Administrative Actions in 2023

No.

Nature of Misconduct

Parties Involved

Brief description of misconduct

Action Taken

Date of Action

1.

Breach 1
Section 25(4) of the Securities Industry (Central Depositories) Act 1991 (“SICDA”) read together with Section 354(1)(a) of the CMSA

Breach 2
Section 29A of SICDA read together with Section 354(1)(a) of the CMSA

Andrew Tiang Boon Hwa (“Andrew”)

Breach 1
For causing Andrew’s allotted N2N Connect Berhad (“N2N”) ESOS Shares to be deposited and maintained in Chin Hoi Tong’s ESOS Securities Account.

Breach 2
Dealings in respect of Andrew’s allotted N2N ESOS Shares were effected by Andrew in Chin Hoi Tong’s ESOS Securities Account.

  1. Reprimand for each breach; and
  2. Total penalty of RM1,267,751.00 
21 July 2023
2.

Breach 1
Section 25(4) of the Securities Industry (Central Depositories) Act 1991 (“SICDA”) read together with Section 354(1)(a) of the CMSA

Breach 2
Section 29A of SICDA read together with Section 354(1)(a) of the CMSA

Lai Su Ping
(“Lai”)

Breach 1
For causing Lai’s allotted N2N ESOS Shares to be deposited and maintained in Chin Hoi Tong’s ESOS Securities Account.

Breach 2
Dealings in respect of Lai’s allotted N2N ESOS Shares were effected by Lai in Chin Hoi Tong’s ESOS Securities Account.

  1. Reprimand for each breach; and
  2. Total penalty of RM1,110,251.00 
21 July 2023

On 3 August 2023, Lai had applied to the SC for a review of its decision to sanction her.

The review application was dismissed by the SC on 31 October 2023.

3.

Breach 1
Section 25(4) of the Securities Industry (Central Depositories) Act 1991 (“SICDA”) read together with Section 354(1)(a) of the CMSA

Breach 2
Section 29A of SICDA read together with Section 354(1)(a) of the CMSA

Chin Hoi Tong (“Chin”)

Breach 1
For permitting Andrew and Lai’s allotted N2N ESOS Shares to be deposited and maintained in his ESOS Securities Account and failing to ensure that his ESOS Securities Account only contain his own N2N ESOS Shares and not any other third parties including Andrew and Lai’s.

Breach 2
For facilitating or allowing the dealings in respect of Andrew and Lai’s allotted N2N ESOS Shares in his ESOS Securities Account by Andrew and Lai.

  1. Reprimand for each breach; and
  2. Total penalty of RM27,000.00

 

21 July 2023

On 2 August 2023, Chin had applied to the SC for a review of its decision to sanction him.

The review application was dismissed by the SC on 31 October 2023.

4.

i) Breach of paragraph 8.01 of the Guidelines On The Registration Of Venture Capital And Private Equity Corporations And Management Corporations read together with section 354(1)(b)(ii) of the Capital Markets and Services Act 2007.

ii) Breach of paragraph 3.04 of the Guidelines On The Registration Of Venture Capital And Private Equity Corporations And Management Corporations read together with section 354(1)(b)(ii) of the Capital Markets and Services Act 2007.

iii) Breach of section 232(1) of the Capital Markets and Services Act 2007 read together with section 354(1)(a) of the Capital Markets and Services Act 2007.

 

iv) Breach of section 246(1)(a) of the Capital Markets and Services Act 2007 read together with sections 229(3)(a), 230(3)(a) and 354(1)(a) of the Capital Markets and Services Act 2007.

Swordfish Solutions Sdn. Bhd.
(“Swordfish”)

Breach 1
Swordfish failed to make available, offer for subscription or purchase, or issue an invitation to subscribe or purchase of Space Capital Berhad's Cumulative Redeemable Preference Shares (“CRPS”) to sophisticated investors only.

Breach 2
Swordfish failed to maintain the required minimum shareholders’ fund.

Breach 3
Swordfish failed to register a prospectus with the SC for issuing, offering for purchase, and invitation to purchase Space Capital Berhad’s CRPS to non-sophisticated investors.

Breach 4
Swordfish failed to ensure that the Information Memorandum issued and deposited with the SC does not contain false statement.

