Latest Development in Capital Market Regulations, Conduct and Practices

Laws & Regulations

02
Sep 2024

02 Sep - 03 Sep 2024

9:00 am - 5:30 pm

Conference Hall 3, Securities Commission Malaysia

Registration closing date is 3 business days before the programme date or when all seats are fully taken. The listed price is intended for Malaysian participants only. If you are a non-Malaysian, we kindly request you to reach out to Mr. Nor Effendi Othman at EffendiO@sidc.com.my for further information.
HRD Corp
Claimable
10 CPE

MYR 2,600 *Fee is inclusive of 8% SST

HRDC-Claimable
HRDC-TrainingProvider

HRD Corp Registered Course/Programme No.: 10001442171

Latest Development in Capital Market Regulations, Conduct and Practices

Embark on a transformative journey through the ever-evolving landscape of capital markets! Did you know that in 2023, a total of 140 administrative sanctions were imposed by the SC for various misconducts and breaches of securities laws? The programme uniquely incorporates special focus on latest regulatory updates shaping the capital market. It explores critical aspects, addressing good conduct among intermediaries and tackling the challenges of market misconduct. This includes insider trading and market manipulation, impacting business performance and reputation. Delving into real-world cases and cutting-edge methods, it covers enforcement, penalties, and impacts on businesses. Discussion will also revolve around regulatory’s requirements and expectations as well as practical steps to promote better ethical standards, aligned with the latest regulations and practices with impact beyond capital market. Hence, the latest update of the SC Guidelines on Conduct for Capital Market Intermediaries will shed its insights in ensuring the market is conducted fairly and with integrity.

Moderator

Tehmina Kaoosji has a decade of live breaking news and current affairs programming experience across public, private, and online broadcast sectors in

SPEAKER / PANELLIST

Chin En Tek is an Assistant General Manager at the Law Reform Department, General Counsel’s Office, Securities Commission Malaysia.

Shahrin Shaikh Mohd has over 25 years of experience in fund management, unit trusts, and capital market regulation. Shahrin is responsible for implementing

Dato’ Dr. Azman, as MD & CEO of SJ Securities Sdn Bhd, manages its operations involving strategy, research, marketing, liaison with authorities,

Lok Eng Hong is Head of Investment Management Mid Market Client Solutions and Regional Head of Dealing at Maybank Investment Bank Berhad, serving large corporates, listed companies, high net worth investors, and business partners.

Scarlett is the Country Manager for Luno Malaysia, a leading regulated digital asset exchange (DAX) committed to providing a safe and secure platform for people to buy, store and explore digital assets. Previously, Scarlett served as Marketing Manager of Luno Malaysia

Julian Ng has about 20 years of experience in the investment banking industry and has worked regionally in Malaysia, Singapore and Hong Kong. He also produced and hosted prime-time business and finance shows on BFM89.9, the business radio station.

Muzzaffar Othman currently serves as Chief Executive Officer and Executive Director of ASNB. He holds a Degree Bachelor of Science (Chemistry) and has served in several organizations before the current position in ASNB.

Chief SAC Mohd Nur Lokman bin Samingan is the Sector Head of Anti-Corruption Initiatives at MACC’s National Governance Planning Division. He contributed to the National Anti-Corruption Strategies (NACS) document

Reinushini Chandrasegaram is the Managing Director of RC Compliance Sdn. Bhd., specialising in anti-corruption compliance, ESG/ sustainability assurance, and corruption risk management. With over 30 years of

DAVID MEOW has over 30 years of experience in capital and financial markets, specializing in financial modeling, business and securities valuation, financial risk management, financial reporting, capital markets law, and investment

Programme Objective

This programme is designed to equip participants with the latest insights on updated rules, regulations, and guidelines, particularly the Guidelines on Conduct for Capital Market Intermediaries, to foster professional conduct, fair, and ethical practices in the capital market.

Mode

Physical

Target Audience

Individuals

Capital Market Representative’s Licence (CMSRL) Dealing in Securities and Derivatives, Fund Managers, Compliance Officers, Financial Planners, Wealth and Legal Advisors, Risk Management Officers, Lawyers, Internal Auditors, Governance Officers, Professionals undertaking corporate advisory work, and academia interested in capital market regulations, market conduct, and practices.

Institutions

Capital Market Intermediaries, Public Listed Companies (PLs), Regulatory and Supervisory Bodies

Learning Outcomes

Upon completion of this programme, the participants will be able to:

  • Describe the key amendments of the guidelines and their impact on the obligations expected of a licensed person and organization in carrying out capital market-related services.
  • Explain how the revised guidelines will impact CMIs’ treatment of vulnerable clients.
  • Explain the essential components that constitute securities offences of insider trading and its implications.
  • Discuss the relevant cases arising from insider trading activities.
  • Explain the scope and impact of personal advice provision.
  • Describe the required steps to be taken in relation to giving personal advice, including via online platforms.
  • Discuss how government agencies and initiatives play their role in combating and preventing corruption.
  • Describe the latest development in relation to insider trading laws and its implications.
  • Relate regulatory expectations and best practices in mitigating the risks involving insider trading.

