(English) High Return Trust Product Lesson 14: Offences & Breaches of Law - Directors, Auditors, Company Secretaries Involved

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Title: Lesson 14 High Return Trust Products: Offences & Breaches of Law - Directors, Auditors, Company Secretaries Involved

Breaches and Offences CA 2016

    • Directors, Auditors & Company Secretaries on Conviction, is Liable to Fine or Imprisonment
    • S 79 General prohibition of commissions, discounts and allowance
    • Issuance of Bonus RPS is discount from LA to A Trustee
    • S 72(4) Preference Shares shall be redeemable only if shares are fully paid up
      • LA Early Redemption on Bonus RPS which are not paid up - 0 consideration
    • S 131 (1) Distribution out of profit if company is solvent
      • Issuance of disguised dividend was from non-profitable, continuously loss making company
    • S 123 CA 2016 Financial assistance by a company in dealings in its shares, etc
      • 2020 - LA placed RM 540 million in preference shares & promissory notes to subsidiary LC, and LC on-lent RM 255 million to P E&A
      • 2021 - P E&A invested RM 238 million back to holding company LA
      • Round Tripping Transaction
    • S 266 CA 2016 Powers and Duties of Auditors
      • Auditors oversight in highlighting irregularities & sham transactions in L Group
      • Auditor omission in qualifying or adding emphasis on matters
    • S 43 CA 2016 Prohibition of private companies to offer shares or debentures or invite to deposit money
      • Is LA Sdn Bhd or P E&A Sdn Bhd conducting illegal public deposit taking with assistance of A Trustee to bypass S43 of CA2016, SC & CMSA?
    • S 56 CA 2016 Beneficial Ownership
      • Declaring Ultimate Beneficial ownership of the RM hundreds of millions Preference Shareholders

Taxation -
Possible breach of taxation law

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