 

  1. Reprimand for each of the breaches;
  2. Penalty of a total of RM270,000 for Breach 1 and Breach 3; and
  3. Directive for Swordfish to:
    (i)  refrain from conducting any marketing and fundraising activities for Space Capital without prior approval of the SC; and
    (ii) not offer any new fund without prior approval of the SC.

16 October 2023

On 2 November 2023, Swordfish filed a review application seeking a review of the sanctions imposed.

The review application was dismissed by the SC on 5 April 2024.

5.

i) Breach of section 232(1) of the Capital Markets and Services Act 2007 read together with sections 354(1)(a) and 367(1) of the Capital Markets and Services Act 2007.

ii) Breach of section 246(1)(a) of the Capital Markets and Services Act 2007 read together with sections 229(3)(a), 230(3)(a), 354(1)(a) and 367(1) of the Capital Markets and Services Act 2007.

Datuk Muniswaran @ Yogeswaran (“Datuk Muniswaran”)

As Executive Chairman of Swordfish during the material period, Datuk Muniswaran is deemed to have committed the breaches by Swordfish.

Breach 1
Swordfish failed to register a prospectus with the SC for issuing, offering for purchase, and invitation to purchase Space Capital’s Cumulative Redeemable Preference Shares to non-sophisticated investors.

Breach 2
Swordfish failed to ensure that the Information Memorandum issued and deposited with the SC does not contain false statement.

  1. Reprimand for each of the breaches; and
  2. Penalty of RM40,500 for Breach 1.

16 October 2023

On 2 November 2023, Swordfish had, on behalf of Datuk Muniswaran @ Yogeswaran filed a review application seeking a review of the sanctions imposed.

The review application was dismissed by the SC on 5 April 2024.

6.

i) Breach of section 232(1) of the Capital Markets and Services Act 2007 read together with sections 354(1)(a) and 367(1) of the Capital Markets and Services Act 2007.

ii) Breach of section 246(1)(a) of the Capital Markets and Services Act 2007 read together with sections 229(3)(a), 230(3)(a), 354(1)(a) and 367(1) of the Capital Markets and Services Act 2007.

Datin Suganthi A/P Ramalingam (“Datin Suganthi”)

As Executive Director of Swordfish during the material period, Datin Suganthi is deemed to have committed the breaches by Swordfish:

Breach 1
Swordfish failed to register a prospectus with the SC for issuing, offering for purchase, and invitation to purchase Space Capital’s Cumulative Redeemable Preference Shares to non-sophisticated investors.

Breach 2
Swordfish failed to ensure that the Information Memorandum issued and deposited with the SC does not contain false statement.

  1. Reprimand for each of the breaches; and
  2. Penalty of RM40,500 for Breach 1.

16 October 2023

On 2 November 2023, Swordfish had, on behalf of Datin Suganthi A/P Ramalingam filed a review application seeking a review of the sanctions imposed.

The review application was dismissed by the SC on 5 April 2024.

7.

i) Breach of paragraph 5.09 of the Guidelines On Advertising For Capital Market Products And Related Services read together with paragraph 5.07 of the Guidelines On Advertising For Capital Market Products And Related Services, and section 354(1)(b)(ii) of the Capital Markets and Services Act 2007.

ii)Breach of section 232(1) of the Capital Markets and Services Act 2007 read together with section 354(1)(a) of the Capital Markets and Services Act 2007.

iii) Breach of section 246(1)(a) of the Capital Markets and Services Act 2007 read together with sections 229(3)(a), 230(3)(a) and 354(1)(a) of the Capital Markets and Services Act 2007.

Space Capital Berhad
(“Space Capital”)

Breach 1
Space Capital fails to ensure the third-party provider whom Space Capital engaged for the purpose of promoting Space Capital’s Cumulative Redeemable Preference Shares adheres to the Guidelines On Advertising For Capital Market Products And Related Services

Breach 2
Space Capital failed to register a prospectus with the SC for issuing, offering for purchase, and invitation to purchase Space Capital’s CRPS to non-sophisticated investors.

Breach 3
Space Capital failed to ensure that the Information Memorandum issued and deposited with the SC does not contain false statement.

