Issued by the Kuala Lumpur Stock Exchange
The Kuala Lumpur Stock Exchange (KLSE or Exchange),
in its ongoing effort to strengthen the industry, is instituting incisive new measures
to further enhance transparency in the stock market.
The new measures will be initiated through changes in the rules, regulations and
procedures of the Exchange, its clearing house - the Securities Clearing Automated
Network Services Sdn Bhd (SCANS) and the central depository - Malaysian Central Depository
Sdn Bhd (MCD). These changes and amendments have been duly approved by the Securities
Commission.
These measures, to take effect from September 1, 1998, are detailed in the enclosed
attachment. The new measures are targeted to meet two key objectives:
- To ensure an orderly and fair market in the trading of Malaysian securities.
- To improve overall market transparency in the Malaysian capital market.
These measures are in line with objectives of the National Economic Recovery Plan
(NERP) to restore market confidence. It is also consistent with the KLSE's statutory
duty as outlined in Section 9B of the Securities Industry Act 1983 (SIA) to ensure
an orderly and fair market in the securities that are traded through its facilities.
In upholding this duty, the KLSE is also obligated to curb and prevent activities
which may amount to assisting in the establishing, operating or maintaining a stockmarket
that is not the stockmarket of the Exchange as prohibited under Section 7 (1) of
the SIA.
In implementing these measures, stockbroking companies are required to take the necessary
steps to ensure that they are not assisting any persons to create another market
for Malaysian securities. The relevant rules and procedures of the central depository,
MCD, are also amended accordingly to reinforce the achievement of this objective
without impinging on the rights of depositors as shareholders.
KLSE's Executive Chairman Dato' Mohd Azlan Hashim said the challenging demands in
the present environment necessitate the swift implementation of these measures.
"We understand industry participants might be concerned at the relatively short
time in which these measures are implemented.
"We realise, however, that industry participants are faced with similar urgent
circumstances -- circumstances that can be addressed and eventually overcome by these
measures. These measures, which have been set out to benefit all parties affected,
should be supported and endorsed by all industry participants -- investors, stockbrokers,
public-listed companies and relevant authorities -- in order for them to achieve
the desired impact " he said.
The technical infrastructure and operational procedures to undertake the implementation
of the new measures by the KLSE, SCANS and MCD have been developed and completed.
Detailed regulations and instructions on the new measures have been sent to all stockbroking
companies and relevant industry participants whilst briefings on the new measures
to these groups have been organised to commence from Tuesday, September 1, 1998.
KLSE has also set up the KLSE Helpline for general enquiries on the new measures
beginning Tuesday, September 1, 1998 as follows:
Tel: 03-468 0755, 03-469 4363 & 03-206 3518
Time: 9:00 a.m. to 6:00 p.m. (Weekdays)
9:00 a.m. to 1:00 p.m. (Saturdays)
For enquiries specific to MCD and the CDS accounts, the number is:
Tel: 03-206 2099
Time: 9:00 a.m. to 6:00 p.m. (Weekdays)
9:00 a.m. to 1:00 p.m. (Saturdays)
All lines will also be operational between 1pm to 2pm within the stated schedule.
In total, the measures implemented are intended to benefit the industry, including
retail and institutional investors, stockbroking companies and public listed companies.
It will also assist the relevant regulatory authorities in the discharge of their
responsibilities.
Among the many benefits that the measures seek to bring about are enhanced transparency
in share trading, enhanced investor protection, cost efficiency and overall greater
efficiency in the system.
In improving transparency in share trading, the measures seek to enhance the 'know-your-client
rule' by identifying the particulars of counterparties to trades. In addition, all
off-market transactions must be done as direct business cleared and settled through
SCANS to ensure greater accountability and disclosure without compromising client
and investor confidentiality.
In expanding one of KLSE's key objectives of investor protection, the new measures
reduce any possible adverse impact on our market from improper dealings that may
be conducted off-market.
The new measures will further move MCD towards reaching its long-term objective of
full immobilisation of shares traded on the KLSE, in line with internationally accepted
standards.
The new measures are also part of the effort to fully develop MCD as a central depository
that will encourage the broadest direct and indirect industry participation possible,
ultimately resulting in cost efficiency whilst improving overall system efficiency.
