The false will eventually appear in reality, the dust will return to the dust, the soil will return to the soil, and all thing will return to the dust...The facts cannot be changed..
What will happen after 15 days? I saw S&P also downgraded SD from CCC to CC. But still higher than Fitch given rating of C. How to get fund raising with such rating? Got water fish swim into the bucket or not? Oh, no need fund raising I guess. Because if not mistaken they have terminated the contracts, right?
Kpower doing very well. Very Good support at 50 cents. I expect SCIB once opt will go higher. Karim need to push Kpower and SCIB higher inorder to stop bank force selling for Serbadk when open.
What kind of documents have SC seized (and still not returned up to the time of this writing)? For that, we have to make some realistic assumptions to what SD has in place. Typically, an O&G outfit is very into ERP (Enterprise Resource Planning) systems and Document Management Systems (DMS). With that, we shall explore
1) What documents that SC have given EY access to that “SD couldn’t produce or withheld from EY”; 2) The level of transgressions that such documents can lead to, if any; 3) Ramifications of such seizure of documents on SD fulfilling all of it’s statutory obligations.
1) What documents that SC have given EY access to that “SD couldn’t produce or withheld” We shall dissect the type of documents into the following general categories for ease of understanding, according to the activities within SD namely
a) Sales and Marketing (S&M) Typically, most documents under (S&M) consist of Invoices, Service Orders (from clients), Bid documents (and quotations), Letter of Awards and Contracts. Invoices are the only document that can be reproduced by SD from the ERP. Other official versions of documents like Bid Documents, Letter of Awards and Contracts would also be copied into DMS and copied for statutory purposes (like CoSec). Service Orders (from clients) may be also DMS, but in my experience it may not be so (unless having a copy in the email correspondences with the client or a copy being held by Procurement to raise PO) and for ISO purposes.
Likelihood of SD not producing or being withheld from EY – Low.
b) Projects, Operations and Procurement (POP) Here is where the main activities of SD towards it’s clients are carried out. These are termed working documents. In most cases, these documents are reproduceable by SD as these can be generated by SD from the ERP system. Documents like work/service requisitions (from Projects and Operations), Delivery/Receipt Orders, Purchase Requisitions (and Vendor Quotation) are available.
What is not readily reproduceable are the reports on Project and Operations statuses. Typically, these documents exists for the purposes of BOD use, Approving Committee use and/or Statutory use. They are usually in the PowerPoint and Excel formats. These reports contain signatures of the approving personnel.
Likelihood of SD not producing or being withheld from EY – Medium.
c) Financial and Legal Under Financial and Legal, it would reproduceable by the ERP system and documents like Payment Vouchers (which would also contain in bundle the S&M and POP documents). What would be reproduceable would be just the payment vouchers but not the supporting bundles, unless time is taken to re-construct the bundle.
What is also most likely not-reproduceable are external party documents (since most ERP system don’t cater for it). Most crucial for receipts and payments from clients and vendors respectively are the Bank Negara Forms and Bank Related forms. Whilst in typical online banking transactions, like Maybank2u or RHB Reflex, can be seen, it is line-by-line transactions unless there are queries from these banks into the nature of the receipts and remittances to and from clients/vendors. There are some other forms that unless capturd in the DMS for ISO purposes, the likes of customs declarations forms, taxation forms for example, it is most likely not reproduceable by SD.
Likelihood of SD not producing or being withheld from EY – Medium.
d) Registered Address / Statutory The registered address (usually the Company Secretary’s Office) would contain all the documents pertaining to senior management and BOD in the form of the meeting registers which contain all the deliberations and approval of all contract awards (with legal entities, legal and financial arrangements and financial appraisals), projects (details of project statuses, issues) and Operations (details of operation statuses, issues). Such documents provide the strategic view of how information would be reflected in the Financial Statements.
Of all the documents highlighted above, documents held by the registered address / statutory are the most important ones all because it gives SD the legitimacy and credibility for all of it’s actions. These documents are what would support or act in contrary to KPMG’s assertations
Likelihood of SD not producing or being withheld from EY – Low.
2) The level of transgressions that such documents can lead to, if any;
Based on SC’s statement in TheEgde, it can be reasonably assumed that “working documents” were seized. Such documents typically would contain various type of documents that are bundled to a specific project or operation work. In such documents, we would be able to verify the approving persons and how it is eventually recorded in the Financial Statements.
Such working documents would involve low to mid-level employees of SD with occasional approval from senior management based on the Limits of Authority (LOA).
What isn’t clear from SC’s statement in TheEdge, is whether seizure was made at the registered address. If we reasonably assume that there was no seizure of such documents, it would be difficult to identify transgressions committed by Senior Management and the BOD.
Documents that are not re-producible can lead to inability to verify the correctness and authenticity of the transactions. To obtain such documents from the 3rd parties, may prove difficult especially when it involves banks and government bodies. Obtaining a CTC may be difficult but doable.
