Malaysia legislation
Section 14
Section 14
(2)
A stock exchange shall give notice to the public of all securities prescribed by it to be deposited with the central depository
Securities Industry (Central Depositories) 33
by advertisement in not less than three daily national newspapers, one of which shall be in the national language and one in the English language, unless exempted by the Commission in writing.
(3)
A notice under subsection (2) shall identify the prescribed security and shall specify a prescribed date (not being less than one month from the date of publication of the notice) on or before which those securities shall be deposited.
(3A)
Subject to subsections (3B) and (3C), the requirement under subsections (1), (2) and (3) to deposit prescribed securities on or before the prescribed date shall not apply to such securities or class of securities as may be specified in the rules of a central depository subject to such terms and conditions as may be specified by the central depository.
(3B)
Where a holder of prescribed securities to whom subsection (3A)
applies fails to comply with any term or condition specified by the central depository, the share registrar of the issuer shall transfer to the
Minister all such securities or class of securities by way of an entry in a securities account in the name of the Minister.
(3C)
Where any securities or class of securities are transferred under subsection (3B), subsections (8), (9), (10), (11) and (12) shall apply to such securities or class of securities.
(4)
For the purposes of this Act, the deposit by a person of any prescribed security with an authorized depository agent of a central depository shall be deemed to be a deposit of such security with that central depository.
(5)
Where a stock exchange has prescribed a security to be deposited with a central depository under subsection (1), the prescription shall apply to any additional listing of such security and all other types of security issued by the same issuer for listing on the stock exchange and subsections (1) and (2) shall not apply in respect of such additional listing and listing of other types of security.
34 Laws of Malaysia ACT 453
(6)
Upon prescription of any securities under subsection (1), a holder of such prescribed securities shall deposit such securities on or before the prescribed date.
(7)
If a holder of a prescribed security fails to deposit such securities on or before the prescribed date the share registrar of the issuer shall, after the prescribed date, transfer the securities to the
Minister by way of an entry in a securities account in the name of the
Minister.
(8)
Any person whose securities are transferred under subsection
(3B)
or (7) may, within six months from the date of the transfer, appeal to the Commission by giving reasons for his failure to deposit the securities.
(9)
If the Commission is satisfied as to the reasons for the failure to deposit the securities, the Commission shall report its satisfaction to the Minister and the Minister shall retransfer the securities to the person referred to in subsection (8) by way of an entry in a securities account.
(10)
If after the expiry of the period specified in subsection (8), no appeal is filed with the Commission, the Minister may sell or dispose of such securities in such manner and at such time as he thinks fit and shall deal with the proceeds of the sale or disposal as if they were moneys paid to him pursuant to the law relating to unclaimed moneys.
(11)
If any share registrar fails to transfer any securities as required under subsection (3B) or (7), the High Court shall, on the application of the Commission, make an order transferring such securities to the
Minister, and such transfer shall be effected by way of an entry in a securities account in the name of the Minister who may then sell or dispose of such securities in such manner and at such time as he thinks fit and deal with the proceeds of the sale or disposal as if they were moneys paid to him pursuant to the law relating to unclaimed moneys.
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(12)
Any share registrar who fails to effect the transfer required under subsection (3B) or (7) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding three million ringgit for every security which is the subject matter of the offence.