CAPITAL MARKET AND REGULATORY UPDATE
SC MALAYSIA TO ALLOW REGULATED SHORT SELLING OF CORPORATE BONDS TO BOOST BOND MARKET LIQUIDITY
Securities Commission Malaysia (SC) has brought into effect a new guideline to allow the regulated short selling of corporate bonds in the Malaysian capital market.
With the new Guidelines on Regulated Short Selling of Corporate Bonds (Guidelines), Principal Dealers are now permitted to conduct regulated short selling of corporate bonds, expanding the range of bonds that can be short sold.
The Guidelines aim to provide certainty as to the parties who would be permitted to conduct short selling of corporate bonds as well as the requirements involved. Recognising the importance of ensuring market stability, conditions on how regulated short selling of corporate bonds are to be conducted have also been put in place.
This latest initiative is part of the SC’s continuous efforts towards enhancing the liquidity of the secondary bond market while ensuring a comprehensive and facilitative infrastructure and regulatory framework. This is in line with SC’s on-going commitment towards sustaining the overall development and growth of Malaysia’s bond market.
The Guidelines take effect on 13 April 2017.
The link to access the Guidelines:-
https://www.sc.com.my/wp-content/uploads/eng/html/resources/guidelines/rss/guideline_rss_170413.pdf
[Source: Media release on SC’s website on 13 April 2017]
APPOINTMENT OF PROXIES
MSWG’S COMMENTS:
MSWG have raised the issue on the timeline for lodgement of proxy forms or instrument to the companies that required proxy forms or instrument to be deposited not less than 48 hours before the time set for the meeting granted that the provision in section 334(3) of the Companies Act 2016 which stated that “ ….in the case of a poll, not less than twenty-four hours before the time appointed for the taking of the poll, …” and the Listing Requirement that required all Resolutions to be voted by poll.
As the provision is rather ambiguous, company secretaries have sought clarification from Suruhanjaya Syarikat Malaysia (SSM) on the issue. SSM had on 18 April 2017 clarified in their website that Section 334(3) of the Companies Act 2016 refers to two different time period:-
- The time for holding the meeting or adjourned meeting which refers to the time set out in the notice of meeting of when the meeting shall be held; and
- The time appointed for taking of the poll which refers to the time fixed by the Chairman of the meeting for the purpose of taking the poll.
The 48-hour rule is valid for the deposit of proxy forms or instruments for attendance of the meeting stated in the notice of meeting and the 24-hour rule is applicable only if the Chairman had decided to hold a poll at a later time/date.
We are glad that written clarification was issued promptly by SSM. Meantime, MSWG will meet up with SSM to discuss further on the interpretation of the issue and discuss other provisions in the Companies Act 2016 applicable to Malaysian public listed companies.
[Source: SSM website – Companies Act 2016 – Frequently Asked Questions]
MSWG’S AGM WEEKLY WATCH 24 – 28 APRIL 2017
For this week, the following are the AGMs/EGMs of companies which are in the Minority Shareholder Watchdog Group’s (MSWG) watch list.
The summary of points of interest is highlighted here, while the details of the questions to the companies can be obtained via MSWG’s website at www.mswg.org.my.
