Serba Dinamik – A look at the truth from a distance

The latest announcement of Serba Dinamik’s (“SD”) financials as at 30th September 2021, provides some pretty intriguing insights to the ongoing Special Independent Review (“SIR”) saga.

Firstly, we now know that the responses from SD’s CEO in the media was the truth on the impact on its revenue and financing generating capabilities towards SD’s reputation.

We’re building back better than ever, says Serba Dinamik CEO

Imran Ariff -August 30, 2021 8:30 AM

https://www.freemalaysiatoday.com/category/nation/2021/08/30/were-building-back-better-than-ever-says-serba-dinamik-ceo/

“I would not lie to say that everything is still normal, there are banks which pulled the brakes.  At the same time, there are some banks who are still continuing their support and, of course, we have partners from other parts of the world who believe in us and are convinced of our integrity and technical capabilities.

“There are some business partners … they were not happy and they have actually stopped the collaborations or business ventures we had agreed on, but we have mitigated that with other options and alternatives, and as a result of that, I would say it is still a situation that is manageable.”

Secondly, this had led to the necessary re-structuring of SD in order to mitigate the situation.

New internal organisation structure at Serba to firm up biz operations

By Cheah Chor Sooi 10/01/2021 in Featured, Markets

https://focusmalaysia.my/new-internal-organisation-structure-at-serba-to-firm-up-biz-operations/

“This follows a realignment exercise of the group’s organisational chart by its board of directors and top management to ensure a more effective global operation which will ultimately enable the group to continue delivering its shareholder’s mandate.”

Thirdly, with the now audit discrepancies which are not finalised amounting to RM1.438 billion, (refer : The Edge’s “Bursa’s suits sheds more light on Serba Dinamik’s financials” - 29th November 2021), there was no mention that up to RM3 billion worth of audit discrepancies were resolved and why RM1.438 billion remains unresolved.   However, in Bursa Outstanding Summons,

"It also sought a court order directing Serba Dinamik to complete the SIR with E&Y or in the event of EY's premature resignation or its termination, the court orders the company to appoint an independent reviewer with international affiliation within 14 markets days for the SIR to be completed."

There are 3 observations to this intriguing statement. 

A)  Bursa gives the 2 options, either to complete the SIR with EY and not. 

In the event that the SIR is completed with EY, why does it need to be completed? Disclosure of the Factual Findings Update (FFU) means that it should be taken as final as its findings and conclusions are accurate, complete and factual. 

Does completion of the SIR change the Factual Findings Update outcome in some way?

In the event that the SIR would not be completed by EY, which is what Serba Dinamik has been pursuing, does this mean that Bursa is of the opinion that the EY SIR in whatever status of completion cannot be relied upon? If so, why is it then that the Factual Findings Update be deemed material and relied upon then?

Is this a redemption for Bursa for the way the SIR proceeded with questionable procedural, eventual decisions and execution previously?

B) Serba Dinamik is expected to appoint an independent reviewer with international affiliation.  The quickest way and humanly possible way is with Nexia.  After all, Nexia is conducting the audit for FY20/21 and would be the logical candidate to investigate what is being currently audited.  If so, the SIR can be part of the Auditor's Statement for FY20/21. 

Is this an olive branch given to Serba Dinamik to resolve this the quickest and more importantly, with ultimate independence, assurance and credibility?

C) Nor was the fact that up to RM3 billion worth of audit discrepancies that was resolved was ever mentioned or more likely conveniently left out.

Serba’s head honcho denies RM4.5 bil audit discrepancies.

By Cheah Chor Sooi 08/02/2021 in Featured, Markets

https://focusmalaysia.my/serbas-head-honcho-denies-rm4-5-bil-audit-discrepancies/

““Everyone has read the information wrongly; the RM4.54 bil consists of items that shouldn’t be added together.  You cannot add costs and revenue together which is how the figure has been derived.  This goes against financial literacy,” he was quoted as telling the Free Malaysia Today (FMT) portal.

“Perhaps, people are intentionally trying to sabotage us by exaggerating the numbers.  We are not ruling this out.”

Fourthly, in SD’s legal battle with KPMG is looking more likely to succeed given that up to RM3 billion audit discrepancies have been resolved and RM1.438 remains work in progress (refer C).

Serba to sue external auditor for a “sum not small but astronomical”

By Cheah Chor Sooi 06/22/2021 in Markets

https://focusmalaysia.my/serba-to-sue-external-auditor-for-a-sum-not-small-but-astronomical/

“As a result, the company (Serba Dinamik) has taken a big hit for something which is not its fault.  There is a dire need to seek justice for the company whose reputation has been dragged down (so low),”

Finally, in hindsight, SD has suffered reputational damage from this on-going saga.   Given the fact that Securities Commission Malaysia (“SC”) has just initiated its own investigation, despite having seized documents from various SD premises on 18^th May 2021, does this also mean SC will issue its own report to validate a completed SIR?  What is SC’s response to the RM3 billion that have been resolved?

SC says Serba Dinamik probe ongoing

Adam Aziz November 12, 2021 08:33 am +08

https://www.theedgemarkets.com/article/sc-says-serba-dinamik-probe-ongoing-backs-ey-special-review

“The regulator assures the investing public that it has made progress on its investigation and additional resources have been added to the team to ensure the investigation is completed in a timely manner.   “

Conclusion

A lot has happened and clearly, even with the conclusion of the SIR, there will be a definately a review on the existing regulations and ways to improve on its efficiency and execution.

That said, SD is on track to redeem itself for continuously telling the truth, both in and outside the courts.

* In respect of the article, it is recommended that you consult with a Certified Accountant/Chartered Accountant/Chartered Internal Auditor, Chief Financial Officer, Legal Counsel and/or Tax Advisor for advice concerning the article.

It is not recommend that consultations be made with Certified Financial Analyst, Brokers, Traders and/or MBA/MA Finance Graduates as they are deemed not to have the necessary competency and skills to evaluate and advise on such matters discussed in the article.