No. |
Nature of Misconduct |
Parties Involved |
Brief description of misconduct |
Action Taken |
Date of Action |
---|---|---|---|---|---|
1. | Breach 1 Breach 2 |
Andrew Tiang Boon Hwa (“Andrew”) |
Breach 1 Breach 2 |
|
21 July 2023 |
2. | Breach 1 Breach 2 |
Lai Su Ping |
Breach 1 Breach 2 |
|
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 Breach 2 |
Chin Hoi Tong (“Chin”) |
Breach 1 Breach 2 |
|
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. |
Breach 1 Breach 3 Breach 4
|
|
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 Breach 2 |
|
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 Breach 2 |
|
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 |
Breach 1 Breach 2 Breach 3 |
|
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. |
|
Datuk Muniswaran @ Yogeswaran |
As Executive Chairman of Space Capital during the material period, Datuk Muniswaran is deemed to have committed the breaches by Space Capital. Breach 1 Breach 2 |
|
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. |
|
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 |
|
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 Breach 2 |
|
16 October 2023 |
11. | Breach of Section 354(1)(a) of the Capital Markets and Services Act 2007 (“CMSA”) read together with:
|
QuestCorp Global Inc. (“QuestCorp”) |
|
|
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:
|
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:
|
|
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:
|
Muhamad Afiq Bin Md Isa (“Afiq”) |
|
|
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:
|
Tan Soon Hin (“Tan”) |
|
|
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:
|
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 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. |
read together with Section 354(1)(b)(ii) of the Capital Markets and Services Act 2007 |
United Overseas Bank (Malaysia) Berhad |
|
|
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. |
|
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) |
|
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. |
|
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) |
|
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. |
|
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) |
|
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. |
|
Amy Ng | Submission of false information pertaining to the validity of the QP status to Bursa Malaysia (via Listing Applications) |
|
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. |
|
Hen Jong Ren | Submission of false information pertaining to the validity of the QP status to Bursa Malaysia (via Listing Applications) |
|
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”) |
|
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. |
|
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 :
|
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. |
|
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 |
|
16 November 2022 On 13 December 2022, Asma filed a review application with the SC against the sanctions imposed. |
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 |
|
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 |
|
17 April 2023 On 3 May 2023, Andrew filed a review application with the SC against the quantum of penalty imposed. |
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 |
|
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 |
|
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 Breach 2 |
Penalty of RM5,000.00. |
23 February 2023 |