媒体新闻稿
i)公众谴责Wimems Corporation Berhad(“ Wimems”或“ The Company”)和(ii)公众谴责WiMems董事
2007年11月1日
- Bursa Malaysia Securities Berhad (“Bursa Securities”) hereby publicly reprimands WIMEMS for breaches of Rules 9.24, 9.22(1) and 9.16(1)(a) of Bursa Securities’ Listing Requirement for the Mesdaq Market (“MMLR”).
- WIMEMS is also required to engage an external auditors to carry out a limited review on the Company’s next four quarterly reports prior to the same being announced.
- In addition, Bursa Securities has also instituted enforcement action against the directors of the Company for the Company’s breaches aforesaid and hereby publicly reprimands and imposes a total fine of RM175,000 on Fong Piau who was the Managing Director of WIMEMS from 1 August 2006 until 7 May 2007 and subsequently thereafter an Executive Director of WIMEMS for breach of Rule 16.11 of MMLR.
- Rule 9.24 of the MMLR stipulates that a listed company must ensure that the issuance of the annual audited accounts and annual report by a listed company shall be as follows:-
- the annual report shall be issued to the listed company’s shareholders and given to the Exchange within a period not exceeding 6 months from the close of the financial year of the listed company; and
- the annual audited accounts together with the auditors’ and directors’ reports shall, in any case, be given to the Exchange for public release, within a period not exceeding 4 months from the close of the financial year of the listed company unless the annual report is issued within a period of 4 months from the close of the financial year of the listed company.
- Rule 9.22(1) of the MMLR stipulates that a listed company must give Bursa Securities for public release, an interim financial report that is prepared on a quarterly basis as soon as the figures have been approved by the board of directors of the listed company and in any event not later than 2 months after the end of each quarter of a financial year.
- Pursuant to Rule 9.16(1)(a) of the MMLR, a listed company must ensure that each announcement is factual, clear, unambiguous, accurate, succinct and contain sufficient information to enable investors to make informed investment decisions.
- Rule 16.11 of the MMLR states that a director of a listed company must not :-
- cause, aid or abet a breach of the MMLR by such listed company; or
- permit, either knowingly or where he had reasonable means of obtaining such knowledge, a listed company to commit a breach of the MMLR.
- 该公司被发现违反: -
- MMLR的规则9.24(b)未能在2007年4月30日或之前提交截至2006年12月31日或之前的财政年度的年度审计帐户。市场日;
- Rule 9.24(a) of the MMLR for failure to submit its annual report for the financial year ended 31 December 2006 (“AR2006”) on or before 30 June 2007.The AR2006 was submitted on 30 August 2007, after a delay of 43 market days;
- Rule 9.22(1) of the MMLR for failure to submit its quarterly report for the financial period ended 31 March 2007 (“1st QR 2007”) on or before 31 May 2007. The 1st QR 2007 was submitted on 21 August 2007, after a delay of 57 market days; and
- Rule 9.16(1)(a) of the MMLR in respect of the Company’s announcement dated 27 February 2007 on its fourth quarterly report for the financial year ended 31 December 2006 (“4th QR 2006”) which failed to take into account the adjustments as stated in the Company’s announcement dated 13 July 2007. The Company had reported an audited loss after taxation of RM22,517,000 in its AAA2006 as compared to an unaudited loss after taxation of RM1,793,000 in its 4th QR 2006. The increase in the after tax loss of RM20.724 million represents a variance of approximately 1155%.
- Fong Piau从2006年8月1日至2007年5月7日担任WIMEMS的董事总经理,此后发现WiMems执行董事违反: -
- MMLR的规则16.11(a)导致公司违反MMLR的规则9.16(1)(a)作为上述;和
- MMLR的规则16.11(b)允许有意或他有合理手段获得该公司违反上述MMLR的9.22(1),9.24(a)和9.24(a)和9.24(a)和9.24(a)和9.24(a)和9.24(a)。
- The above penalties on WIMEMS and Fong Piau are imposed pursuant to Rule 16.17 of the MMLR after taking into consideration all facts and circumstances of the matter and upon completion of due process.
- BURSA证券认真对待上述违反企业,并告知公司及其董事会承担其责任,以维持适当的公司责任和问责制标准,以实现对股东和投资公众的更大披露和透明度。
以前的公众谴责:-
On 5 October 2007, Bursa Securities publicly reprimanded the Company for breach of Rules 4.11(a) and (b) of the MMLR for failing to appoint a replacement Sponsor within the notice period.