Prescribed events which require immediate announcement

 

9.22Y Bhd announces in its 3rd quarterly report for the financial period ended 30 September 2009 that the prospects of its profit before tax for the 4th quarter for the financial period ending 31 December 2009 ("4th Quarterly Results") is likely to be 20% higher than what was reported in the previous financial year end based on the sales order in hand and the new business strategy in a new market. However, subsequently on 23 January 2010 prior to the issuance of the 4th Quarterly Results, Y Bhd discovers that it would not be able to achieve the prospect of its 4th Quarterly Results as announced earlier and that Y Bhd estimates that the earnings for the 4th Quarterly Results are likely to be 10% lower than what was reported in the previous financial year end due to the following reasons:
  • the sales volume was disappointing; and
  • Y Bhd is unable to execute its new business strategy in the new market coupled with the sudden hike in the price of raw materials resulting in higher operating costs.
(a)Is Y Bhd required to make an immediate announcement of the aforesaid circumstances or can Y Bhd defer from making an announcement until the quarterly report for the financial period ending 31 December 2009 is finalized?
​Pursuant to the paragraph 9.19(36) of the Main LR, Y Bhd is required to make an immediate disclosure of the aforesaid circumstances even though the results or outcome is not definite. Y Bhd cannot defer releasing the requisite announcement until the quarterly report and/or accounts are finalized.
(b)Is it sufficient for Y Bhd to disclose in the announcement that it would not be able to achieve the prospect of its 4th Quarterly Results as announced earlier without stating the resultant financial effects?
​No. The requisite announcement pursuant to paragraph 9.19(36) of the Main LR must include the resultant financial effects which should be quantified where possible or qualified, if necessary.
​Hence, Y Bhd must include in the announcement that the estimated earnings for its 4th Quarterly Results is likely to be 10% lower than what was reported in the previous financial year end. In addition, Y Bhd must ensure that the announcement complies with the requirements prescribed under paragraph 9.16(1) of the Main LR.