• A failure to deposit the securities by 1 December 1998; or
• A failure to transfer the securities either in the name of a beneficial owner or an authorised nominee

1. Q: What happens if I do not deposit my scrips or transfer the securities either in the name of a beneficial owner or an authorised nominee by 1 December 1998?
A: Under the amendments to the securities laws these securities which have failed to meet the deadline of 1 December 1998 will, by operation of law, be transferred into a CDS account under the name of the Minister of Finance.

2. Q: What kind of securities need to be deposited?
A: All securities must be deposited into the central depository including shares, debentures, TSRs, warrants and loan stocks.

3. Q: Can I get my securities back if they have been transferred to the Minister of Finance?
A: You are automatically given a right to make an application to the SC between 1 December 1998 and 1 June 1999 requesting for the re-transfer of your securities back to your CDS account.

4. Q: How do I apply to recover my securities?
A: To apply for recovery of shares, you must fill up a set standard forms. These forms are available from:

• the SC Homepage at http://sc.com.my/html/publications/guide.html. ;
• the Corporate Affairs Department of the SC;
• share registrars;
• stockbroking companies;
• Association of Stockbroking Companies Malaysia (ASCM);
• Persatuan Remisier Bumiputera (PRIBUMI); and
• Association of Remisiers Malaysia (PERSAMA).

There are two types of forms - Form SRU1 for applications relating to mandatory deposit of securities into MCD and Form SRU2 relating to transfer of existing CDS securities into the securities account of beneficial owner or an authorised nominee The forms are free-of-charge.

5. Q: Are there any fees payable to the SC for making such an application?

A: No payment is payable to the SC for the application.

6. Q: What information and documents does the SC require when I have failed to deposit my scrips by 1 December 1998?

A: The SC will require different sets of information and documents for different situations. Information and documents required for the following situations are:

a. If you have lost your scrips or your scrips were stolen

You must go to the relevant share registrar and request for a replacement certificate which will be given to you solely for the purposes of making an application to the SC after 1 December 1998. You must continue to comply with section 102 of the Companies Act 1965 which requires you to give the share registrar a statutory declaration, undertaking, indemnity and to place an advertisement, where applicable, before a replacement certificate can be issued. Please check with the respective share registrars to ascertain the cost for this process. In any application to the Commission you must include:

• Form SRU1 - duly completed;
• The original replacement certificate(s);
• A certified true copy of your identity card or passport; and
• If you are a company, we will require a certified true copy of your certificate of incorporation and an original authorisation letter granted by the board of the company to the person representing the company with respect to this appeal.

b. If you were/are away from Malaysia

In any application you must include:

• Form SRU1 - duly completed;
• The original scrip(s);
• A certified true copy of your identity card or your passport ;
• If you are a company, we will require a certified true copy of your certificate of incorporation and an original authorisation letter granted by the board of the company to the person representing the company with respect to this appeal; and
• A certified true copy of travel documents by a notary public if possible; if not by a registered lawyer, to prove that you were abroad between 1 November 1998 and 1 December 1998.

c. If the securities belong to a deceased person

In any application, you must include:

• Form SRU1 - duly completed;
• An extract or certified true copy of the death certificate for the deceased shareholder;
• A certified true copy of your identity card or passport;
• The original scrip(s) ; and
• Certified true copies of the originating papers filed into a Malaysian court or other recognised body (for example, the Land Office under the Small Estates Distribution Act) applying to extract letters of administration or grant of probate.

d. If the securities are subject to a court dispute

In any application, you must include:

• Form SRU1 - duly completed ;
• The original scrip(s);
• A certified true copy of your identity card or passport;
• Certified true copies of the originating court papers ; and
• Names of the solicitors on record .

NOTE: A checklist of supporting documents required will be attached to the standard forms for your reference.

7. Q: What if I fall within one of these categories but I hold scrips that are not in my name although I am the beneficial owner?

A: You must, in addition to the documentation required under the above specific categories, submit to the SC an original transfer deed (i.e. Form 32A) duly executed by the registered owner of the scrip. You may also, in addition, be required to submit the original contract note evidencing that the securities belong to you. Please contact your broker to obtain the contract notes if necessary.

8. Q: What if I don't fall within any of the above categories ?

A: For any other reason, such cases will be considered on a case by case basis. Applications arising from a failure to transfer the securities either into the name of a beneficial owner or an authorised nominee will also be considered on a case by case basis.

9. Q: Will the Commission refuse an application?

A: The Commission may refuse an application if it is not satisfied with the reasons given or if there is insufficient documentary support.

10. Q: Do I have to come in person to make the application?

A: If you are unable to come in person, you may deliver the applications together with the supporting documents to the SC by hand, courier or AR registered post. No faxed applications or e-mailed applications will be entertained. Please do not send your original scrips by ordinary post.

11. Q: Where do I send my application to?

A: The completed form together with all supporting documentation (plus original scrips) should be sent to:

The Share Recovery Unit (SRU)

Securities Commission

No. 3 Persiaran Bukit Kiara

Bukit Kiara

50490 Kuala Lumpur

Once again, please note that no faxed applications or e-mailed applications will be entertained. Please do not send your original scrips by ordinary post.

12. Q: How do I obtain certification of copies of my documents?

A: Documents may be certified by the following:

• an officer of the SC at the Share Recovery Unit (SRU); or
• licensed Commissioner of Oaths/Notary Public; or
• where applicants reside in a country that has no Notaries, it may be certified by a registered/licensed lawyer or foreign broker.

13. Q: Who do I speak to if I have more queries?

A: For any further queries please contact the SRU:

• by phone at 03 - 253 6130 or 03 - 253 6132
• by fax at 03 253 6175 ; or
• by email at [email protected]

14. Q: How soon can I receive a decision from the SC?

A: The SC will revert with a decision no later than two months of receipt of any application PROVIDED that all requisite documentation is received by us. If your reason for failing to deposit the shares does not come within one of the identified categories above, such applications may take a longer time to be considered.

15. Q: What if I don't make an application to the SC by 1 June 1999?

A: Under the amended securities laws, if no appeal is made to the Securities Commission by 5 p.m. 1 June 1999, the Minister may, by operation of law, dispose of the securities, at his discretion, at any time after that period and the sale proceeds would be treated as unclaimed moneys.

Nonetheless, the SC wishes to assure affected members of the public that it is the policy of the Government that all securities that have been transferred to the securities account of the Minister of Finance by operation of law, will not be disposed of by the Minister of Finance for a period of one year from 1 December 1998. In cases where there is an application to the SC that has yet to be determined, the Minister will not dispose of such securities until the application has been decided upon.

16. Q: What are the securities that are exempted from deposit into MCD by 1 December?

A: The following are categories of securities which need not be deposited into the MCD by 1 December 1998:

1. If the shares belong to a deceased person in respect of which an application for a Grant of Probate or Letters of Administration is made, or an application to reseal the same has been filed in the Courts of Law in Malaysia or with any relevant authorities (for example, the Land Office under the Small Estates Distribution Act) in Malaysia prior to 1 December 1998. Please refer to the SC's press statement of 25 November for details of documents that need to be submitted to the share registrar and Central Depository.
2. If the shares are subject to an existing court order (obtained prior to 1 December 1998) that restrains any dealing in the securities. Please refer to the SC's press statement of 25 November 1998 for details of documents that need to be submitted to the share registrar and Central Depository.
3. Securities which have been seized or confiscated by any person duly authorised under any written law.
4. Securities which are subject to section 353 of the Companies Act 1965.