Page 195 - SC Annual Report 2018 (ENG)
P. 195

Securities
                                                                                                                     Commission
                                                                                                                      Malaysia
                                                                                                                     ANNUAL
                                                                                                                      REPORT
                                                                                                                     2018





                           Table 3                                         Table 4
                           Type of Infringement Notices                    cases currently pending in courts
                           Type of Infringement Notices     Total            Courts                        No. of cases

                           Supervisory letters involving     27             Sessions Court                     29
                           Infringement                                     High Court (Criminal)              13
                           Warning letters                   18             High Court (Civil)                 6
                           Non-compliance letters            15             Court of Appeal (Criminal)         2
                           Cease and desist letters           6             Court of Appeal (Civil)            1
                           ToTAL                             66             ToTAL                              51




                                                                           Table 5
                                                                           Type of offences
                           ongoing court cases for 2018
                                                                             Offences                      No. of cases
                           In 2018, the SC had 51 ongoing cases in          Corporate governance               12
                           the Sessions Court, High Court and Court         Insider trading                    25
                           of Appeal (Table 4). Of these cases, 49%
                           related to insider trading while 23% related to   Securities fraud                  4
                           corporate governance breaches such as financial   Market manipulation               2
                           misstatements and disclosure offences. Out of    Unlicensed activities              2
                           this number of ongoing cases, 6% involved        Others                             3
                           questions of law and interlocutory applications   Questions of law                  3
                           in superior courts. Cases relating to unlicensed   ToTAL                            51
                           activities, market manipulation and securities
                           fraud made up the remaining 22% of the total
                           number of cases (Chart 4).

                                                                           Chart 4
                                                                           ongoing court cases for 2018 by nature of cases
                           details of criminal prosecution in
                           2018                                                                    6%          23%
                                                                                           6%      Questions   Corporate
                           In 2018, the SC charged 8 individuals in the                   Others   of law      governance
                           Sessions Court. Of this number, 5 individuals               4%
                           were charged for insider trading, 2 individuals   Unlicensed activites
                           were charged for allowing non-authorised
                                                                                     4%
                           individuals to effect dealings in their accounts    Market manipulation
                           and 1 individual for securities fraud. (Table 6)
                                                                                      8%
                                                                               Securities fraud


                                                                                                           49%
                                                                                                       Insider trading



                                                                                       PART 5 »» STATEMENTS, STATiSTiCS ANd ACTiviTiES  |  185






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