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Delisting in Malaysia




Delisting in Malaysia: Reasons & Impact


Delisting in Malaysia: A Brief Overview


Delisting in Malaysia refers to the removal of a company's securities from trading on Bursa Malaysia, the country's main stock exchange. This can occur under various circumstances, including:


  • Voluntary Delisting: When a company decides to remove its shares from the market, often due to financial difficulties, a change in business strategy, or a desire to pursue private ownership.

  • Mandatory Delisting: When a company fails to meet the listing requirements set by Bursa Malaysia, such as having insufficient shareholders' equity or failing to submit financial reports on time.

  • Takeover and Squeeze-Out: If a company is acquired by another and the acquirer obtains a controlling stake, they may exercise their rights to delist the target company.


Key Points to Consider:


  • Impact on Shareholders: Delisting can significantly affect shareholders, as they may have difficulty selling their shares and could potentially lose their investment.

  • Reasons for Delisting: Understanding the reasons behind a company's delisting can provide insights into the potential risks and opportunities involved.

  • Regulatory Framework: Bursa Malaysia has specific rules and regulations governing delisting, which companies must adhere to.


How Long can You be Under $1 before Delisting


The specific timeframe for a company to remain under $1 before delisting in Malaysia can vary depending on the regulations and policies of Bursa Malaysia, the country's main stock exchange.


However, generally speaking, Bursa Malaysia has a minimum bid price requirement of RM0.50 per share. If a company's share price falls below this level and remains below it for a prolonged period, the exchange may initiate delisting proceedings.


The exact timeframe for delisting can vary depending on the circumstances and the company's efforts to regain compliance. In some cases, the exchange may grant the company additional time to rectify the situation, but ultimately, if the company fails to meet the minimum bid price requirement, delisting may become inevitable.


It's important to consult the specific rules and regulations of Bursa Malaysia for the most accurate and up-to-date information on this matter.


Delisting in Malaysia: A Deeper Dive


The Delisting Process


  1. Notice of Intention: The company must provide a notice to Bursa Malaysia of its intention to delist, outlining the reasons for the decision and the proposed timeline.

  2. Shareholder Approval: In most cases, shareholders need to approve the delisting plan through a vote. The approval threshold may vary depending on the circumstances.

  3. Trading Suspension: Bursa Malaysia will typically suspend trading in the company's shares during the delisting process.

  4. Final Settlement: After all necessary approvals are obtained and the delisting process is finalized, shareholders will receive their final settlement, which may involve cash payment or other arrangements.


Consequences of Delisting


  • Reduced Liquidity: Delisting can significantly reduce the liquidity of a company's shares, making it difficult for shareholders to buy or sell them.

  • Loss of Investment Opportunity: Investors may miss out on potential future gains if the company's performance improves after delisting.

  • Impact on Corporate Governance: Delisting can affect a company's corporate governance practices, as it may no longer be subject to the same level of regulatory oversight.

  • Tax Implications: Delisting may have tax implications for shareholders, depending on the nature of the settlement and their individual circumstances.


Recent Examples of Delisting in Malaysia


While specific examples may change over time, some notable delistings in Malaysia have occurred due to:


  • Financial Difficulties: Companies facing financial distress may be forced to delist to avoid bankruptcy or liquidation.

  • Takeovers and Mergers: Companies acquired by larger entities may be delisted as part of the acquisition process.

  • Strategic Reasons: Some companies may choose to delist to pursue a different business strategy or to avoid the costs and regulatory burdens associated with being publicly listed.


Tax Implications and Impact on Shareholders of Delisting in Malaysia


Tax Implications


The tax implications of delisting in Malaysia can vary depending on several factors, including:


  • Nature of the Settlement: If shareholders receive cash as part of the delisting settlement, they may be subject to capital gains tax on any profit realized.

  • Type of Shares: The tax treatment may differ for ordinary shares, preference shares, or convertible securities.

  • Individual Circumstances: Factors such as the shareholder's residency status and holding period of the shares can also affect tax liabilities.