Dato' Mohd Azlan Hashim said in addition to contributing to market reform and building
confidence, the measures will lay a blueprint to encourage the development of more
measures for a progressive stockmarket.
"These measures are necessary and needed to be implemented now, without delay,
whilst we are on the road to recovery. Ultimately, these measures will form part
of an overall reform structure to rebuild a market that is well-regulated, efficient,
cost-effective and secure for local and foreign, institutional and retail investors
alike," he said.
MEASURES INSTITUTED BY KLSE, SCANS AND MCD
Effective 1st September 1998
1. Trading of Listed Securities
- All dealings in securities listed on the Exchange must be effected only through
the KLSE or through a stock exchange recognised by the KLSE.
- Except as otherwise permitted, all dealings in KLSE securities must be effected
only through the KLSE's trading system.
- A stockbroking company (SBC) shall not deal in securities on behalf of a client
if it has reason to believe that the transaction is intended to facilitate the dealing
in securities or dealing in interest in securities on a stock exchange not recognised
by the KLSE.
2. New Disclosure Requirements
- Know your client rule - SBCs must take all reasonable steps to obtain all essential
particulars and information of their clients.
- A client, in dealing in securities listed on the KLSE on another person's behalf,
must disclose the identity of that person to the SBC.
- For the opening of new nominee accounts, the account opening forms shall state
the full name and other particulars of the beneficiary.
- For all existing nominee accounts, the name and other particulars of the beneficiary
must also be stated in full.
- Each CDS account operated by a nominee can only have one (1) beneficiary. In
respect of nominee accounts which are presently shared by more than one (1) beneficiary,
new accounts must be opened to comply with the new requirements.
- For pledged security accounts, nominees must state "PLEDGED SEC A/C"
followed by the full name of the beneficiary.
3. Off-Market Business and its Clearing and Settlement
- SBCs are permitted to engage in off-market dealing only in the form of direct
business (i.e. crossings and married deals).
- All direct business must be cleared and settled through SCANS, the recognised
clearing house, in accordance with the principles of the Fixed Delivery and Settlement
System (e.g. T+5 settlement system, etc.)
- A clearing fee of 0.05% of the value of the contract (subject to a minimum of
RM25 and a maximum of RM250) will be imposed for all direct business.
- The commission chargeable by SBCs on direct business is negotiable.
4. New Issues of securities
- All new issues of securities by public listed companies (PLCS) must be made 'by
way of crediting the securities into the CDS accounts of the securities holders These
new securities may arise from rights issues, bonus issues, private placements, special
issues, ESOS, conversion of debt securities / warrants / TSRs, share swaps, or any
other corporate activities.
- PLCs are not permitted to issue certificates to the securities holders in respect
of any new issue of securities.
5. Mandatory Deposit
- Shareholders of companies which have been approved for listing on the KLSE must
deposit their share certificates with MCD within the Prescribed Period.
- Holders of share certificates of companies currently listed on the KLSE must
deposit their share certificates with MCD.
6. Withdrawal
- With immediate effect, all withdrawals of securities will be prohibited, except
for the circumstances allowed in the notice issued by the KLSE (e.g. to facilitate
share buy back; conversion of debt securities; the process of company restructuring;
rectification of errors, etc.)
- This prohibition is pursuant to the directive from the KLSE in exercising its
powers under Section 24 of the Securities Industry (Central Depositories) Act 1991.
7. Ordinary Transfer
- The "Reason for Ordinary Transfer" column must be completed in all
Transfer Request Forms.
- For details of the approved reasons for transfer, please refer to your SBC, or
contact the KLSE Helpline.
8. Express Transfer
- The "Reason for Express Transfer" column must be completed in all Express
Transfer Request Forms.
- For details of the approved reasons for transfer, please refer to your SBC, or
contact the KLSE Helpline.
Effective 8th September, 1998
1. Ordinary Transfer
- All ordinary transfer requests must state reasons and be supported by relevant
documents.
2. Express Transfer
- The express transfer facility, which is an online transfer facility, will be
suspended.
Kuala Lumpur Stock Exchange
31 August 1998
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