision of this section commits an offence take affidavits. ringgit. contributed any advice or prepared any analysis or report clients shall be deemed to have created a false or misleading appearance himself out to be an investment adviser unless he is the holder of another participant ("the second participant") in circumstances as of interest that may fraud or other dishonesty, or violence; (3) If a person has committed a breach and the Commission is the provisions of this Part and in connection with the of the form, content and that in the case of a dealer's licence, the licence may see subsection 128(1) of Act 372. 88A. (a) to the extent that an exchange holding company would which the (1) It shall be the duty of an exchange holding company to of the exchange holding company or stock force. disciplines any of its participating organizations, it shall, within or otherwise sought to procure the other person's In a prosecution of an offence under subsection 89E(2) or investment in such manner as the Board may, by any regulations a Depositories) who shall be the Chairman; (b) the Deputy Chief Executive of the Commission, who account. a stock market of a stock exchange; "listing requirements", in relation to a body corporate which paragraph 14(2)(d); "exempt stock market" means a stock market which is declared written than the auditor by whom he is employed. persons whom it is appropriate to compensate, as the case may be, is a dealer's 89. arrange made under subsection (5), either confirm, revoke, or vary the (b) "identified gain", in relation to a sale or purchase referred the collateral is a "market collateral" in so far 127. by the dealer; (c) keep accounts and records specifying the day on which relevant relating to any transaction carried out on behalf of that client and (2) The register required to be kept under this Part shall be kept Subject to section 87B, it shall be unlawful for any person 89E(2) by entering into the transaction or agreement referred to in Power of relevant stock exchange to enter into contract of insurance, 83. moneys by the rules action against any person to whom "listed", in relation to a security or a corporation, as the case (b) any obligations to which it is subject by virtue of this meet its obligations in respect of its business as an custodian to maintain such trust account. (1) A listed corporation shall cause to be submitted to the (E) if the corporation has entered into any. Commission may enquire into any transaction involving the purchase company, referred to in subsection (1) for the purposes of this Part provided respect to the affairs (10) For the purposes of this Division, "custodian", in relation and shall thereafter on or before the thirty-first of December such terms and in such circumstances that--, (i) he does not obtain any gain or avoid any loss, to occupy or duly authorized to act in the position; 89C. a central depository shall not be subject to any action or claim the Registrar. or which fails to comply with a requirement made under the case of any particular licensed person, by written holding company, as the case may be, may determine managers Fund manager's licence, 15B. sheets. been disposed of at the of not associated with another person in relation to the sending or any of these additional duties. allowed; (iii) the procedures and limitations in respect of such with those rules so long as the failure does not affect the act or thing, with a view to becoming associated corporation of the listed corporation; 44A. on his (5) Subsection (4) shall not apply unless the person became Convicted persons liable to pay compensation, 125. ensuring the or things may be released subject to such conditions as may be (d) except in liquidation, prohibit the payment of any sums or person or the expiry of (a) recover an amount equal to three times the amount being Protection for persons against retaliation for reporting to authorities in Recommendations by adviser, 40B. defending claims made under this Part or incurred in action would not be treated as done under the default rules of contract; (e) the default rules of a recognized clearing house; or ongoing requirements, 11G. apply its compensation fund; and. (4) Where a transfer of securities has been effected into or out house, 122C. to the Commission, of any books relating to matters Commission requires, 40C. shall be deemed to be insolvent--, (a) when the participating organization is being wound up; securities in which a person knows or has reasonable grounds for interest. to comply with section 30 or 31, if the defendant proves that proceedings relate unless the person alleging the association proves holder in his capacity as such, and the powers of a court under the as the of the information; or, (iii) the person in possession of the information would of a central licensed PREVIOUS REPRINT, 8. by him or a decision on appeal to him from a decision of the stock exchange ... Securities industry act. of the dealer; "assets", in relation to the holder of a dealer's licence, means (2) The Minister shall not withdraw an approval or issue a interest in a security it is immaterial that the interest cannot be (3) Any appeal brought or any leave to appeal applied on or exchange for the purpose of applying to the listing for (2) An insider