2023-08-28

Frequently Asked Questions to the Guidelines on Unlisted Capital Market Products under the Lodge and Launch Framework

The Securities Commission issued these FAQs to clarify amendments to the UCMP Guidelines concerning wholesale funds and the Foreign Exempt Scheme. Existing wholesale funds launched before the effective date are granted a six-month transitional period until 28 February 2024 to update their documentation. Responsible Parties must notify the Commission of any cessation of Foreign Exempt Scheme distribution as soon as practicable, but no later than the next annual submission of statistical information.

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Malaysia

Securities Commission Malaysia

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1 FREQUENTLY ASKED QUESTIONS Guidelines on Unlisted Capital Market Products under the Lodge and Launch Framework (UCMP Guidelines) (Date of Issuance: 29 August 2023) 1 INTRODUCTION The amendments to the UCMP Guidelines relate only to wholesale funds as provided under Part 1 – Section B, and the introduction of requirements relating to Foreign Exempt Scheme as provided under Part 6 – Section B of the Guidelines. 2 TRANSITIONAL ARRANGEMENT 2.1 There are new requirements relating to minimum disclosure for wholesale fund as prescribed under paragraphs 7.02 and 7.03, Part 1 – Section B of the Guidelines. Does the SC expect for existing wholesale funds to immediately comply with the minimum disclosure requirements? For existing wholesale funds which have been lodged and launched before the effective date, a transitionary period of six (6) months from the effective date (i.e. until 28 February 2024) is given to fund management companies to make necessary amendments to the wholesale funds’ documentations. Thereafter the revised documentations must be lodged in the LOLA Online Submission System. 3 FOREIGN EXEMPT SCHEME (FES) 3.1 In the event of the cessation of FES distribution in Malaysia as per paragraph 3.2, Part 6 – Section B of the UCMP Guidelines, how soon must the notification to the SC be done by the Responsible Party? The Responsible Party is expected to notify the SC as soon as practicable. For avoidance of doubt, the timeframe must not be longer than the next annual submission of statistical information and documents of the FES.