Summary of Amendments to Guidelines for Offering, Marketing and Distribution of Foreign Funds

SUMMARY OF AMENDMENTS
REVISED GUIDELINES FOR THE OFFERING, MARKETING AND DISTRIBUTION OF FOREIGN FUNDS (Issued: 23 July 2026) The following table provides a summary of key amendments to the revised Guidelines for the Offering, Marketing and Distribution of Foreign Funds (Guidelines) issued on 23 July 2026:
A. Overview

1. The Guidelines was revised to facilitate the implementation of an expanded Mutual Recognition of Funds Framework (MRF Framework) with Hong
   Kong pursuant to the Memorandum of Understanding between the Securities and Futures Commission of Hong Kong and the Securities Commission Malaysia (SC) Concerning Mutual Recognition of Covered Funds and Simplified Dual IPO Listing Framework.
2. These amendments, among others, include—
   (a) the expansion of the scope of eligible foreign funds to include Hong Kong conventional exchange-traded funds and listed real-estate investment trusts as recognised under the MRF Framework; (b) the introduction of a new appendix setting out the specific requirements applicable to eligible Hong Kong funds offered in Malaysia pursuant to the MRF Framework; and (c) other requirements applicable to all foreign funds offered in Malaysia.
3. Housekeeping and editorial amendments were made throughout the Guidelines to provide greater clarity and consistency. These amendments include
   formatting and editorial changes such as renumbering and rephrasing of certain requirements and contents, standardisation of terminology, updating of information, and grammatical corrections.

B. Amendment Highlights
No. Prior to 23 July 2026 Issued on 23 July 2026 Comments
Chapter 1: Application of Guidelines

1. • Paragraph 1.08 Inserted new paragraph to facilitate consultation with the SC
     prior to the applicant’s submission of any application under the Guidelines.
     Chapter 4: Requirements for the Offering, Marketing or Distribution of Foreign Funds
2. • Paragraph 4.10 Inserted new paragraph to ensure that advertisements relating
     to foreign funds offered in Malaysia comply with the applicable regulatory requirements.
3. • Paragraph 4.11 Inserted new paragraph to clarify the operator’s obligations
     where a foreign fund ceases to meet the requirements under the Guidelines.
     Chapter 5: Offering Document and Constitutive Document for a Foreign Fund
4. • Paragraph 5.02A Inserted new paragraph to set out the requirement for the
     issuance of a supplementary offering document by an operator of a foreign fund in the circumstances specified under section 238(1) of the Capital Markets and Services Act 2007.
5. • Paragraph 5.02B Inserted new paragraph to highlight the requirement for the
     preparation of a product highlights sheet for the offering of unlisted foreign funds.

B. Amendment Highlights
No. Prior to 23 July 2026 Issued on 23 July 2026 Comments
Chapter 6: Requirement to Appoint a Representative in Malaysia
6) Paragraph 6.06(e) Paragraph 6.06(e) Amended to ensure timely and equitable access to information
for Malaysian investors in foreign funds.
7) - Paragraph 6.06(h)(vii) Inserted new subparagraph to require immediate notification to
the SC of any reportable breach in the home jurisdiction and any breach of the Guidelines.
Chapter 9: Application for the SC’s Approval or Recognition for the Offering of a Foreign Fund to Retail Investors
8) Paragraph 9.01 Paragraph 9.01 Amended to specify the party responsible for submitting
applications to the SC for the approval of foreign listed real estate investment trusts.
Chapter 13: Reporting to the SC
9) Paragraph 13.01 Paragraph 13.01 Amended to prescribe the frequency for submission of statistical
returns for listed foreign funds.
10) Paragraph 13.02 Paragraph 13.02 Amended to set out the reporting period for quarterly statistical
returns on listed foreign funds.
11) Paragraph 13.07 Paragraph 13.07 Amended to set out the submission timeline of quarterly
statistical returns for listed foreign funds.

B. Amendment Highlights
No. Prior to 23 July 2026 Issued on 23 July 2026 Comments
Appendix 1: Permitted Foreign Funds Specified under Paragraph 3.01(a)
12) Part 1 Part 1 Amended to incorporate eligibility criteria for Hong Kong funds
to be offered in Malaysia under the MRF Framework.
Appendix 5: Requirements on Permitted HK Funds under Mutual Recognition Agreement with Hong Kong
13) - Appendix 5 Introduced new appendix to prescribe the general and specific
requirements that are applicable to eligible Hong Kong funds to be recognised or approved under the MRF Framework.