Date & Time |
Company |
Venue |
---|---|---|
24.04.17 (Mon) 10.00 am |
Box-Pak Malaysia Bhd (AGM) |
Box-Pak Malaysia Bhd, Lot 4, Jalan Perusahaan Dua, Batu Caves, Selangor |
24.04.17 (Mon) 10.00 am |
AFFIN Holdings Bhd (AGM) |
The Royal Chulan Kuala Lumpur, 5 Jalan Conlay, KL |
24.04.17 (Mon) 11.00 am |
Texchem Resources Bhd (AGM) |
Jen Hotel, Magazine Road, Penang |
25.04.17 (Tue) 10.00 am |
Syarikat Takaful Malaysia Bhd (AGM) |
Menara Takaful Malaysia, No.4, Jalan Sultan Sulaiman, Kuala Lumpur |
25.04.17 (Tue) 10.00 am |
Kian Joo Can Factory Bhd (AGM) |
Tropicana Golf & Country Resort Club, Jalan Kelab Tropicana, Petaling Jaya |
25.04.17 (Tue) 02.00 pm |
Westports Holdings Bhd (AGM) |
Sime Darby Convention Centre, 1A, Jalan Bukit Kiara 1, KL |
26.04.17 (Wed) 10.00 am |
Maxis Bhd (AGM) |
Connexion @ Nexus, Bangsar South City, No. 7, Jalan Kerinchi, KL |
26.04.17 (Wed) 10.00 am |
Telekom Malaysia Bhd (AGM) |
TM Convention Centre, Menara TM, Jalan Pantai Baharu, KL |
26.04.17 (Wed) 10.00 am
|
Cahya Mata Sarawak Bhd (AGM) |
Borneo Convention Centre Kuching, The Isthmus, Sejingkat, Kuching, Sarawak |
26.04.17 (Wed) 10.30 am |
RHB Bank Bhd (AGM) |
InterContinental Kuala Lumpur, 165, Jalan Ampang, KL |
26.04.17 (Wed) 10.30 am |
Petronas Chemicals Group Bhd (AGM) |
The Royal Chulan Hotel Kuala Lumpur |
27.04.17 (Thur) 10.00 am |
Nestle (Malaysia) Bhd (AGM) |
Hilton Kuala Lumpur |
27.04.17 (Thur) 10.00 am |
Can-One Bhd (AGM) |
Tropicana Golf & Country Resort, Jalan Kelab Tropicana, PJ |
27.04.17 (Thur) 10.00 am |
Media Prima Bhd (AGM) |
Sime Darby Convention Centre, 1A, Jalan Bukit Kiara 1, KL |
28.04.17 (Fri) 09.00 am |
CIMB Group Holdings Bhd (AGM) |
Connexion @ Nexus, Bangsar South City, No. 7, Jalan Kerinchi, KL |
The points of interest to be raised: |
|
---|---|
Company |
Points/Issues to Be Raised |
AFFIN Holdings Bhd (AGM) |
|
Syarikat Takaful Malaysia Bhd (AGM) |
|
Westports Holdings Bhd (AGM) |
1. The Group had achieved a commendable performance in FY2016, which saw improvements in its operation and key financial indicators. However, considering the current global economic condition, does the Board foresee that the Group would be able to sustain the good performance, moving forward? 2. As reported in the Management Discussion and Analysis (MD&A), the Group intended to accelerate its position to be a preferred hub for distribution and trading operations in South East Asia. Could the Board share on the actions taken to achieve this objective and what is the targeted timeframe to realise it? |
Maxis Bhd (AGM) |
1. It was reported in the Management Discussion and Analysis (MDA) that prepaid revenue registered a 3.7% year-on-year decline to RM4,018 million against RM4,173 million in FY 2015. In the meantime, Prepaid ARPU has improved to RM40 per month (FY 2015: RM38)
|
RHB Banking Bhd (AGM) |
Please explain the importance of transforming the group into a multinational financial services and what it means and how does it provide the group with the competitive advantage to its banking peers/competitors and attract the type of market segment, businesses and target customers within its strategy arising from potential opportunities from ASEAN Economic Community integration, going forward.
Has the recent global uncertainties and geo-political challenges affected the key progress of IGNITE 2017?
|
Petronas Chemicals Bhd (AGM) |
1. There has been an upward trend in PCG’s plant utilisation rate since FY 2013, from 78% increasing to 96% in FY 2016, exceeding world class rate of 85%.
(a) What could be considered as an optimal plant utilisation rate leading to economies of scale whilst balancing the forces of demand and supply?
(b) With such high level of plant utilisation rate, how has PCG been able to effectively mitigate the risks of plant breakdown or any untoward incidents?
(C) What are the planned maintenance activities for FY 2017 and what would be the impact on the plant utilisation rates?
|
Media Prima Bhd (AGM) |
Has a survey been conducted to ascertain the reason why Malaysian readers prefer other newspapers than New Straits Times? Is there any increase in the readership after the revamp of New Straits Times which was launched on 1 January 2017?
|
Can-One Bhd |
|
Kian Joo Can Factory Bhd (AGM) |
What are the measures taken by the Board to improve the profitability of the division and address the challenges of the increase in the cost of various types of paper rolls in Malaysia as mentioned in the Management Discussion And Analysis (MD&A)?
What were the reasons for the drastic change in the revenue structure and what would be the targeted revenue mix contribution for Tin Cans Division moving forward?
|
Box-Pak (Malaysia) Bhd |
The Group earnings decreased from RM9.8 million in FY2015 to a loss of RM0.9 million in FY2016 due to the increase in raw material, labour costs, production overhead and higher borrowings as stated in the Annual Report 2016.
