Technical Note No.2/2020 - Clarification on Requirement to Deposit for Inspection a Copy of Material Contract or Document Referred to in the Prospectus Under Subsection 233(3)(b) of the Capital Markets and Services Act 2007 (CMSA)

23 December 2020

1) Under subsection 233(3)(b), an issuer shall cause a copy of every material contract or document referred to in the prospectus to be deposited –
    1. at the registered office of the issuer in Malaysia, and if it has no registered office in Malaysia, at the address specified in the prospectus for that purpose;
    2. in the case of a unit trust scheme or prescribed investment scheme, at the registered office of the issuer and the trustee in Malaysia, at the address specified in the prospectus for that purpose
within three (3) days after the registration of the prospectus and shall keep each such copy, for such period as may be specified by the SC, for inspection by any person without charge.
2) The SC would like to clarify that the term ‘material contract’ for purposes of subsection 233(3)(b) shall refer to material contract not in the ordinary course of business only.
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