PN17 Issuers

8.22On 3 February 2010, X Bhd triggers the Cash Criterion and announces that it is a Cash Company. On 2 June 2010, X Bhd also triggers one of the Prescribed Criteria and announces that it is a PN17 Issuer.
(a)Must X Bhd comply with the regularisation obligations set out in paragraph 8.03 (as a Cash Company) or 8.04 (as a PN17 Issuer) of the Main LR?
X Bhd must comply with the stricter obligations i.e. those imposed on a Cash Company under paragraph 8.03 and Practice Note 16 of the Main LR. Among others, the listed issuer must place at least 90% of its cash and short-dated securities in an account opened with a financial institution licensed by Bank Negara Malaysia and operated by a custodian.
(b)What is the applicable timeframe for X Bhd to submit its proposal to regularise its condition as a Cash Company and PN17 Issuer?
X Bhd must regularise its condition by submitting a proposal to SC within 12 months from the date X Bhd announces that it is a Cash Company, i.e. by 2 February 2011.
(c)Must X Bhd regularise its condition by undertaking a regularisation proposal/plan under paragraph 8.03(5)(a) or that under paragraph 8.04(3)(a)(i) of the Main LR?
X Bhd must undertake a regularisation proposal under paragraph 8.03(5)(a) of the Main LR. This proposal must be able to regularise X Bhd's condition as a Cash Company and PN17 Issuer. In this regard, the proposal must be one to acquire a new core business as required under paragraph 8.03(5)(a)(i) of the Main LR, and which will also fulfill the conditions set out in paragraphs 5.4 and 5.5 of Practice Note 17.