NOTICE TO MEMBERS SPECIAL NOTICE A. RAZAK & CO (AF 0842) AN ESTABLISHED AUDIT FIRM URGENTLY REQUIRES: AUDIT MANAGER Minimum 5-6 years experience AUDIT ASST. MANAGER Minimum 4-5 years experience Interested candidates are invited to call 03-9282 9032 or fax 03-9285 3871 or email to arnd@tm.net.my for an interview appointment www.arazaknco.com News from Bank Negara Malaysia (BNM) BNM Guidelines and Circulars The BNM has recently uploaded all guidelines issued by them for public viewing on their website at www.bnm.gov.my. The BNM will also be uploading all circulars issued by them on their website in the future. The guidelines uploaded are in the following areas: Banking 䡲 Capital Adequacy 䡲 Financial Reporting 䡲 Anti-Money Laundering 䡲 Prudential Limits & Standards Insurance & Takaful 䡲 Capital Adequacy 䡲 Anti-Money Laundering 䡲 Prudential Limits & Standards Development of Financial Institutions 䡲 Anti-Money Laundering 䡲 Prudential Limits & Standards Islamic Hardcopies of these guidelines are also available for members’ reference at the MIA Resource Centre, Monday to Friday from 8.45a.m. - 5.30 p.m. and Saturday from 8.45 a.m. - 12.45 p.m. The above information was sent to members via Circular No.28 /2008 on 23 April 2008. AT 30 Amendments to the Listing Requirements and the MESDAQ Market Listing Requirements of Bursa Malaysia Securities Berhad on: 1 The Offering of Equity and EquityLinked Securities. 2 Guidelines on Principal Advisers for Corporate Proposals. 3 Other Amendments. Please be informed that pursuant to Section 9 of the Capital Markets and Services Act 2007, amendments have been made to the Listing Requirements (“LR”) and the MESDAQ Market Listing Requirements (“MMLR”) of Bursa Malaysia Securities Berhad (“Bursa Securities”) for companies listed on the Main Board, Second Board and MESDAQ Market arising from the following: Issuance/Revision of guidelines by the Securities Commission on: 䡲 Financial Reporting Malaysia Inter national Financial Centre (MIFC) News from the Securities Commission (SC) and Bursa Malaysia • Offering of Equity and Equity-Linked Securities (“SC’s Equity Offering Guidelines & SC’s MESDAQ Equity Offering Guidelines”); and • Guidelines on Principal Advisers for Corporate Proposals. Removal of the Fungibility Restriction in relation to Dual Listing. 1 Some Amendments arising from both the SC’s Equity Offering Guidelines & SC’s MESDAQ Equity Offering Guidelines are as follows. (a) Removal of the par value requirements in respect of the minimum issued and paid-up capital and criteria for subdivision of shares; (b) Imposition of the new disclosure requirements in respect of the following: i) two-call rights issue in the announcement and circular similar to that of a bonus issue; ii) confirmation of compliance with the public shareholding spread requirements following an acquisition involving a new issue of securities in the listing application; and iii) the quantum and issue price of the securities upon placement of the securities where the issuer is undertaking an issuance and placement of securities in stages. (c) Amendment to the bonus issue requirements on the confirmation by the reporting accountants or external auditors that the available reserves for capitalisation is adequate to cover the entire bonus issue is only required for available reserves which is based on the latest quarterly report; (d) Imposition of a new criterion for subdivision in paragraph 13.06 and Rule 13.06 of the LR and MMLR respectively for a minimum share price adjusted for the subdivision of shares of RM0.50 based on the daily closing price of the listed company’s/issuer’s shares dur- ACCOUNTANTS TODAY • June 2008 R E G U L AT O RY U P DAT E S ing the 3-month period before the application for subdivision. 2 Some Amendments arising from the SC’s Guidelines on Principal Advisers for Corporate Proposals (a) For Main Board and Second Board i) Amendment to the definition or references of ‘adviser’ to include corporate finance adviser, where relevant; and ii) Amendment to require the main adviser or the adviser who submits certain announcement and corporate proposals to Bursa Malaysia to be a corporate finance adviser that may act as a principal adviser. (b) For MESDAQ Market i) Amendment to require a person wishing to act as an adviser under Rule 4.03 of the MMLR to be a corporate finance adviser that may act as a principal adviser. 3 Other Amendments arising from Removal of the Fungibility Restriction in relation to Dual Listing for LR Introduction of the “Guidelines and Best Practices on Islamic Venture Capital” by the Securities Commission requirements under Part 1 is highly encouraged to adopt the best practices set out below: The SC has introduced a set of guidelines and best practices to promote the adoption of appropriate standards for the development of the Islamic Venture Capital industry. Some of the key areas highlighted in the Guidelines and Best Practices on Islamic Venture Capital are: Part 2 — Best Practices Part 1 — Guidelines Sets out the core requirements for establishing an Islamic Venture Capital Corporation (VCC) and Islamic Venture Capital Management Corporation (VCMC) 䡲 an independent Shariah adviser must be appointed to provide expertise and guidance on conformance to the Shariah principles 䡲 the activities of the venture companies must be Shariah-compliant 䡲 list of non-permitted Shariah activities are provided A VCC or VCMC which has met the core Sets out the best practices which are intended to assist such VCCs and VCMCs in carrying out Islamic venture capital business activities. The best practices cover the following areas: 䡲 responsibilities of a Shariah adviser 䡲 written disclosure and declaration by the Shariah adviser 䡲 the need for a compliance officer 䡲 portfolio management 䡲 maintenance of accounts. The adoption of these best practices is intended to raise the standards of the Islamic venture capital industry and enhance professionalism in the industry. Please take note that the above guidelines and best practices have been effective since 7 May 2008 and are available on the SC’s website at www.sc.com.my. The above information was sent to members via Circular No. 33/2008 on 14 May 2008. AT (a) Deletion of paragraph 8.33A of the LR which requires a listed issuer or a foreign corporation with predominantly Malaysian-based operations to ensure that not more than 30 per cent of its issued and paid-up capital is listed on the other stock exchange(s); and (b) Deletion of paragraph 12.14A of the LR which requires a listed issuer or a foreign corporation with predominantly Malaysian-based operations not to purchase its own shares on Bursa Securities if that purchase(s) will result in the listed company or the foreign corporation being in breach of paragraph 8.33A of the LR. Please take note that the above are just some amendments highlighted. Members are encouraged to refer to the Bursa Malaysia’s website at www.bursamalaysia.com for complete amendments under LR and the MMLR. All the above Amendments (including those not highlighted above) have been effective since 2 May 2008. The above information was sent to members via Circular No. 31/2008 on 30 April 2008. June 2008 • ACCOUNTANTS TODAY Found us on Facebook yet? MIA has its own group on Facebook. Look us up. MIA has also hit the blogosphere. Find it @ http://miapresident.blogspot.com 31