A Bhd has obtained mandate from shareholders for entering into the following RRPTs with corporations involving the interests of its director, Mr. X:
For the purpose of determining whether the Actual Value of the RRPTs entered into by A Bhd with Mr. X exceeds the Estimated Value, can A Bhd use the aggregated Estimated Value for Transactions 1, 2 and 3 and compare it to the aggregated Actual Value for the 3 transactions?
Yes, as Transaction 1, 2 and 3 involve the interests of the same related party, pursuant to Rule 10.12 of the ACE LR, A Bhd may aggregate, the Estimated Value and Actual Value of those transactions respectively and determine whether the aggregated Actual Value exceeds the aggregated Estimated Value by 10% or more, in which case an announcement would be required.
Assuming only the actual value of Transaction 2 exceeds 10% of its estimated value, but the aggregated actual value of Transactions 1, 2 and 3 is below the aggregated estimated value of the RRPT or does not exceed the aggregated estimated value of the RRPT by 10% or more, must A Bhd make an announcement under Rule 10.09(2)(e) of the ACE LR relating to Transaction 2 only?
No, A Bhd need not make such announcement for Transaction 2 only. It only needs to announce under Rule 10.09(2)(e) of the ACE LR if the aggregated actual value of Transactions 1, 2 and 3 exceeds the aggregated estimated value of the RRPT by 10% or more.