“Interest” in related party transactions

Equity capital markets (ECM)

For related party transactions, public companies which are listed on Bursa Malaysia are required to do various disclosure and seek shareholders’ approval.

For those who have the experience of decoding the definition of “related party transaction” in the Listing Requirements, the term may seem like pieces of jigsaw puzzle to be put together.

Under the Main Market Listing Requirements (“MMLR”) and ACE Market Listing Requirements (“AMLR”), “related party transaction” means a transaction entered into by the listed issuer/corporation or its subsidiaries which involves the interest, direct or indirect, of a related party.

Most of the terms used within the definition of “related party transactions” can be found within the chapters of the MMLR and AMLR.

The term “interest”, however, is in the FAQ for Chapter 10 of the MMLR and AMLR. “Interest” includes directorships, shareholdings (direct or deemed), commissions or such other benefits received or derived from the transaction.

#malaysiancorporatelawyer

#RPT

#relatedpartytransactions

#listingrequirements

This post was first posted on Linkedin on 25 October 2021.

Linkedin Post
Getting into the details to make a deal work

A big part of my role as a corporate lawyer has been listening to clients explain the commercial terms they want in their deals. The next step is asking the right questions that make those terms work in the real world. Sometimes the parties have a general idea of the …

Linkedin Post
Founder Exit: Legal Checklist to Avoid Delays

Before buyers commit, their lawyers will conduct legal due diligence that may uncover gaps or non-compliance which delay the founder’s exit or reduce the price. This list helps founders/ sellers resolve common legal issues before they’re flagged in legal due diligence. Share Capital & Shareholders  Have all past share allotments …

Linkedin Post
Founders selling for the first time need more than high-level legal advice

Some founders selling their businesses for the first time are not sure where legal advice is needed or how deep that advice should go. In past deals where I acted for buyers, I have seen: – A founder who asked their lawyer for a “high-level review” of sale and purchase …