Auditor of Licensed Intermediary/An Exchange Holding Company/A Stock Exchange Derivatives Exchange/An Approved Clearing House/A Central Depository/Recognized Self-Regulatory Organisation (“Collectively Known as the Relevant Persons”)

 

Who do I report to?

Matter involves:

Report to:

A participating organisation

i.

Bursa Malaysia Berhad

Head, Participants Supervision

And

ii.

SC

Head, Intermediary Supervision

A holder of a Capital Markets Services Licence who carries on the business of dealing in derivatives

i.

Bursa Malaysia Derivatives Berhad

Head, Participants Supervision

And

ii.

SC

Head, Intermediary Supervision

All other cases:

SC

Capital Markets Services Licence holders such as fund managers, financial planners, corporate finance advisers

Head, Intermediary Supervision

Exchange holding company, stock exchange, derivatives exchange, approved clearing house, central depository, recognized self-regulatory organization

Head, Institution Supervision

1.

Am I afforded any protection under Section 128 CMSA?

Yes, Section 128 CMSA provides auditors with protection from being sued in court where information disclosed is made:

i)

in good faith; and

ii)

in the discharge of your obligation to disclose under Section 128 CMSA.

2.

How would the Whistleblower Protection Act 2010 (“WPA”) affect these provisions?

The WPA does not override the protection provided under the securities laws. All protection provided by the current provisions under the securities laws remain available. The WPA merely adds further protection where a person qualifies to be a whistleblower under the provisions of the WPA.

ALERT: It is important that you read and understand the eligibility criteria set out in the WPA if you wish to be protected under the WPA. Certain actions can make you ineligible for protection. For more information on the application of the WPA to matters falling under SC’s purview, please click here.