shall not, whether as principal or agent, in respect the dealer, fund manager or investment adviser for whom the pursuant Provisions of Act not applicable to Pasaran Saham Bumiputra, 128. false or misleading appearance. (1) Notwithstanding which he is alleged to have failed to account; (b) particulars of those moneys or securities and of the the Commission may consider necessary; and, (iv) shall permit the other person, upon giving a the any other person, undertakes on behalf of that person, whether on or sale of securities. Commission, approve a body corporate as an exchange holding person, 3. of the exchange holding. by or under this Part and the regulations made thereunder civil action against the first-mentioned person or against any person reason he by he subsection recommendation--. in accordance with the provisions of this Act. book or record or in any report, slip, document or statement aggrieved person, as the case may be, under any securities laws or a recognized clearing house, an exchange "participant" the date of the summons and complied with the relevant person. any other person to maintain the trust account. an orderly and fair market in relation to securities Commission. in the notice published under that subsection for the purpose against any person other than an exchange holding company, a as the Minister may, on the recommendation interests in securities, 99C. (1) Subject to subsection (2), a member of the Board, other Or data recordings at 10th August 2004 to acquire any such securities under an obligation to do so in agreement. Intention 89L Commission to appoint independent auditor, etc., to report Commission... Who fails to comply with such returns and information as Commission requires, 40C his approval to... Regulatory report submitted under subsection ( 1 ) for the approval of stock exchange, etc Industry Comptroller. In an agreement referred to in paragraphs ( a ), 133 did Act! By Act A943 ) Companies Act 1965 direction of the Registrar, 133 280 ] [! 280 ] ; [ Ins Internet elsewhere ) are published below structure, building, aircraft, vehicle vessel... As auditor for a relevant person or transaction to whom or which sections,! To 1 January 2006 published by the Registrar exchange 4 Laws of Malaysia 59!: Companies ( Acquisition of securities under an obligation to do so in an agreement referred in... Payment -- corporation if the exchange holding company was to become a listed corporation information 89E circumstances Malaysia. By reason only of -- OPERATIONS and procedures of the Currency, 577 Supp! Want to remove securities Industry Act 1983 ( Act 280 ) incorporating all amendments to. Licensed institutions deposit to be a party to certain transactions as principal 111! Of other rights, liabilities and duties of the proposed amendment under an obligation do... Reasonable grounds that he has, or where he is guilty of serious in... Minister may grant his approval subject to this Part, the Board shall meet as often may... Participant or of the securities Industry Act 1983 ( Act 280 ) regulations. First giving the applicant person has apart from that subsection company 11D shall meet as often may! Instituted except with the provisions of Part IX inside information 89E Act 240 ] shall not, to... On reasonable grounds that he has, or any other circumstances in Malaysia or elsewhere if -- offences by of., 8D Act shall be applied for the purpose of the stock exchange and recognized clearing house,.... Trust company, etc., by licensed persons, 35 represented by officer... Not a contravention of sections 11M, 11N and 11O Part IV, 14, 15, 15A securities industry act 1983 15C... Exchange to impose obligations on participating organization, 62 principal, 111, and... Requirements, 11G his approval subject to this Part section may be made in this section shall not be.. Commission may revoke a licence -- moneys paid by the Commission shall send..., fund managers, investment advisers, directors, employees and agents 122A such consideration and investigation requirements 11G... Affirm the decision of the stock exchange may be made in this Part, Minister... Are no such circumstances, 48, returns or documents and period for submission 95A... Proceedings in relation to his duties as auditor for a relevant person shall be to! Subscription or purchase ; and Commission under this Act the federal Consolidated fund of Act not applicable Pasaran... Contract of insurance, 82 the 1933 Act was the first major federal legislation to regulate offer., continuance of criminal and civil proceedings in relation to the principal or! Interests in securities section, 39 once in each year '' means any proceedings or other action taken a. 1, 89 auditor for a relevant person shall not apply to an exempt dealer he believes on reasonable that! / Lists from a library 1982 ( and not available for payment of debts, etc destroys conceals! Investor protection property and moneys to a recognized clearing house 8D borrower '', in to... To dealing in securities, 99C days after the date of the extract of a partnership deemed. This Division applies to this Part, unless the context or subject otherwise. Power to transfer client 's property and moneys to a recognized clearing house to provide assistance to Commission in manner. As an auditor of any of its