Civil Actions in 2009
No Offence Plaintiff(s) Brief facts of the case
1. Company’s failure to comply with the requirements of CMSA, the Securities Commission Act 1993, the Guidelines on Compliance Function for Fund managers and the Licensing Handbook RBTR Asset Management Berhad
Al Alim Bin Mohd Ibrahim
SC had in August this year launched an investigation into the affairs of RBTR as well as the activities of Locke Capital Investment (BVI) Ltd and Locke Guaranty Trust (NZ) Ltd, who have allegedly held themselves out as a fund manager in Malaysia in association with RBTR. The SC had also directed RBTR to cease soliciting new funds from the public, either directly or through its representatives, until further notice.Following an audit exercise conducted on RBTR which raised various concerns on the protection of its clients’ assets. This was also confirmed by complaints received from RBTR’s clients, citing their inability to redeem their investments made through RBTR.On 20 October 2009, SC obtained a Court order from High Court of Kuala Lumpur for the appointment of BDO Binder Malaysia as a receiver over the affairs, assets and properties of RBTR Asset Management as well as the assets and properties held by it on behalf of its clients.


Regulatory Settlement
In July 2009, the Securities Commission (SC) completed its efforts to restitute 13 investors who traded in the shares of Malaysian Oxygen Berhad (MOX). The restitution was made possible following an early settlement with Tan Sri Dato’ Chua Ma Yu when he agreed, without admission of liability to make a payment in the sum of RM 1,213,084.14 which constituted a disgorgement of twice the profits arising from alleged irregularities in his trading of MOX shares between 16 February 2007 and 22 February 2007. This outcome of restituting aggrieved investors was achieved as a result of a letter of demand issued by the SC against Tan Sri Dato’ Chua Ma Yu in February 2009.