Competencies

ICF Logo
  • Foundational (Regulatory) – Capital Market Intermediaries (Proficiency Level 3)
  • Foundational (Regulatory) – Capital Market Products Regulation (Proficiency Level 3)
  • Functional (Process) – Compliance (Proficiency Level 3)
  • Core – Ethics and Integrity (Proficiency Level 3)

PROGRAMME – DAY ONE

9.00 am New Updates of SC Guidelines on Conduct for Capital Market Intermediaries – Effective 1 October 2024

  • Overview and key requirements of the guidelines
  • Who does it apply to?
  • Rationale of three (3) major areas addressed in the latest guidelines
    • Capital Market Institutions (CMI’s) treatment of vulnerable clients
    • Provision of personal advice to clients
    • Provision of capital market-related service on or through an online platform
  • The obligations of licensed persons, registered persons and other representatives who carry out capital market-related services
  • How the guidelines promote the building of trust, integrity and fairness within capital market industry

Panellists
Chin En Tek Assistant General Manager, Law Reform Securities Commission Malaysia
Shahrin Shaikh Mohd Chief Compliance, Risk and Legal Officer AHAM Asset Management Berhad

10.45 am Coffee Break
11.00 am Capital Market Institutions Treatment of Vulnerable Clients

  • Definition of vulnerable clients – What does it mean and who are they?
  • Designing and implementing relevant controls, policies and procedures (CPP)
  • Role of gatekeepers in CMI’s treatment of vulnerable clients
  • Issues and challenges of standard form of contracts

Discussions: How the vulnerable clients should be treated fairly and be allowed to make a well-informed investment decisions

Provision of Personal Advice to Clients

  • Definition of personal advice
  • Scope or applicability of personal advice
  • What constitutes ‘reasonable basis’ in giving personal advice?

Case Discussions: ESG and ESG related products – Expected conduct and potential misrepresentations

Panellist
Dato’ Dr Azman Manaf Managing Director and CEO SJ Securities Sdn Bhd

Lok Eng Hong Head, Mid Market Solutions and Regional
Head, Dealing, Maybank Investments Bank Berhad

12.30 pm Lunch Break
2.00 pm Provision of Capital Market-related Service on or through an Online Platform

  • What are online platforms that capital market-related service could be carried on or provided?
  • Dos and don’ts of online platform for capital market-related service
  • Risk management and governance oversight of online platforms – including algorithms

Discussions: The rise of digital investment managers and how the tone from the top play a role in building a corporate culture that prioritises the interests of clients.

Panellists
Julian Ng CEO & Co-Founder Akru Now Sdn Bhd

Scarlett Chai Country Manager (APAC-Malaysia) LUNO

Muzzaffar Othman Chief Executive Officer and Executive
Director, Amanah Saham Nasional Berhad

3.30 pm Coffee Break
4.45 pm National Anti-Corruption Strategy (NACS) 2024-2028

  • Understanding the Five (5) core strategies of the NACS and its objectives
  • 60 sub-strategies to be implemented over five years in combating corruption
  • Efforts and initiatives in Education, Public Accountability, Voice, Enforcement and Incentives

Discussions: How the NACS strategy support the ongoing efforts and its impact on various parties including politicians, public administration, government procurement, law enforcement, legal and judicial institutions, the private sector and the general public.

Panellists
Chief SAC Mohd Nur Lokman bin Samingan Sector Head
of Anti-Corruption Initiatives of the National Governance
Planning Division, MACC

Reinushini Chandrasegaram Managing Director
RC Compliance Sdn. Bhd.

5.30 pm End of Programme

PROGRAMME – DAY TWO

9.00 am Development of Insider Trading Laws in the Malaysian Capital Market

  • Who is considered as an ‘insider’ – S188 Capital Markets and Services Act 2007 (CMSA)
  • What constitutes Material Non-public Information (MNPI)
    • What is defined as ‘an information’? – S183 CMSA
    • What information is considered as ‘generally available’? – S184 CMSA
    • Material effect on price or value of securities – S185 CMSA
    • Trading in securities – S186 CMSA
    • Reference to ‘procure’ – S187 CMSA
    • Implications and penalties – S188 and S201 of criminal and civil actions of CMSA
10.30 am Coffee Break
10.45 am Guidance Note on Controls by Fund Management Companies Managing MNPI

  • What employees should know in handling ‘Material’ and ‘Non-Public’ information
  • Areas of vulnerabilities – Examples of MNPI
    • Meeting protocols: Meeting during closed period and handling of MNPI
    • Physical and functional separation of departments
    • Trading restrictions of securities: Restricted list
12.30 pm Lunch Break
2.00 pm What Can We Learn from Convicted Cases?

  • Case Discussions: Analysis of criminal sanctions and regulatory settlements
    • Lim Chin Chin case
    • Sreesanthan A/L Eliathamby case
    • Foong Choong Heng case
    • Ooi Boon Leong and Tan Yeow Teck case
    • Vivocom case
  • Has the number of insider trading cases reduced over the years?
3.30 pm Coffee Break
3.15 pm Regulatory Expectations in Prevention of Insider Trading

  • Enforcement, regulatory strategy and the challenges in securing convictions for insider trading

Best Practices, Controls and the Culture of Compliance

  • Governance – Responsibilities and reporting procedures
  • Policies and procedures – Whistleblowing channel, Chinese Wall policy
  • Incorporation of MNPI risk into risk assessment framework
  • Periodic review of MNPI risks
    • Monitoring and Surveillance – Independence and record-keeping
    • Personal account dealing – Policies to deter MNPI misuse
    • Mosaic theory – Documentation of research materials
    • Internal controls effectiveness and efficiency and the culture of compliance

Discussions:
• What should an employee do when she/he is in possession and/or discovery of MNPI?
• What should an employee do upon learning or discovering co-workers and/or leaders conducting possible insider trading?

Speaker
David Meow Managing Director, Via Commerce Sdn. Bhd.

5.30 pm End of Programme

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