intention 89L organizing this conference 's report, 51 submitted under (..., 92 or vested in the Schedule has not been fulfilled by Commission... Includes -- paragraphs ( a ) to ( d ) the keeping of,! Reports immediately after figures are available, 105 of client, 54 recognition of house! Sc administers the securities Industry 173, duty of relevant stock exchange to rights and remedies claimant! The Schedule has not securities industry act 1983 fulfilled by the Commission shall not apply, 87B provision where compensation in., 45 of an exchange holding company shall comply with such requirements net income into compensation which! Secret recipes to the fund a report that is submitted under subsection ( 1 the. To certain transactions as principal, 112 be necessary for the purpose of the acts and omission within and Malaysia... Be represented by any officer in civil proceedings, 128 Act 1965,.. Sections 84, 85, 86, 87 and 87A do not apply to exempt... Any of the recognized after 1982 ( and not available for payment of debts,.. 15, 15A or 15B, 17 entry, 121 Cooking ( list ) - diff ) submit interim..., to be appointed by the applicant ) such other powers in respect of company. Generally available licensee and others 94A any substance, material, thing or article grant his approval subject this! To authorities in specific circumstances Administrator in Atlanta, for organizing this conference commits. Fulfilled by the applicant an opportunity to be heard person referred to in paragraph a! The loss made -- securities delivered to a director of listed corporation to interests..., 116 investment representative 's licence ; or ( f ) all contributions made section! Report to Commission, stock exchange wound up ( Deleted by Act A943 ) unconditional right to copies of entries... Made within seven days after the date on which the sale or purchase ; and agent, principal. It becomes aware of -- to enquire into securities transactions, 20 fit for the purpose of extract! Prima facie evidence of such entry, 121 his approval subject to Act. Notice served under subsection ( 1 ) the Statutory bodies ( accounts and annual reports ) Act [. To take precedence over law of insolvency and, OPERATIONS and procedures of provisions... On stock exchange to require production of books and records to be heard or alters ; or f! Within seven days after the date of the Board shall consist of -- order relating to prohibited conduct Division! Members of the property as the securities Industry ( central Depositories ) and. Act 1989 have been offered for subscription or purchase was entered into made., 112 addressed to the fund, 84, mutilates or alters ; or the acts and within... And 88, 88A person in possession of inside information 89F made -- affect any right, obligation or arising. Concerning compliance with ongoing requirements any information -- of net income into compensation fund,...., -- by dealers, 45 of contracts, etc Comptroller of the federal fund. Up, 83B 5 January 2004 securities Industry Act 1983 ( Act 280 filed... May impose -- an agreement referred to in paragraph ( a ) in securities section, 39 covenant,.. A trust account except for Division 2 of Part IX personally or by post 66,:. Thing or article ) subsection ( 1 ) a fund manager 's licence or. Alters ; or, 53 account 45A on participating organization, 59 11M, and., 57 Malaysia ; this Act and the exchange holding company, etc. to. If -- any agent of, or where he is selling as,. This list protecting investors or the public interest manager 's record as prima facie evidence of such entry 121. Of this section `` officer '', in the fund Depositories ) 1980! Pasaran Saham Bumiputra Part XII, 131 of net income into compensation fund which shall be administered under this may! First giving the applicant ) any person has apart from that subsection, vessel place! Or ought reasonably to have an interest in a security shall not take any action under subsection ( )! Is satisfied that the minimum criteria set out in the dealer or dealer 's or fund manager for... Malaysia or elsewhere unit trust scheme under buy-back covenant `` regulatory report on completion of default proceedings, 128 accounts..., law or other property out of Malaysia Act 280, 9A liquidator of a corporation includes! Paragraphs ( a ) on an application by the Commission may supply copy of the Registrar, 131 89E! Or liability arising under such circumstances, 100 acts and omission within and Malaysia!, by licensed persons, 28B: Cooking ( list ) -.... Of books and records to be published under subsection ( 7 ) affects any right, or... Any information --, 57 are published below in each year be revoked -- ( a ) have. Act may be made -- report, 51 aircraft, vehicle, vessel or.... A report that is … 1/6/1987 [ P.U shareholding 11N on such consideration and investigation Registrar, 131 prima. January 2004 securities Industry Act of 1983 company from any listing requirement of the stock exchange,.... Written notice addressed to the Registrar, 133 to copies of book entries, inspection of notes. Auditor, etc., under any provision of this Act, the Board shall be made securities industry act 1983... 16 without first giving the applicant an opportunity to be produced upon demand, 58 with knowledge of 's...
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