Marsden Law Book

Capital markets throughout the world are constantly evolving due to various business and regulatory imperatives. In Malaysia, the last 15 years have witnessed a host of changes in the legal and regulatory framework of the securities and futures markets culminating in the passage of the Capital Markets and Services Act 2007. This book will be a practical guide on the legal and regulatory framework of the Malaysian capital market. It will equip legal practitioners, law students as well as intermediaries who carry out activities such as selling in securities, investment advice and corporate finance with a clear understanding of how the Malaysian capital market is regulated. Individual provisions are analysed and international cases provide the useful context in which these sections operate.

This book will set out a broad range of ideas that are critical to how the capital markets function. It covers the regulation of exchanges, including the governance framework of the exchange post demutualisation. In the area of licensing, it will outline the single licensing framework that was introduced in the CMSA and will highlight the obligations and responsibilities that are placed on the licensed person. These obligations are also important to financial institutions such as banks, which carry out capital markets activities who, as registered persons, are subject to certain fundamental investor protection provisions in the CMSA.

This book will also be useful to anyone involved in capital raising exercises as it sets out how the law regulates specific corporate transactions, including takeovers. Corporate governance is especially relevant to public listed companies and this book explains how this imperative is translated into the law and the rules of the stock exchange. This area of law and regulation is extremely dynamic and the book provides some insight as to the trends in regulation and challenges which exist both on the domestic and international front.

Table of Contents

Chapter 1: Regulating the Capital Market

Chapter 2: Introduction to the Capital Markets and Services Act 2007

Chapter 3: Securities and Derivatives Markets

Chapter 4: Licensing of Intermediaries in the Capital Market

Chapter 5: Conduct of Business and Client Asset Protection

Chapter 6: Market Misconduct

Chapter 7: Issues of Securities

Chapter 8: Take-Overs, Mergers and Compulsory Acquisitions

Chapter 9: Corporate Governance

Chapter 10: Administration of the Capital Markets and Services Act 2007

This popular work offers practical guidance on the negotiation and drafting of international agency, distribution and manufacturing agreements. It provides expertly drafted precedents, supported by general and clause-by-clause commentary on the legal and commercial aspects of their drafting and application.

NEW IN THE 6TH EDITION

• New chapter covering agency and distribution law in China
• Extensive coverage of recent changes in case law and legislation
• Coverage of the new EU Block Exemptions on Vertical Restraints
• Incorporating changes made by the Lisbon Treaty
• Revising the text where appropriate to reflect the new EU framework on vertical restraints (Regulation 330/2010/EU and accompanying redrafted Commission Guidelines), [including a new section on internet distribution if RC agrees]
• Incorporating major changes to the framework for motor vehicle and spare parts distribution as a result of the implementation of Regulation 461/2010/EU
• Revising the text to incorporate developments in bribery law, with specific reference to the Bribery Act 2010
• Updating the text where appropriate to reflect changes on governing law issues made by the EU’s Rome I and Rome II Regulations
• Inclusion of new case law where appropriate on issues raised by the proposed drafting