  1. Reprimand for each of the breaches;
  2. Penalty of RM135,000 for Breach 2; and
  3. Directive for Space Capital to refrain from conducting any marketing and fundraising activities of Space Capital without prior approval of the SC.

16 October 2023

On 2 November 2023, Space Capital filed a review application seeking a review of the sanctions imposed.

The review application was dismissed by the SC on 5 April 2024.

 

8.
  1. Breach of section 232(1) of the Capital Markets and Services Act 2007 read together with sections 354(1)(a) and 367(1) of the Capital Markets and Services Act 2007.
  2. Breach of section 246(1)(a) of the Capital Markets and Services Act 2007 read together with sections 229(3)(a), 230(3)(a), 354(1)(a) and 367(1) of the Capital Markets and Services Act 2007.

Datuk Muniswaran @ Yogeswaran
(“Datuk Muniswaran”)

As Executive Chairman of Space Capital during the material period, Datuk Muniswaran is deemed to have committed the breaches by Space Capital.

Breach 1
Space Capital failed to register a prospectus with the SC for issuing, offering for purchase, and invitation to purchase Space Capital’s Cumulative Redeemable Preference Shares to non-sophisticated investors.

Breach 2
Space Capital failed to ensure that the Information Memorandum issued and deposited with the SC does not contain false statement.

  1. Reprimand for each of the breaches; and
  2. Penalty of RM40,500 for Breach 1.

16 October 2023

On 2 November 2023, Swordfish had, on behalf of Datuk Muniswaran @ Yogeswaran filed a review application seeking a review of the sanctions imposed.

The review application was dismissed by the SC on 5 April 2024.

9.
  1. Breach of section 232(1) of the Capital Markets and Services Act 2007 read together with sections 354(1)(a) and 367(1) of the Capital Markets and Services Act 2007.
  2. Breach of section 246(1)(a) of the Capital Markets and Services Act 2007 read together with sections 229(3)(a), 230(3)(a), 354(1)(a) and 367(1) of the Capital Markets and Services Act 2007.

Ariivazhagan bin Supramaniam (“Ariivazhagan”)

As Executive Director of Swordfish during the material period, Ariivazhagan is deemed to have committed the breaches by Space Capital.

Breach 1
Space Capital failed to register a prospectus with the SC for issuing, offering for purchase, and invitation to purchase Space Capital’s Cumulative Redeemable Preference Shares to non-sophisticated investors.
Breach 2
Space Capital failed to ensure that the Information Memorandum issued and deposited with the SC does not contain false statement.

  1. Reprimand for each of the breaches; and
  2. Penalty of RM40,500 for Breach 1.

16 October 2023

10.

i) Breach of section 232(1) of the Capital Markets and Services Act 2007 read together with sections 354(1)(a) and 367(1) of the Capital Markets and Services Act 2007.

ii) Breach of section 246(1)(a) of the Capital Markets and Services Act 2007 read together with sections 229(3)(a), 230(3)(a), 354(1)(a) and 367(1) of the Capital Markets and Services Act 2007.

Chan Yee Keen (“Chan”)

As Executive Director of Swordfish during the material period, Chan is deemed to have committed the breaches by Space Capital.

Breach 1
Space Capital failed to register a prospectus with the SC for issuing, offering for purchase, and invitation to purchase Space Capital’s Cumulative Redeemable Preference Shares to non-sophisticated investors.

Breach 2
Space Capital failed to ensure that the Information Memorandum issued and deposited with the SC does not contain false statement.

  1. Reprimand for each of the breaches; and
  2. Penalty of RM40,500 for Breach 1.

16 October 2023

11.

Breach of Section 354(1)(a) of the Capital Markets and Services Act 2007 (“CMSA”) read together with:

  1. Section 212(5)(a) of the CMSA;
  2. Section 212(5)(b) of the CMSA; and
  3. Section 232(1) of the CMSA
QuestCorp Global Inc. (“QuestCorp”)
  1. QuestCorp failed to seek recognition by the Securities Commission Malaysia (“SC”) and failed to register with the SC a disclosure document, in relation to the making available, offer for subscription or purchase, or issue an invitation to subscribe for or purchase of QuestCorp’s shares; and
  2. QuestCorp failed to register a prospectus with the SC in relation to the issuance or offering for subscription or purch
  1. Reprimand; and
  2. Penalty of RM315,000.00

14 July 2023 

On 1 August 2023, QuestCorp had applied to the SC for a review of its own decision to sanction QuestCorp. 

