SCLE Revision: Fund Management Regulation (Module 9)

• What is the Fund Management Industry?
• Significance of the Fund Management Industry
• Providers of Fund Management Services
• Fund Structures in Malaysia
• Support Services Providers
• Why Does the Fund Management Industry Need to be Regulated?

Laws and Organisations Regulating the Fund Management Industry

• Overview of Law
• The Securities Industry Laws
• Other Relevant Laws and Regulations
• Organisations Regulating the Fund Management Industry
• Industry Regulation

• What is the Law of Contract?
• Essential Elements of a Contract

• What is Negligence?
• Elements of the Tort of Negligence
• Negligent Conduct – the Duty and Standard of Care
• Negligent Misstatement
• Statutory Liability

Relationship between Fund Management Company and Client

• Analysing the Relationship between a Fund Management Company and its Client
• Laws Governing the Fund Management Company/Client Relationship
• Ethical Considerations

• The Investment Management Agreement
• Duties to Clients
• Records and Segregation of Assets
• Substantial Shareholders Notices
• Insurance Cover

The Licensing Handbook

• Chapter 1: Introduction
• Chapter 2: Licences under the CMSA
• Chapter 4: Licensing Criteria
• Chapter 7: Conditions and Restrictions of Licence
• Chapter 10: Outsourcing Arrangement by CMSL Holders

• Short Selling
• Market Manipulation by Market Rigging
• Market Manipulation by Information
• Other Offences Relating to Dealing
• Other Offences Relating to False and Misleading Statements
• Insider Trading
• Other Offences

Compliance

• Compliance
• The Compliance System
• Implementing the Compliance Plan
• Requirement to Adopt Compliance Procedures
• Authority of the Compliance Officer

Topical Issues in Funds Management Regulation

• Corporate Governance
• Performance Presentation Standards
• Key Elements of Performance Presentation Standards

• Guidelines on Compliance Function for Fund Management Companies
• Guidelines for Public Offerings of Securities of Closed-end Funds
• Guidelines for the Establishment of Foreign Fund Management Companies

• Guidelines on Prevention of Money Laundering and Terrorism Financing for Capital Market Intermediaries
• Guidelines on Unlisted Capital Market Products Under the Lodge and Launch Framework
• Lodgement Kit: Unlisted Capital Market Products Under the Lodge and Launch Framework

• Guidelines on Unit Trust Funds
• Guidelines on Sales Practices of Unlisted Capital Market Products
• Guidelines on Guidelines on Exchange-Traded Funds
• Guidelines on Islamic Fund Management