Question is, do you have the time to wait for their response?
3) Ramifications of such seizure of documents on SD in fulfilling any statutory obligations.
In a worst-case scenario where SC seized all documents in all areas, it will definitely impact SD to continue to fulfil its statutory obligations, financial obligations, project and operational obligations. In short, SD’s ability to continue as a going concern is questionable.
However, since SD was able to disclose QR 30/6/2021, we can reasonably assume that it seems that the seizure of documents was related to QR31/3/2021 and KPMG’s assertions. It is most likely client/vendor and time specific.
Would it hamper Nexia’s ability to conduct its audit? Yes, unless like EY, Nexia has made a request to verify such documents at SC’s premises. .
. If Scomi cannot deliver the trains and the CEO has dumped all his shareholdings PLUS its auditor wrote a looooooong letter about its audit issues which are far worst than SD, why is SC keeping quiet?
SC/Bursa what are you doing? Are you playing double standards? Aren't your Acts applicable to every entity in the same manner? Where is the SIR for Scomi?
Where is MSWG too?
SC/Bursa/MSWG, please note that your double standards have caught the attention of the law community in this part of the world.
Get cracking.
I wish you well SC, if you just started putting in resources to finalise SD's issue. Good luck. .
. Quoting Acts and sections of legislations are of no use. Why? Because it doesn't get things done.
As highlighted by 1 of the 4 heavenly kings here, he had to engage a lawyer to get an EGM going.
Can't he get his letter out by himself (together with the other shareholders')? He should stand by his ability to get things done.
However, what is happening is having the knowledge but cannot execute competently and confidently is very evident here.
Also, lobbying is also not restricted to Bursa/SC. It also involves engagement with various government departments in Putrajaya. Legwork is important. .
If you are not qualified as a licensed investment adviser in Malaysia, I suggest strongly you stop doing unauthorised your own analyses when you had no direct access to the confidential documents belonging to Serba.
Serba can sue you for speaking on their behalf, you know?
Btw @PearlWhite, go and read SC’s regulations about making misleading false statements or analyses on online public forums, when you are NOT a licensed investment adviser in Malaysia… Fines and/or jail may be applicable if we report you to SC
According to Ms White SC action may have affected the going concern of SD. So we going to see another suit soon!!!
Firstly SC did not want to make public on its investigation. SD action has push them to make clarification. If SC is still investigating after so long, then there must be some issues they are waiting for confirmation. Otherwise SC would have discontinued investigation. The documents still with SC maybe used as evidence.
Before conclusion of SIR or investigation, SD may die from lack of cashflow as evidenced by the inability to pay coupon or complete building purchase of RM24 mil. The amount is so small compared to turnover or debtors.
But anyway Ms White always seems to know something inside. This maybe part of its game plan. Hahahaha
............................................................................................................................... In a worst-case scenario where SC seized all documents in all areas, it will definitely impact SD to continue to fulfil its statutory obligations, financial obligations, project and operational obligations. In short, SD’s ability to continue as a going concern is questionable.
Whoever purchase this company stock been impacted severly by all the dramas that going with between Serba, Bursa and Auditors. All share holder should sue serba and Bursa ask for money refund.
1. The seizure of such documents by SC is to pre-empt the possibility of such documents being tempered with or destroyed . Some of the documents could be highly confidential and never be accessible to anyone before except the higher level of authority .Therefore, it can be reasonably assumed that it would be difficult to identify transgressions committed by Senior Management and BOD if there was no seizure of such documents.
2. Documents that are not re-producible will not lead to inability to verify the correctness and authenticity of the transactions as these documents can be confirmed with CTC by the third parties at the original sources ( unless of course there has never been genuine original sources in place ).
3. Your mention of the seizure of such documents will impact SD’s ability to continue as a going concern is preposterous. Since you have mentioned that most of documents are re-producible from SD’s filling system, the question of going concern does not arise.
4. SC,as a market regulator ,has owed the duty of care to the investors in general to ensure MMLR is complied and upheld by all the Public Listed Companies (PLC) at all times
Thanks @joyvest for explaining clearly why @PearlWhite’s self conducted analyses were boldly misleading.
If he/she refuse to remove his/her long essays without having the proper investment adviser license in Malaysia, we may hve to report to SC…. in view of current sensitive investigations by SC on Serba, as reported by local news recently.
Posted by SHQuah > Nov 15, 2021 1:06 PM | Report Abuse
Kpower doing very well. Very Good support at 50 cents. I expect SCIB once opt will go higher. Karim need to push Kpower and SCIB higher inorder to stop bank force selling for Serbadk when open.
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This book is the result of the author's many years of experience and observation throughout his 26 years in the stockbroking industry. It was written for general public to learn to invest based on facts and not on fantasies or hearsay....
amirf1221
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Posted by amirf1221 > 2021-11-15 11:19 | Report Abuse
Interesting prospect
Suing got long list too
Let see the outcome later