just publish the SIR when got it, then let Bursa reopen share market, market will justify your share price value. Legal action is not a good choice especially everything still in unknown stage
if the M&A negotiation cancel ahead of due date, is the company should announce immediately of wait until the agreed nego due date....all material information should be announce...what happen to malaysia investor, so smart...shit....
linheng quoted Bursa kena this time. They think they are above the law. SIR in progress. How can they set a timeline if they are not doing the investigations
Now sue Bursa, last time KPMG. Chef is not capable of doing business when you insist to sue everyone. Think you are always right. The so-called simple issues can be readily resolved statement thrown into the wind, cannot be immediately reported by EY? Why, Mr Shoplot Chairman?
Originating Summons (OS) is one of the two modes in commencing a civil action. An action is commenced by an OS when (1) it is required by a statute or (2) a dispute, which is concerned with matters of law, is unlikely to be any substantial dispute of fact. An Originating Summons may be in Inter partes or Ex-parte of the Rules of Court.
OS is heard based on affidavits filed in support. OS cases are heard by registrars or judges in chambers or in open Court. A judicial decision is made by hearing the lawyers and assessing the affidavits filed either in support of or in opposition to the OS. Witnesses may be called to give testimony and pre-trial conferences may or may not be conducted.
An application can be made to convert an OS into a Writ at any stage of proceedings. Alternatively, the Registrar or Judge can decide to convert an OS into a Writ without any application from the parties. Once the decision to convert has been made, the steps relating to a Writ applies. The Registry will assign a new Suit Number to the proceedings and a pre-trial conference will be called for the service of the Statement of Claim.
Saman Pemula (OS) adalah salah satu daripada dua cara dalam memulakan tindakan sivil. Tindakan dimulakan oleh OS apabila (1) ia dikehendaki oleh statut atau (2) pertikaian, yang berkenaan dengan perkara undang-undang, tidak mungkin menjadi sebarang pertikaian fakta yang ketara. Saman Pemula mungkin dalam Inter partes atau Ex-parte Kaedah-Kaedah Mahkamah.
OS didengar berdasarkan afidavit yang difailkan sebagai sokongan. Kes OS didengar oleh pendaftar atau hakim di dalam kamar atau di Mahkamah terbuka. Keputusan kehakiman dibuat dengan mendengar peguam dan menilai afidavit yang difailkan sama ada menyokong atau menentang OS. Saksi boleh dipanggil untuk memberi keterangan dan persidangan pra-perbicaraan boleh dijalankan atau tidak.
Permohonan boleh dibuat untuk menukar OS kepada Writ pada mana-mana peringkat prosiding. Sebagai alternatif, Pendaftar atau Hakim boleh memutuskan untuk menukar OS kepada Writ tanpa sebarang permohonan daripada pihak-pihak. Setelah keputusan untuk menukar telah dibuat, langkah-langkah yang berkaitan dengan Writ terpakai. Pejabat Pendaftaran akan memberikan Nombor Saman baharu kepada prosiding dan persidangan pra-perbicaraan akan dipanggil untuk penyampaian Penyata Tuntutan.
KPMG is shoplot auditor and now E&Y is not even an auditor?
The circumstances leading to the filing of the OS by SDHB is based on, inter alia, SDHB’s contention that the instruction given by Bursa dated 28.6.2021 and 2.7.2021 respectively to SDHB to appoint Ernst & Young Consulting Sdn Bhd as a special auditor to conduct a “Special Independent Review” made pursuant to paragraphs 2.23 and 2.24 of the Main Market Listing Requirements is in excess of Bursa’s power. It is also SDHB’s contention that Bursa’s instruction to SDHB dated 22.10.2021 to announce a “Factual Findings Update” made by Ernst & Young Consulting Sdn Bhd is also in excess of its power and ought to be declared as null and void. SDHB contends that Bursa cannot exercise its power purportedly pursuant to paragraph 2.23 and 2.24 of MMLR in directing SDHB to appoint Ernst & Young Consulting Sdn Bhd as a special auditor to conduct a “Special Independent Review”: a. There was no opinion by Bursa as to breach of any provision of the MMLR and no opinion of breach was notified to SDSB till to-date; b. There was no opinion by Bursa that was notified to SDHB that a special independent review was necessary in any event; c. Ernst & Young Consulting Sdn Bhd is not an auditor within the meaning of the “auditor” in the MMLR.
SDHB further contend that Bursa cannot exercise a purported power to: a. direct SDHB to appoint a person who is not an auditor; b. direct SDHB to announce any material prepared by a person who is not an auditor; c. to direct an announcement on any material prepared by a person who is not obliged to follow any Auditing Standards or other Engagement Standards issued by the accounting and audit profession; d. to direct an announcement on any material that is unlikely to satisfy paragraphs 9.03 and 9.35A of the Main Market Listing Requirement; e. to direct an announcement of any “Factual Findings Update” which may or may not be used by the auditor of SDHB to form an audit opinion at the conclusion of the audit of SDHB’s financial statements.
did you know that anybody can sue anybody? question is can win or not? if not why sue? i was told that cases can drag for many years. guess who's paying for legal fees? guess who stands to lose if this drags on for few years?
