Malaysia legislation

Section 26

of LABUAN FINANCIAL SERVICES AND SECURITIES ACT 2010

Section 26

(a)

that it expressly reserves the right to accept or retain over-subscriptions; and

(b)

a limit on the amount of the over-subscription that may be accepted or retained.

(2)

Subject to any regulations, where a borrowing company specifies in a prospectus relating to a debenture issue that it expressly reserves the right to accept or retain over-subscriptions—

(a)

the borrowing company shall not make, authorize or permit any statement or reference as to the asset-backing for the issue to be made or contained in any prospectus relating to the issue, other than a statement or reference to the total assets and the total liabilities of the borrowing company and of its guarantor company, if any; and

Labuan Financial Services and Securities 53

(b)

the prospectus shall contain a statement or reference as to what the total assets and total liabilities of the borrowing company would be if over-subscriptions to the limit specified in the prospectus were accepted or retained.

(3)

Any borrowing company who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.