The review application was dismissed by the SC on 31 October 2023.

12.

Pursuant to Section 367(1) of the Capital Markets and Services Act 2007 (“CMSA”), breach of Section 354(1)(a) of the CMSA, read together with:

  1. Section 212(5)(a) of the CMSA;
  2. Section 212(5)(b) of the CMSA; and
  3. Section 232(1) of the CMSA
See Kok Chong (“SKC”)

As the director and Chief Executive Officer of QuestCorp Global Inc., SKC is deemed to have breached Section 354(1) of the CMSA based on the following:

  1. QuestCorp’s failure to seek recognition by the Securities Commission Malaysia (“SC”) and failure to register with the SC a disclosure document, in relation to the making available, offer for subscription or purchase, or issue an invitation to subscribe for or purchase of QuestCorp’s shares; and
  2. QuestCorp failure to register a prospectus with the SC in relation to the issuance or offering for subscription or purchase of QuestCorp’s shares
  1. Reprimand; and
  2. Penalty of RM315,000.00

 

14 July 2023

On 1 August 2023, SKC had applied to the SC for a review of its own decision to sanction SKC.

The review application was dismissed by the SC on 31 October 2023.

13.

Breach of Section 354(1)(a) of the Capital Markets and Services Act 2007 (“CMSA”), read together with:

  1. Section 58 of the CMSA, read together with Part 1 and Part 2 of Schedule 2 of the CMSA;
  2. Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”); and
  3. Section 4(1)(b) of the AMLA.
Muhamad Afiq Bin Md Isa (“Afiq”)
  1. Afiq carried on a business in a regulated activity of providing investment advice to others concerning securities without holding a Capital Markets Services Licence; and
  2. Afiq engaged in a transaction that involves proceeds of an unlawful activity and had on 423 occasions received and/or possessed the proceeds of an unlawful activity.
  1. Reprimand;
  2. Penalty of RM1,975,570.88; and
  3. Directive that he closes all his websites and/or social media accounts/platforms (including his Twitter and Telegram Groups.

2 June 2023 

On 16 June 2023, Afiq had applied to the SC for a review of its own decision to sanction Afiq.

The review application was withdrawn on 14 December 2023.

14.

Breach of Section 354(1)(a) of the Capital Markets and Services Act 2007 (“CMSA”), read together with:

  1. Section 58 of the CMSA, read together with Part 1 and Part 2 of Schedule 2 of the CMSA;
  2. Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”); and
  3. Section 4(1)(b) of the AMLA.
Tan Soon Hin (“Tan”)
  1. Tan carried on a business in a regulated activity of providing investment advice to others concerning securities without holding a Capital Markets Services Licence; and

  2. Tan engaged in a transaction that involves proceeds of an unlawful activity and had used the proceeds of an unlawful activity.

  1. Reprimand;
  2. Penalty of RM517,500.00; and
  3. Directive that he closes all his websites and/or social media accounts/platforms (including FB Groups).

1 June 2023 

On 15 June 2023, Tan had applied to the SC for a review of its own decision to sanction Tan.

The review application was dismissed by the SC on 26 September 2023.

15.

Breach of Section 354(1)(a) of the Capital Markets and Services Act 2007 (“CMSA”), read together with:

  1. Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”); and
  2. Section 4(1)(b) of the AMLA.
Teh An See
(“Teh”)
Teh engaged in a transaction that involves proceeds of an unlawful activity and had on 842 occasions received and/or possess the proceeds of an unlawful activity
  1. Reprimand;
  2. Penalty of RM6,579,922.75; and
  3. Directive that she closes all hers and/or Tan Soon Hin’s websites and/or social media accounts/platforms (including the FB Groups).

1 June 2023

On 15 June 2023, Teh had applied to the SC for a review of its own decision to sanction Teh. 

The review application was dismissed by the SC on 26 September 2023.

