Entire Section

  • MKT A6.2 MKT A6.2 Other Continuing Obligations for Listed Entities

    • MKT A6.2.1

      This table forms part of Rule 9.7.8.

      [Added] DFSA RM120/2013 (Made 14th July 2013). [VER4/07-13]

    • MKT A6.2.2

      A Listed Entity must, on the occurrence of an event specified in column 1, undertake the requirements detailed in column 2, within the time specified in column 3, in respect of the Securities identified with a “” in column 4, of this Table.

        EVENT REQUIREMENTS TIME Structured Products Shares Warrants over Shares Warrants over Debentures Debentures Certificates Units
      Shares Debentures
      1. Issue of further Debentures backed by the same asset, unless those further Debentures rank pari passu with or are subordinated to any class of Debentures which are al Listed. Prior approval of the existing holders of the existing class of Debentures must be obtained. At all times          
      2. Proxy forms in the case of equity Securities. The proxy form sent out must make provision for two-way voting on all resolutions intended to be proposed at the meeting. At the same time as the sending of the notice convening the meeting      
      3. Paying agency for Debentures and Structured Products. The Listed Entity's paying agent must provide facilities for obtaining new Securities, to replace those Securities which have been damaged, lost or stolen or destroyed and for all other purposes provided for in the terms and conditions of the Securities. At all times until the date on which no such Securities are outstanding.       *  
      4. Maintenance of the register If the Listed Entity does not maintain its own register, the Listed Entity must make appropriate arrangements with its registrar to ensure compliance with any relevant continuing obligations in this Appendix. At all times
      5. Receipt of properly executed transfer documents or a request to split documents evidencing Securities. The Listed Entity shall ensure that transfers are registered within seven (7) business days of receipt of the documents evidencing the Securities by the registrar.
      Unless the Securities have been issued in dematerialised form, the Listed Entity or its registrar shall issue definitive documents arising out of a registration of transfers or the splitting of documents evidencing the Securities within seven (7) business days of receiving properly executed transfer documents or the date of expiration of any right of renunciation (as appropriate).
      At all times
      6. Issue of documents evidencing Securities Unless the Securities have been issued in dematerialised form, the Listed Entity shall ensure that every Person whose name is entered as a holder in the register shall be entitled without charge to receive one document evidencing the Securities for all his holdings and the Listed Entity shall permit a holder to have his holdings evidenced by as many documents as the holder requires (and in the sizes requested), subject to a maximum charge of $10 per document issued after the first. At all times.
      7. Registration of transfers or other documents relating to or affecting the title to any Securities, splitting documents evidencing Securities, issuing documents evidencing Securities or marking or noting such documents. Subject to 6 above, the Listed Entity and its registrar shall not charge investors any fee for the registration. At all times
      8. Any announcement of the timetable for any proposed action affecting the rights of existing holders of its Listed Securities. The DFSA may request amendments to the timetable, if considered necessary for the purpose of maintaining an orderly market. Notify the DFSA At least 24 hours in advance of proposed publication
      9. Any proposed amendments to a timetable, including amendment to the publication details of an announcement. Notify the DFSA Immediate
      10. All proposed drawings to effect partial redemptions, and, in the case of registered Debentures or Structured Products, the date on which it is proposed to close the books for the purpose of making a drawing. The DFSA must be informed of the outstanding amount of the Securities which are Listed after any such drawing has been made, for publication by the DFSA In advance As soon as possible          
      11. Any proposed decision with regard to:
      (a) any alteration of the Listed Entity's constitution and, in the case of Debentures and Structured Products, any change in the trust deed or other document securing or constituting the Securities;
      (b) any change in the domicile of incorporation or other establishment of the Listed Entity;
      (c) any change in the rights attaching to any class of Securities which are Listed (including, in the case of Debentures, any change in the rate of interest carried and, in the case of Structured Products, any change in the way the value of the Securities is calculated) and any change in the rights attaching to any Securities into which any Securities which are Listed are convertible or exchangeable (including, in the case of Structured Products, any changes in any index to which the Securities are linked);
      (d) any change in the Listed Entity's ongoing contact;
      (e) any change in the Listed Entity's secretary, auditors, registered address, transfer agent or registrar;
      (f) in the case of Debentures or Structured Products, any change in the trustee or custodian;
      (g) in the case of convertible Securities, any change in the Listed Entity of the convertible;
      (h) in the case of Structured Products, any change in the paying agent; and
      (i) in the case of depositary receipts, any change in the depositary.
      Notify the DFSA In advance
      12. In respect of Securities which carry rights of conversion or exchange into or subscription for the Securities of another company, or are guaranteed by another company. The Listed Entity must ensure that adequate information is at all times available about the other company and about any changes in the rights attaching to the Securities to which such rights of conversion, exchange or subscription relate. This must include the availability of the audited annual accounts of the other company together with any interim financial statements and any other information necessary for a realistic valuation of such Securities to be made. As soon as possible    

      * To the extent applicable to Debentures or, in the case of Certificates, the underlying Debentures

      Derived from RM81/2011 (Made 30th November 2011). [VER1/11-11]
      [Amended] DFSA RM120/2013 (Made 14th July 2013). [VER4/07-13]