In forceUpdated to 11 Apr 1991Read it in Bahasa Malaysia

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Securities Industry (Central Depositories) Act 1991 · Updated to 11 Apr 1991 · Part III · Provisions Relating to Deposited Securities

37. Public offer

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(1)

Where, pursuant to section 14, a stock exchange prescribes that any security proposed to be listed for quotation on its official list be deposited with a central depository, the issuer of such security or the offeror, as the case may be, shall, in the prospectus issued by such issuer or offeror in respect thereof, notify the public of the fact that the security is one that has been so prescribed.

(2)

Upon completion of the allotment or allocation of such security, the issuer or offeror, as the case may be, shall immediately deliver or caused to be delivered to the central depository a record of all successful applicants together with such particulars as may be required by the central depository for the purpose of making appropriate entries in the securities accounts of the respective applicants, together with the scrips (in such denominations as may be specified by the central depository) registered in the name of the central depository or its nominee company.

(3)

For the purposes of this section, ―offeror‖, in relation to any security, means the owner of the security.

(4)

A reference to a security proposed to be listed on a stock exchange in this section shall be construed as a reference to a security which has been approved by the stock exchange to be listed for quotation on the official list of the stock exchange.

(5)

Without prejudice to subsection (2), section 107 of the

Companies Act 1965 shall not, in relation to the securities mentioned in subsection (1), apply to the issuer of such security.

Terms defined in s 2

Act
Defined · s 2
―Act‖ includes any regulations made under this Act;
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central depository
Defined · s 2
―central depository‖ means a company approved by the Minister under section 5— Securities Industry (Central Depositories) 11 (a) to establish and operate a system for the central handling of securities, whether or not listed on any stock exchange,— (i) whereby all such securities are deposited with and held in custody by, or registered in the name of, the company or its nominee company for the depositors and dealings in respect of those securities are effected by means of entries in securities accounts without the physical delivery of scrips; or (ii) which permits or facilitates the settlement of securities transactions or dealings in securities without the physical delivery of scrips; and (b) to provide other facilities and services incidental thereto;
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issuer
Defined · s 2
―issuer‖, in relation to any deposited security, means the public company, corporation, government, or the body, corporate or unincorporate, which issued the security, and includes any person performing the functions of a registrar or an issuing house for such issuer in respect of such security;
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nominee company
Defined · s 2
―nominee company‖, in relation to a central depository, means a company appointed by the central depository for the purpose of holding any deposited security;
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official list
Defined · s 2
―official list‖, in relation to a stock exchange, means a list specifying all securities which have been admitted for quotation on the stock exchange;
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record
Defined · s 2
―record‖ includes, in addition to a record in writing— (a) any photograph; (b) any disc, tape, sound-track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced therefrom; and (c) any film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced therefrom, and any reference to a copy of a record includes— (i) in the case of a record falling within paragraph (b) but not paragraph (c) of this definition, a transcript of the sounds or other data embodied therein; *NOTE—This Act has since been repealed by Capital Market and Services Act 2007 which comes into operation on 28 September 2007 except Division 2 of Part VI which comes into operation on 1 April 2010–see subsection 381(2)…
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security
Defined · s 2
―security‖ means debenture, note, stock and share in a public company or corporation, or bond of any government or of any body, corporate or unincorporate, and includes any right or option in respect thereof, any interest as defined in section 84 of the Companies Act 1965 and any interest in a unit trust scheme;
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stock exchange
Defined · s 2
―stock exchange‖ has the same meaning as is assigned to that expression under subsection 2(1) of the *Securities Industry Act 1983; *NOTE—This Act has since been repealed by Capital Market and Services Act 2007 which comes into operation on 28 September 2007 except Division 2 of Part VI which comes into operation on 1 April 2010–see subsection 381(2)…
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Report

Read on from s 38

Part IV

Secrecy Provisions

Read on from Part IV

Part V

Offences

Read on from Part V

Part VI

Enforcement

Read on from Part VI

Part VII

General

Read on from Part VII