16.
  • Ten (10) breaches of Paragraph 1.12 of Section A of the Guidelines on Unlisted Capital Market Products under the Lodge and Launch Framework (“LOLA Guidelines”) and Paragraph 9.04(f) of the Guidelines on Conduct for Capital Market Intermediaries (“Conduct Guidelines”); and
  • Four (4) breaches of Paragraph 9.04(e) of the Conduct Guidelines,

read together with Section 354(1)(b)(ii) of the Capital Markets and Services Act 2007

United Overseas Bank (Malaysia) Berhad
  • Submission of ten (10) monthly post-issuance reports to the SC in relation to structured products which contains information which are not true, incomplete and inaccurate; and
  • Failure to promptly report to the SC upon discovering the breaches of Paragraph 1.12 of Section A of  the LOLA Guidelines and Paragraph 9.04(f) of the Conduct Guidelines.
  1. Reprimand for each of the fourteen (14) breaches; and
  2. Total penalty of RM230,000.
15 December 2023
17. Breach of Paragraph 4.17, Section B, Part 1 of the Guidelines on Unlisted Capital Market Products under the Lodge and Launch Framework read together with Section 356(1)(a) of the Capital Markets and Services Act 2007 AIIMAN Asset Management Sdn. Bhd. Delay of one (1) business day in the submission of the monthly investment returns for a wholesale fund to the SC. Penalty of RM1,000 30 November 2023
18.
  • Breach of Section 369(b)(D) of the Capital Markets and Services Act 2007 (“CMSA”) read together with Section 354(1)(a) of the CMSA
  • Breach of Paragraph 2.18(1)(c) of the Bursa Malaysia Securities Berhad (“Bursa Malaysia”) ACE Market Listing Requirements (“AMLR”) read together with Section 354(1)(b)(i) of the CMSA;
  • Breach of Section 369(b)(E) of the CMSA read together with Section 354(1)(a) of the CMSA;
  • Breach of Paragraph 4.05A(1)(b) of the AMLR read together with Section 354(1)(b)(i) of the CMSA
Inter-Pacific Securities Sdn Bhd (“Inter-Pac”) Submission of false information pertaining to the validity of its QP status to the SC (via Annual Declaration) and Bursa Malaysia (via Listing Applications)
  1. Reprimand; and
  2. Penalties of RM330,000; and
  3. Directive to allocate and utilise a sum of not less than RM330,000 for the next 2 years towards review and enhancement of Inter-Pac’s policies and procedures with respect to appointment and cessation of QPs and ensuring effective implementation of Inter-Pac’s enhanced policies and procedures.

2 October 2023

On 25 October 2023, Inter-Pac had applied to the SC for a review of its decision to sanction Inter-Pac.

The review application was dismissed by the SC on 14 December 2023.

19.
  • Breach of Section 369(b)(D) of the CMSA read together with Section 354(1)(a) of the CMSA;
  • Breach of Section 369(b)(E) of the CMSA read together with Paragraph 6.08 of the Rules of Bursa Malaysia and Section 354(1) of the CMSA
Tan Mun Choy (“TMC”) Submission of false information pertaining to the validity of its QP status to the SC (via Annual Declaration) and Bursa Malaysia (via Listing Applications)
  1. Reprimand;
  2. Penalty of RM144,000; and
  3. Disqualification as an Executive Director of Inter-Pac.

2 October 2023

On 27 October 2023, TMC had applied to the SC for a review of its decision to sanction TMC.

On 14 December 2023, the SC affirmed its decision in respect of the findings of breach and the reprimand imposed, but reduced the quantum of penalty from RM198,000.00 to RM144,000.00.

20.
  • Breach of Section 369(b)(D) of the CMSA read together with Section 354(1)(a) of the CMSA
  • Breach of Paragraph 2.18(1)(c) of the Bursa Malaysia AMLR read together with Section 354(1)(b)(i) of the CMSA;
  • Breach of Section 369(b)(E) of the CMSA read together with Section 354(1)(a) of the CMSA
Sheryn Chow Suet Yim (“Sheryn Chow”) Submission of false information pertaining to the validity of her QP status to the SC (via Annual Declaration) and Bursa Malaysia (via Listing Applications)
  1. Reprimand; and
  2. Penalty of RM210,000

2 October 2023

On 18 October 2023, Sheryn Chow filed a review application with the SC against the quantum of penalty imposed.

On 14 December 2023, the SC allowed Sheryn Chow’s review application and reduced the quantum of penalty from RM300,000.00 to RM210,000.00.