In light of the above, what are the key strategic plans to compete with other players and to what extent is the expected margin compression if the market competition intensified?
|
Cahya Mata Sarawak Bhd (AGM) |
What measures have been taken to ensure that CMS Wires is able to maintain its market share? Would there be any plan to increase its market share in the near future?
|
MSWG’S WATCHLIST
S P SETIA BERHAD (“SP SETIA”)
The Board of Directors of SP Setia announced that KL East Sdn Bhd, a wholly-owned subsidiary of S P Setia, had on 14 April 2017 entered into the following agreements with Seriemas Development Sdn Berhad (“Seriemas”):
- a conditional sale and purchase agreement to acquire a piece of freehold land measuring approximately 342.50 acres (or 14,919,300 square feet) located in Bangi, Selangor Darul Ehsan (“Land”) for a cash consideration of RM447,579,000.00 or RM30.00 per square foot (“psf”) of the Land; and
- a conditional profit sharing agreement in relation to the profit sharing of 20% of the audited profit before taxation from the development on the Land consisting of sale of units and/or land parcels, subject to a maximum RM44,757,900.00 calculated at the rate of RM3.00 psf of the Land, with Seriemas.
[Source: SP Setia’s announcement on Bursa Malaysia’s website on 14 April 2017]
LOCAL NEWS AND DEVELOPMENTS
World Bank expects Malaysia to post GDP growth of 4.3 pct this year
Manufacturing sector’s strength seen supporting GDP growth
Malaysia's Feb sales value of wholesale, retail trade up 8.3% y-o-y to RM90.1b
Higher unemployment rate likely to be the norm
MUH executive chairman, other directors acquitted
BNM further liberalises forex risk exposure, hedging
Positive stance on construction sector stays
Majority of PLCs not spending enough for an effective internal audit function, IIAM
Foreign selldown of Malaysian govt bonds hit record high in March
New imported steel taxes to protect local players, says Johari
GLOBAL NEWS AND DEVELOPMENTS
China's Q1 growth stabilised at 6.8%: AFP poll
China March factory output rises 7.6% y/y, fastest since Dec 2014
http://www.theedgemarkets.com/article/china-march-factory-output-rises-76-yy-fastest-dec-2014
Asian economies escape ‘manipulator’ tag, but expect more pressure on trade
US retail sales, consumer prices slump in March
http://www.themalaymailonline.com/money/article/us-retail-sales-consumer-prices-slump-in-march
Toshiba releases results, warns of 'going concern' risk
http://www.thesundaily.my/news/2017/04/12/toshiba-releases-results-warns-going-concern-risk
BOJ to offer brighter view of economy, exports — sources
http://www.theedgemarkets.com/article/boj-offer-brighter-view-economy-exports-%E2%80%94-sources
Fund managers oppose dual-class shares plan in Singapore
http://www.theedgemarkets.com/article/fund-managers-oppose-dual-class-shares-plan-singapore-0
MSWG Analysts
Lya Rahman, General Manager, [email protected]
Rebecca Yap, Head, Corporate Monitoring [email protected]
Quah Ban Aik, Head, Corporate Monitoring [email protected]
Norhisam Sidek, Manager, Corporate Monitoring [email protected]
Wong Kin Wing, Manager, Corporate Monitoring, [email protected]
Hoo Ley Beng, Manager, Corporate Monitoring [email protected]
Nor Khalidah Khalil, Analyst, Corporate Monitoring [email protected]
Vinodth Ramasamy, Analyst, Corporate Monitoring [email protected]
Muhammad Faris bin Mohamed Yusof, Analyst, Corporate Monitoring [email protected]
DISCLOSURE OF INTERESTS
• With regard to the companies mentioned, MSWG holds a minimum number of shares in all these companies covered in this newsletter.
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The contents and the opinions expressed in this newsletter are based on information in the public domain and are intended to provide the user with general information and for reference only. Best efforts have been made to ensure that the information contained in this newsletter is accurate and current as at the date of publication. However, MSWG makes no express or implied warranty as to the accuracy or completeness of any such information and opinions contained in this newsletter. No information in this newsletter is intended to be or should be construed as a recommendation to buy or sell or an invitation to subscribe for any, of the subject securities, related investments or other financial instruments thereof.
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