. Actually you can. If you can have access to non-financial information, then you would be able to access the situation.
Can you tell when someone is lying?
While the drama plays on, Serba Dinamik’s minority shareholders are bound to be an anxious lot as they have no way to assess the true situation at the company.
So now all listed companies annual financial account audited by E&Y should be nil and void since Serbadk said "Ernst & Young Consulting Sdn Bhd is not an auditor within the meaning of the “auditor” in the MMLR"
in the end, the real losers are the retail investors.. no one else. big fund wont give 2 hoots, they just manage the fund and move on from losses. what about small retail investors? can they move on?
I feel like serba living in their own world thinking all the standards and rules non-existent to them, challenging the body that guarding the standards and rules after thinking they are smarter than the auditor?
@SSlee, EY Consulting is a separate entity from the EY auditor. the EY auditor is a partnership,whereas EY Consulting is a separate limited liability company where the consulting partners are directors. This is the normal arrangement for the Big4 auditors to keep the auditing and consulting biz separate to avoid conflicts of interest
btw can I just point out how ridiculous this summons against Bursa is? Serba is announcing (on bursa's platform) that it is challenging its suspension from Bursa's platform (Bursa being a private company which allows other companies to list on it for a fee) on the basis that it does not have the authority to do so (despite Bursa's MMLR stating that it determines the terms and conditions for any company being allowed to list on its platform). Digest that.
Quoted from the-edge-markets While the drama plays on, Serba Dinamik’s minority shareholders are bound to be an anxious lot as they have no way to assess the true situation at the company.
KUALA LUMPUR: Serba Dinamik Holding Bhd has filed an originating summons at the High Court against Bursa Malaysia Securities Bhd to appoint Ernst & Young Consulting Sdn Bhd as a special auditor to conduct a “special independent review” is in excess of power, null and void and of no effect.
In a filing with Bursa on Monday the originating summons was to declare the orders given by Bursa Bursa dated June 28 and July 2, under paragraphs 2.23 and 2.24 of the Main Market Listing Requirements (MMLR) is in excess of power, null and void and of no effect.
Serba Dinamik also sough a declaration that the instruction given by Bursa to the company dated Oct 22, to announce a “Factual Findings Update” made by Ernst & Young Consulting Sdn Bhd is in excess of power, null and void and of no effect.
The company also sought a declaration that Bursa had failed to comply with paragraph 2.24 of the MMLR.
It also sought a declaration that Bursa has no power to instruct and/or direct Serba Dinamik to take any steps, action and/or engage in any conduct which may contravene or otherwise may not comply with MMLR 9.03.
Serb DInamik also sought a declaration that Bursa has no power to instruct and/or direct Sime Darby to take any steps, action and/or engage in any conduct which may contravene or otherwise may not comply with MMLR 9.35A.
It added it was also seeking a declaration that Bursa’s conduct and/or action on Oct 22 in suspending the trading of the securities of Sime Darby listed on the Main Market of Bursa under stock code 5279 and 5279WA is in excess of power, null and void and of no effect.
Every authorities and businesses runs by human like you and me. Malays, Chinese , Indian or other minority races, we all tends to make mistake, wrong judgement in life. What made some of them so special like God, never wrong doing? look around your friends, i bet many are auditor too, they also normal person, graduated from Uni , Never be so confident on one side story when the water still blurry.
Posted by vcinvestor > Nov 8, 2021 5:07 PM | Report Abuse
@SSlee, EY Consulting is a separate entity from the EY auditor. the EY auditor is a partnership,whereas EY Consulting is a separate limited liability company where the consulting partners are directors. This is the normal arrangement for the Big4 auditors to keep the auditing and consulting biz separate to avoid conflicts of interest
In the end, promoter will say, its your money burned or not, keep trusting Sd , a dividend paying counter, 18 biliions sale, 18 times profitable quarter, sarawak play. Well, u cant do anything at all these 2 weeks. Ekeke
Ernst & Young Consulting Sdn Bhd is not an auditor within the meaning of the “auditor” in the MMLR.
SDHB further contend that Bursa cannot exercise a purported power to: a. direct SDHB to appoint a person who is not an auditor; b. direct SDHB to announce any material prepared by a person who is not an auditor; c. to direct an announcement on any material prepared by a person who is not obliged to follow any Auditing Standards or other Engagement Standards issued by the accounting and audit profession; d. to direct an announcement on any material that is unlikely to satisfy paragraphs 9.03 and 9.35A of the Main Market Listing Requirement; e. to direct an announcement of any “Factual Findings Update” which may or may not be used by the auditor of SDHB to form an audit opinion at the conclusion of the audit of SDHB’s financial statements.
Hope SD know what they are doing now, even if Bursa open back SD share, it will jump down another half or more, and more Force Selling drama will come.
Anyway, Sebak is closing shop this month because unable to service their debt. Bursa will delist Sebak. And shareholders can settle anything personally with Karam.
This is share market. U don't follow rule, bursa kick u out. That is all Bursa will do. Nothing more than that.
Why ? U think Bursa will make police report ? HAHAHAHAHAHAHAHHAHAHAH !!
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Post removed.Why?