21.
  • Breach of Paragraph 2.18(1)(c) of the Bursa Malaysia AMLR read together with Section 354(1)(b)(i) of the CMSA
Amy Ng Submission of false information pertaining to the validity of the QP status to Bursa Malaysia (via Listing Applications)
  1. Reprimand; and
  2. Penalty of RM94,500

2 October 2023

On 27 October 2023, Amy Ng had applied to the SC for a review of its decision to sanction Amy Ng.

The review application was dismissed by the SC on 14 December 2023.

22.
  • Breach of Paragraph 2.18(1)(c) of the Bursa Malaysia AMLR read together with Section 354(1)(b)(i) of the CMSA
Hen Jong Ren Submission of false information pertaining to the validity of the QP status to Bursa Malaysia (via Listing Applications)
  1. Reprimand; and
  2. Penalty of RM94,500

2 October 2023

On 27 October 2023, Hen Jong Ren had applied to the SC for a review of its decision to sanction Hen Jong Ren.

The review application was dismissed by the SC on 14 December 2023.

23. Breach of Paragraph 4.17, Section B, Part 1 of the Guidelines on Unlisted Capital Market Products under the Lodge and Launch Framework read together with Section 356(1)(a) of the Capital Markets and Services Act 2007 CGS-CIMB Wealth Management Sdn Bhd Delay in the submission of the monthly statistical returns for its wholesale fund known as CGS Ihsan Income Fund to the SC with a delay of two (2) business days. Penalty of RM2,000 8 November 2023
24. Breach  of subsection 218(3) of the Capital Markets and Services Act 2007 (“CMSA”) read together with paragraph 15(2) of the Malaysian Code on Take-overs and Mergers 2016 (“Code”) and subparagraph 4.01(b) of the Rules on Take-overs, Mergers and Compulsory Acquisitions (“Rules”)
  • Telaxis Sdn Bhd (“Telaxis”)
  • Adil Cita Sdn Bhd
  • LGB Holdings Sdn Bhd
  • LGB Group Sdn Bhd
  • Dato’ Lim Chee Meng
  • Lim Chin Sean
  • Lim Shiak Ling
  • Datin Lim Ai Ling
  • Lim Siew Ling
  • Datin Geh Sok Lan @ Goay Sook Lan
  • L-Six Holdings Sdn Bhd (collectively referred to as “Telaxis and the PACs”)
Failure to undertake a mandatory take-over offer on Parkwood Holdings Berhad (“Parkwood”) following the acquisition of Parkwood shares by Telaxis on 17 January 2022 (“Triggering Acquisition”), which increased the collective shareholdings of Telaxis and the PACs by more than 2.00% within a period of six (6) months and triggered the creeping threshold.
  1. Reprimand;
  2. Penalty of RM500,000 against Telaxis and the PACs collectively;  and
  3. Directive to Telaxis to sell down its shareholding to its original position prior to the Triggering Acquisition within six (6) months with the following conditions:
    1. The disposal must be made to independent parties who are not persons acting in concert with Telaxis or its persons acting in concert;
    2. The SC must be notified upon completion of the disposal; and
    3. Pending the disposal, Telaxis and the PACs are only allowed to exercise up to 46.45% of the voting rights in Parkwood.
24 October 2023
25. Two (2) breaches of Paragraph 4.17, Section B, Part 1 of the Guidelines on Unlisted Capital Market Products under the Lodge and Launch Framework read together with Section 356(1)(a) of the Capital Markets and Services Act 2007 Golden Touch Asset Management Sdn Bhd

Delay in the submission of the following for a wholesale fund to the SC :

  1. Monthly statistical returns with a delay of ten (10) business days; and
  2. Monthly investment returns with a delay of three (3) business days.
Penalty of RM13,000 (RM10,000 and RM3,000 respectively). 28 August 2023
26. Section 354(1)(a) of the Capital Market and Services Act 2007 (“CMSA”) read together with Section 25(4) of the Securities Industry (Central Depositories) Act 1991 (“SICDA”) Chew Koon Lin

Based on available evidence, Chew Koon Lin was found to be the actual beneficial owner of the successfully allotted shares of Powerwell Holdings Berhad and 11 other IPO shares which were held in 67 Central Depository System (CDS) accounts under the names of third party individuals.

