On 18 February 2022, Bursa Malaysia Berhad (Bursa) amended its Depository Rules to facilitate greater operational efficiency and to reflect regulatory changes and updates. This is in order to create a more effective and facilitative regulatory framework to further simplify and facilitate efficient depository operations, ensure greater operational efficiencies, ease of compliance and reduced cost.
The new initiatives of Bursa Malaysia Depository Sdn Bhd (“Bursa Depository”) i.e. new process for transmission of title (“ToT”) and the Reclassification of Investor Section (“REIS”) have also been implemented.
The key amendments to the Depository Rules are summarised below:
a. |
allowing a personal representative to request from an Authorised Depository Agent (“ADA”) the balance status of a deceased depositor’s securities account, to facilitate the transfer of the ToT process to ADAs; |
b. |
imposing a new obligation on an ADA to update particulars of its clients, who are depositors with Bursa Depository, requiring a depositor to notify Bursa Depository when there is a change of his particulars, empowering Bursa Depository to request for information or details on depositors, and requiring details of beneficial owners to be included in the securities accounts of depositors in line with the REIS initiative; |
c. |
removing prescriptive requirements from the Depository Rules and facilitating greater operational efficiency, including removing bank guarantee as a mode of security for payment of Record of Depositor fees, removing requirement on triplicate copies, submission to be made via facsimile and requirements that prescribe submission of prescribed forms and hard copy; |
d. |
promoting transparency on the regulatory framework applicable to ADAs and Authorised Direct Members (“ADM”) in relation to the process of cessation as an ADA or ADM, the applicable governing law and impact of partial invalidity of provisions in the Depository Rules;/p> |
e. |
updating or clarifying terminology and references, and removing obsolete and redundant terms or requirements arising from changes in the laws, e.g. Securities Industry (Central Depositories) Act 1991, Financial Services Act 2013, and Islamic Financial Services Act 2013; and |
f. |
removing redundant requirements and simplifying the Depository Rules, where appropriate, by using plain language for better understanding of the rules. |
The amendments to the Depository Rules will take effect on 7 March 2022.
Please click the following for further details: