MKT 9.1.1 Guidance
1. Listed Entities should note that some of the Listing Rules are Security-specific and many apply exclusively to Issuers of Shares.
2. The DFSA may waive or modify one or more requirements of this chapter for Issuers of non-debt or equity Securities where appropriate provided such waiver or modification would not unduly prejudice holders of the Issuer's Securities.
3. The DFSA
may waive or modify one or more requirements of this chapter for an Issuer
of a secondary Listing if:
a. the Issuer is from a jurisdiction acceptable to the DFSA because the regulatory regime as it applies to listing is broadly equivalent to the DFSA's regulatory regime;
b. adequate arrangements exist, or will exist, for co-operation between the DFSA and the Financial Services Regulator or other Person responsible for regulating the Exchange on which the Securities are listed on a primary listing basis or for regulating listed companies in the jurisdiction where the Securities are listed on a primary listing basis; and
c. holders of the Issuer's Shares would not be unduly prejudiced by the waiver or modification.
4. The DFSA
may also modify one or more requirements of this chapter for an Exempt Offer
or who wishes to voluntarily comply with the Listing Rules
in order to include its Securities
on the Official List and thereby seek admission to trading on an AMI
. Without such a modification an Exempt Offer
or cannot have its Securities
included in the Official List. This is because Article 29
(6) of the Law requires that an AMI
shall not permit trading of Securities
on its facilities unless those Securities
are admitted to, and not suspended from, an Official List of Securities
5. The DFSA is aware that the timing of admittance to trading may not always coincide with the Listing application process. However, in practice, the DFSA will generally provide the Applicant with a notice of admittance to the List on condition of a successful admittance to trading on an AMI within a specified period. This notice of admittance can be provided to the relevant AMI when seeking admission to trading on an AMI. At all relevant times the DFSA expects to be in contact with the relevant AMI on which the Securities are to be admitted to trading.
6. The DFSA will maintain the List on the DFSA website.
7. A Person who wishes to make a complaint about a Listed Entity should use the complaints portal on the DFSA website.
Derived from RM81/2011
(Made 30th November 2011). [VER1/11-11]