  1. Reprimand; and
  2. Penalty of RM1,258,107.00.

3 May 2023

On 16 May 2023 and 26 May 2023,Chew Koon Lin filed a review application with the SC against the sanctions imposed.

The review application was dismissed by the SC on 22 August 2023.

27. Breach of Paragraph 4.17, Section B, Part 1 of the Guidelines on Unlisted Capital Market Products under the Lodge and Launch Framework read together with Section 356(1)(a) of the Capital Markets and Services Act 2007 Areca Capital Sdn Bhd ("Areca") Delay of three (3) business days in the submission of the monthly investment returns for a wholesale fund to the SC.  Penalty of RM3,000. 16 August 2023
28. Two (2) breaches of Section 356(1)(a) of the Capital Markets and Services Act 2007read together with Paragraph 4.17, Section B, Part 1 of the Guidelines on Unlisted Capital Market Products under the Lodge and Launch Framework (“LOLA Guidelines”) MTC Asset Management (M) Sdn Bhd
(“MTC”)

Breach 1             

Late submission of the 2020 annual report of a fund, with a delay of twelve (12) calendar days to the SC and thirteen (13) calendar days to the investors

Breach 2

Late submission of the 2021 annual report of a fund, with a delay of four (4) calendar days to the SC and sixteen (16) calendar days to the investors

Penalty of RM100,000 via an enforceable undertaking consisting of payment of RM50,000 and undertaking to ensure compliance of reporting obligations under LOLA Guidelines for a period of three (3) years, failing which MTC is required to pay the remaining penalty sum of RM50,000 immediately.

MTC did not agree to the above terms and conditions.

16 May 2023

On 25 May 2023, MTC had applied to the SC for a review of its decision to sanction MTC. On 1 September 2023, the SC maintained its decision in respect of the penalty of RM100,00 via an enforceable undertaking with the same terms and conditions, save for a modification to condition (c), namely MTC agrees that the decision of the SC is final and not to pursue the matter further.

MTC agreed to the above terms and conditions and paid the penalty sum of RM50,000.

29.

Breach of Paragraph 4.17, Section B, Part 1 of the Guidelines on Unlisted Capital Market Products under the Lodge and Launch Framework (“LOLA Guidelines”) read together with Section 356(1)(a) of the Capital Markets and Services Act 2007

ATM Capital Management Sdn Bhd (“ATM”)

Late submission of the annual report for two (2) wholesale funds, with a delay of twenty-three (23) calendar days to the SC and twenty-five (25) calendar days to the investors

Penalty of RM16,000 via an enforceable undertaking consisting of payment of RM4,800 and undertaking to ensure compliance of reporting obligations under LOLA Guidelines for a period of three (3) years, failing which ATM is required to pay the remaining penalty sum of RM11,200 immediately.

11 July 2023

30.

Breach of Section 58(1) of the  Capital Markets and Services Act 2007 (“CMSA”) read together with Part 1 of Schedule 2 and Section 354(1)(a) of the CMSA

Asma binti Nasarudin

Carrying on a business in a regulated activity of providing investment advice to others concerning securities without holding a Capital Markets Services License

  1. Reprimand; and
  2. Penalty of RM257,000.00

16 November 2022

On 13 December 2022, Asma filed a review application with the SC against the sanctions imposed.

The review application was dismissed by the SC on 3 May 2023.

31.

Breach of Section 58(1) of the Capital Markets and Services Act 2007 (“CMSA”) read together with Section 354(1)(a) of the CMSA

Logeswaran a/l Balasubramaniam

Carrying on a business in a regulated activity of providing investment advice to others concerning securities without holding a Capital Markets Services Licence

  1. Reprimand; and
  2. Penalty of RM303,376.00

17 April 2023

32. 

Breach of Section 58(1) of the Capital Markets and Services Act 2007 (“CMSA”) read together with Part 1 of Schedule 2 and Section 354(1)(a) of the CMSA

Andrew Ng Gim Meng

Carrying on a business in a regulated activity of providing investment advice to others concerning securities without holding a Capital Markets Services Licence

  1. Reprimand; and
  2. Penalty of RM248,140.00

17 April 2023

On 3 May 2023, Andrew filed a review application with the SC against the quantum of penalty imposed.

The review application was dismissed by the SC on 7 July 2023.

33.

Two (2) breaches of Paragraph 4.17, Section B, Part 1 of the Guidelines on Unlisted Capital Market Products under the Lodge and Launch Framework read together with Section 356(1)(a) of the Capital Markets and Services Act 2007

Inter-Pacific Asset Management Sdn. Bhd.

Breach 1

Delay of eighty-nine (89) calendar days in the submission of the annual report for a wholesale fund to both the investors and the SC; and

Breach 2

Delay of two (2) business days in the submission of the monthly investment returns for a wholesale fund to the SC.

Penalty of RM50,000 for Breach 1 and RM2,000 for Breach 2

14 June 2023

34. Breach of Section 354(1)(a) of the Capital Markets and Services Act 2007 (“CMSA”) read together with section 7(1) of the CMSA and Order 3(1) of the Capital Market and Services (Prescription of Securities) (Digital Currency and Digital Token) Order 2019 (“CMSA Order”) Huobi Global Limited Huobi Global Limited had operated a recognized market (digital asset exchange) without registering with the SC under Section 34 of the CMSA via the website https://www.huobi.com/en-us/  and also through its mobile applications in Apple Store https://apps.apple.com/us/app/huobi-buy-crypto-bitcoin/id1023263342  and Google Play at https://play.google.com/store/apps/details?id=pro.huobi&hl=en&gl=US
  1. Reprimand,pursuant to Section 354(3)(c) of the CMSA;
  2. Directive to mitigate the effect of the Breach pursuant to Section 354(3)(d) of the CMSA where Huobi Global Limited is required to:-(i)disable Huobi Global Limited 's Website and Apps (in Apple Store, Google Play or any other digital application platform) in Malaysia
    (ii) immediately cease circulating, publishing or sending any advertisements, whether in email, social media platforms or otherwise, to Malaysian investors.
19 April 2023
35. Breach of Section 354(1)(a) of the Capital Markets and Services Act 2007 (“CMSA”) read together with sections 7(1) and 367(1) of the CMSA and Order 3(1) of the Capital Market and Services (Prescription of Securities) (Digital Currency and Digital Token) Order 2019 (“CMSA Order”) Leon Li Lin Huobi Global Limited (where Leon Li Lin is the Founder and Chief Executive Officer) had operated a recognized market (digital asset exchange) without registering with the SC under Section 34 of the CMSA via the website https://www.huobi.com/en-us/  and also through its mobile applications in Apple Store https://apps.apple.com/us/app/huobi-buy-crypto-bitcoin/id1023263342  and Google Play at https://play.google.com/store/apps/details?id=pro.huobi&hl=en&gl=US
  1.  Reprimand, pursuant to Section 354(3)(c) of the CMSA;
  2. Directive to mitigate the effect of the Breach pursuant to Section 354(3)( d) of the CMSA where Leon Li Lin is required to cause Huobi Global Limited to:-
    (i) disable Huobi Global Limited's Website and Apps (in Apple Store, Google Play or any other digital application platform) in Malaysia
    (ii) immediately cease circulating, publishing or sending any advertisements, whether in email, social media platforms or otherwise, to Malaysian investors.
19 April 2023
36.

Breach of Section 356(1)(a) of the Capital Markets and Services Act 2007 read together with Paragraph 4.17, Section B, Part 1 of the Guidelines on Unlisted Capital Market Products under the Lodge and Launch Framework

PMB Investment Berhad (“PMB”)

Delay of one (1) business day in the submission of the monthly statistical returns for a wholesale fund to the SC.

Penalty of RM1,000.

10 April 2023

37.

Breach of Section 356(1)(a) of the Capital Markets and Services Act 2007 read together with Paragraph 4.17, Section B, Part 1 of the Guidelines on Unlisted Capital Market Products under the Lodge and Launch Framework

Kenanga Investors Berhad (“KIB”)

Breach 1
Delay of one (1) calendar day in the submission of the annual report of a wholesale fund to both the investors and the SC.

Breach 2
Delay of one (1) business day in the submission of the monthly statistical returns for a wholesale fund to the SC.

Penalty of RM5,000.00.

23 February 2023

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