Impact on Shareholders


  • Reduced Liquidity: As mentioned earlier, delisting can significantly reduce the liquidity of a company's shares, making it difficult for shareholders to sell their holdings.

  • Loss of Investment Opportunity: Shareholders may miss out on potential future gains if the company's performance improves after delisting.

  • Difficulty in Assessing Value: Without a public market, it can be challenging to accurately determine the fair value of delisted shares, which can impact their ability to sell or transfer them.

  • Impact on Corporate Governance: Delisting may affect a company's corporate governance practices, as it may no longer be subject to the same level of regulatory oversight.


It's important for shareholders to carefully consider these factors before making investment decisions.


Specific Tax Treatments and Impact on Different Types of Shareholders


Specific Tax Treatments


  • Capital Gains Tax: For shareholders who receive cash as part of the delisting settlement, any profit realized from the sale of their shares may be subject to capital gains tax. The tax rate may vary depending on the holding period of the shares and the shareholder's individual circumstances.

  • Dividend Income: If shareholders receive dividends before the delisting, these dividends may be subject to income tax.

  • Foreign Exchange Gains or Losses: If the delisting settlement involves foreign currency, shareholders may be subject to foreign exchange gains or losses.


Impact on Different Types of Shareholders


  • Ordinary Shareholders: Ordinary shareholders typically have the right to vote and receive dividends. The impact of delisting on ordinary shareholders primarily relates to the reduced liquidity and potential loss of investment opportunity.

  • Preference Shareholders: Preference shareholders often have priority over ordinary shareholders in terms of dividend payments and liquidation proceeds. However, delisting can still affect their ability to sell their shares and receive dividends.

  • Convertible Securities: Convertible securities can be converted into ordinary shares under certain conditions. The impact of delisting on convertible securities holders may depend on the terms of the conversion and the company's financial performance.


Do I Lose my Money if a Stock is Delisted


While delisting can have significant implications, it doesn't automatically mean you'll lose your entire investment.


Here are some possibilities:


  • Cash Settlement: In some cases, shareholders may receive a cash payment based on the company's valuation at the time of delisting.

  • Transfer to Another Exchange: The company might seek to list its shares on a different exchange, allowing shareholders to continue trading.

  • Private Acquisition: The company might be acquired by a private entity, and shareholders may receive shares or other assets in the acquiring company.

  • Liquidation: In extreme cases, the company might be liquidated, and shareholders may receive a portion of the proceeds from the sale of its assets.


However, it's important to note that delisting can significantly reduce the liquidity of your investment, making it more difficult to sell your shares. Additionally, the value of your investment may decline, especially if the company is facing financial difficulties.


For more detailed information on delisting in Malaysia, you can refer to the following resources:



How Legal and Financial Professionals Can Help You with Delisting


When dealing with the complexities of delisting, seeking advice from qualified professionals can be invaluable. Here's how legal and financial advisory firms, tax professionals, and financial advisors can assist you:


Legal and Financial Advisory Firms


  • Guidance on Delisting Procedures: They can provide expert advice on the delisting process, including the necessary steps, timelines, and regulatory requirements.

  • Contract Negotiation: If a takeover or merger is involved, legal professionals can help negotiate favorable terms for shareholders.

  • Corporate Governance Advice: They can offer guidance on maintaining good corporate governance practices, even after delisting, to protect shareholder interests.


Tax Professionals


  • Tax Implications Assessment: Tax professionals can help you understand the potential tax consequences of delisting, including capital gains tax, dividend income, and foreign exchange gains or losses.

  • Tax Planning: They can provide advice on tax-efficient strategies to minimize your tax liability.

  • Compliance Assistance: Tax professionals can help you ensure compliance with all relevant tax laws and regulations.


Financial Advisors


  • Investment Portfolio Review: Financial advisors can assess your overall investment portfolio and help you make informed decisions regarding your delisted shares.

  • Alternative Investment Options: They can suggest alternative investment opportunities that may be suitable for your financial goals.

  • Risk Management: Financial advisors can help you manage the risks associated with delisting and develop a plan to protect your investments.


By working with these professionals, you can navigate the challenges of delisting more effectively and make informed decisions about your financial future.












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