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Bursa Malaysia SecuritiesBerhad [Registration No.: 200301033577 (635998-W)] (Bursa Malaysia Securities) has publicly reprimanded Pasdec Holdings Berhad (PASDEC) and its former Group Managing Director, Dato’ Sri Tew Kim Thin (Dato’ Sri Tew) for breaches of the Bursa Malaysia Securities Main Market Listing Requirements (Main LR). In addition, Dato’ Sri Tew was fined RM12,500.
PASDEC was publicly reprimanded for breach of paragraph 9.23(1) of the Main LR where the company had failed to issue its annual report that included the annual audited financial statements (AFS) together with the auditors’ and directors’ reports for the financial year ended (FYE) 31 December 2018 (AR 2018) on or before 30 April 2019 (Breach). PASDEC had only issued the AR 2018 on 11 June 2019.
帕斯德克特还需要审查并确保其财务报告职能的充分性和有效性。此外,PASDEC必须确保Dato'Sri Tew,相关人员参加与遵守财务报表有关的主要LR的培训方案。
Dato'Sri Tew违反了主要LR的第16.13(b)段,以便知道或者他有合理的方式获得这些知识,帕斯德克违反违约行为。
The finding of breach and imposition of the above penalties on PASDEC and Dato’ Sri Tew were made pursuant to paragraph 16.19 of the Main LR upon completion of due process and after taking into consideration all facts and circumstances of the matter including the materiality of the Breach, impact of the Breach to PASDEC and shareholders/investors and the roles, responsibilities, knowledge and conduct of Dato’ Sri Tew.
Maraysa Securities证明,正如及时提交财务报表的严重意见是上市公司的基本义务,并且在确保对Bursa马来西亚证券上交易的公平和有序市场以及有必要援助知情投资决策的公平和有序市场至关重要。
背景
The delay in issuance of the AR 2018 was mainly due to the failure of the Company and Dato’ Sri Tew to resolve the audit issue on the redemption of the preference shares (RPS) issued by Pasdec Automotive Technologies (Botswana) (Pty) Ltd (PATBW) to Bostwana Development Corporation (RPS Issue) which would affect the company’s ability to continue as a going concern and the audit opinion.
The Company and Dato’ Sri Tew were aware of the RPS Issue and the seriousness/implications if the RPS Issue remained unresolved given the numerous communications and notices by the external auditors and the Chief Operating Officer since it was first highlighted as one of the area of audit emphasis rated as ‘high’ in the audit plan tabled at the Audit Committee meeting on 21 November 2018. However, the RPS Issue was only resolved with the external auditors towards end of May 2019.
此外,外部审计师在2018年11月21日在审计委员会会议上提出了审计委员会会议,提出了由于管理层的不合时宜文件/工作而在前几年延迟延迟延迟审计。However, PASDEC had failed to demonstrate reasonable and expeditious steps taken to ensure that the audit and AFS of its subsidiaries were completed and finalised on time for the external auditors’ review and consolidation into the AFS of PASDEC Group prior to the due date of 30 April 2019, towards timely finalisation of the AR 2018. The outstanding matters on the audit of the South Africa subsidiaries (other than the RPS Issue) were only resolved with the external auditors on 22 & 27 May 2019 and 7 June 2019 and it was further noted that there were numerous erroneous and inconsistencies in the information and documents provided to the auditors.
DATO'SRI TEW是集团董事总经理,只有实质时间执行主任未能履行履行职责并迅速地解决RPS问题,并监测和监督管理层。他只是依靠管理层来确保及时完成附属公司的审计。