Section 135. General
duty to make disclosure.
(1) A director of a company shall give notice in writing to the company -
(a) of such
particulars relating to shares, debentures, participatory interests,
rights, options and contracts as are necessary for the purposes of
compliance by the first-mentioned company with the provisions of section
134
;
(b) of particulars of any change in respect of the
particulars referred to in paragraph (a) of which
notice has been given to the company including the consideration, if
any, received as a result of the event giving rise to the change;
(c) of such events and matters affecting or relating
to himself as are necessary for the purposes of compliance by the
company with the requirements of this Act; and
(d) if he is a director of a public company or of a
subsidiary of a public company of the date on which he attains or will
attain the age of seventy.
Penalty: Imprisonment for three years or
fifteen thousand ringgit.
(2) A person required to give notice under subsection (1) shall give the
notice -
(a) in the case of a notice under paragraph (1)(a) of that subsection, within fourteen days after -
(i) the coming into operation of this
section;
(ii) the date on which the director became a director; or
(iii) the date on which the director acquired an interest in the
shares, debentures, participatory interests, rights, options or
contracts;
(b) in the case of a
notice under paragraph (1)(b), within fourteen days
after the occurrence of the event giving rise to the change referred to
in that paragraph; and
(c) in the case of a notice under paragraph (1)(d)
of that subsection, within fourteen days after-
(i) the coming
into operation of this section; or
(ii) the date on which the director became a director.
(2A)
A person required to give notice under subsection (1) of any matters
relating to shares or debentures which are listed on the official list of a
Stock Exchange as defined in the Securities Industry Act 1983 shall, on the
day on which he gives that notice, serve a copy of the notice on the Stock
Exchange and the Stock Exchange may publish, in any manner as it may
determine, any information contained in that notice.
Penalty: Ten thousand ringgit.
Default penalty: Five hundred ringgit.
[Am. Act A836: s.27]
(3) A company shall within seven days of
receiving a notice given under subsection (1) send a copy of the notice to
each of the other directors of the company.
Penalty: Ten thousand ringgit.
Default penalty: Five hundred ringgit.
(4) In this section a reference to a participatory interest is a reference
to an interest within the meaning of section 84.
(5) In determining, for the purposes of this section, whether a person has
an interest in a debenture or participatory interest the provisions of
section 6A, save for subsections (1) and (3) of that section, have effect
and in applying those provisions a reference to a share shall be read as a
reference to a debenture or participatory interest.
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