M19 Advisory Services Rules and Regulations (Q&A) Sample Questions
This examination is designed to test candidates’ knowledge and understanding of the rules and
regulations governing advisory services in the Malaysian capital market. It is one of the
examinations to be passed by individuals who:
(1) intend to apply for a Capital Markets Services Representative's Licence (CMSRL) to carry
on the regulated activities of advising on corporate finance or investment advice;
or
(2) intend to be employees of registered persons who carry out the capital markets activities
as stipulated in Item 2 and 3 of Schedule 4 of the Capital Markets and Services Act 2007.
Candidates are advised to refer to the Licensing Handbook for the detailed combination of
examinations required for each regulated activity.
Candidates are expected to possess good knowledge and understanding of the subject matter
provided in the study outline and specified references. In addition, candidates are expected to
have relatively strong capability in the application, analysis and evaluation of information in this
study outline and its references. It is estimated that this module will require a minimum of 200
hours of study time. Candidates may need less or more depending on the education background
and work experience.
Candidates are expected to update themselves with the latest changes relevant to this
examination as all questions will be continuously updated to reflect these changes. Candidates
are permitted to refer to their own prescribed reference materials during the examination. Note
that no prescribed reference materials will be provided by the Securities Industry Development
Corporation (SIDC). The prescribed reference materials brought into the examinations by
candidates are subject to the terms and conditions of SIDC, details of which are set out in the
terms and conditions of the SC licensing examinations. Candidates are required to comply with the terms and conditions of the SC licensing examination.
Severe penalties will be taken against candidates for any misconduct during the examination.
At the end of this study outline are 4 sample questions of various formats used in the Module 19
examination. The samples provided do not in any way reflect the level of difficulty or the subjectmatter distribution of the actual examination. They are merely intended to familiarise candidates
with the styles of multiple-choice questions used in the examination.
LEARNING OBJECTIVES
Candidates are expected to have good knowledge, understanding and ability to apply in the
following areas: (a) The principles of contract law and relevant issues. (b) The laws which are relevant to the advisory services in the Malaysian capital market. (c). The system and procedures of licensing of persons who carry on the investment advisory
business in Malaysia. (d) The features and prohibitions of investment advisory activities (e) The regulations governing the issue and offer of equity securities, listing of corporations and
quotations of securities on the Main Market of Bursa Malaysia Securities Berhad (Bursa
Securities) (Main Market) and proposals which result in a significant change in the business
direction or policy of corporations listed on the Main Market under the Securities Commission
Malaysia’s Equity Guidelines. (f) The regulations setting out who can act as principal advisers for the submission of corporate
proposals and the competency standards required. (g) The regulations governing the conduct of due diligence for corporate proposals by issuers,
advisers and experts. (h) The activities and current trends connected to money laundering and terrorism financing and
the Malaysian regulatory approach towards them (i) The characteristics and regulations governing take-overs in Malaysia. (j) The regulations governing valuations of property assets in conjunction with corporate
proposals for submission to the Securities Commission Malaysia or for inclusion in prospectuses
and circulars. (j) The regulations governing the issuance and registration of prospectuses. (k) The regulations governing the issue, subscription, purchase, invitation to subscribe or
purchase corporate bonds or sukuk to retail investors. (l) The regulations that must be observed for the purposes of exclusively making available
unlisted capital market products to sophisticated investors in Malaysia or persons outside
Malaysia. (m) The regulations governing the issuers of structured warrants. (n) The regulations governing listing of securities under the Bursa Securities Main Market Listing
Requirements, Bursa Malaysia Securities Berhad ACE Market Listing Requirements and Bursa
Malaysia Securities Berhad LEAP Market Listing Requirement.
EXAMINATION SYLLABUS
The syllabus for this examination is divided into 3 sections and the maximum composition of questions from each section is as follows:
Type of questions: Multiple-choice No. of Questions: 60
Duration: 120 minutes
Pass Mark: 70%
The Securities Industry Development Corporation (SIDC) offers multiple choice question examinations for individuals wishing to undertake one or more regulated activities under the Capital Markets and Services Act 2007.
Example 1 Under the law of contract, _________________ is the exchange for the promise given.
(A) intention to create legal relations
(B) genuine consent
(C) agreement
(D) consideration
Example 2 Issuance of Sukuk Islamic Securities involving a partnership arrangement between two or more
parties to finance a business venture whereby all parties contribute capital either in the form of
cash or in kind for the purpose of financing the business venture. Any profit derived from the
venture will be distributed based on a pre-agreed profit sharing ratio, but a loss will be shared on
the basis of capital contribution.
The above describes the Islamic principle of:
(A) Musharakah
(B) Mudharabah
(C) Murabahah
(D) Istisna’
Mudharabah (profit-loss sharing business) is a type of business agreement between two parties where one party provides capital (Rabb-ul-Maal) and the other labor or management (Mudarib) for the business. It helps finance businesses based on profit sharing without involving any riba or interest. Hence, it forms a Sharia-compliant mode of financing.
Murabaha, is referred to as cost-plus financing, is an Islamic financing structure in which the seller and buyer agree to the cost and markup of an asset. The markup takes place of interest, which is illegal in Islamic law. As such, murabaha is not an interest-bearing loan (qardh ribawi) but is an acceptable form of credit sale under Islamic law. As with a rent-to-own arrangement, the purchaser does not become the true owner until the loan is fully paid.
Murabaha, is referred to as cost-plus financing, is an Islamic financing structure in which the seller and buyer agree to the cost and markup of an asset. The markup takes place of interest, which is illegal in Islamic law. As such, murabaha is not an interest-bearing loan (qardh ribawi) but is an acceptable form of credit sale under Islamic law. As with a rent-to-own arrangement, the purchaser does not become the true owner until the loan is fully paid.
Example 4 In relation to the right of appointment of principal advisers, what are the rights reserved for the
Securities Commission Malaysia?
(i) Right to request for the appointment of an independent adviser
(ii) Right not to allow submissions by the principal adviser in cases where the Securities
Commission Malaysia considers the principal adviser to be incapable of giving impartial
advice
(iii) Right to decline submissions of the principal adviser where the principal adviser has an
interest in the outcome of the proposal
(iv) Right to appoint a new principal adviser in place of the existing principal adviser
(A) (i) and (iv) only
(B) (i), (ii) and (iii) only
(C) (ii), (iii) and (iv) only
(D) All of the above
Self-Assessment Questions:
CONTRACTUAL ISSUES
Question 1
Which of the following items are the essential elements of a contract, YES or NO?
Elements:
Intention (YES)
Written terms (NO)
Acceptance (YES)
Consideration (YES)
Invitation to treat (NO)
Offer (YES)
Agreement (YES)
Question 2
Brochures – Quotation – Display of goods on a shelf
The above items are all example of AN INVITATION TO TREAT.
Question 3
Identify whether the following statements on limiting and excluding liability under the common law are TRUE or FALSE.
Statements
In practice, limiting clauses are used as a defence while excluding clauses are often used to define the obligation of the parties to the contract. (TRUE)
It is sufficient for a party seeking to rely on a limiting or excluding clause if the party implies this intention. (FALSE)
The party relying on a limiting or excluding clause must adequately bring it to the attention of the other party before the contract was concluded. (TRUE)
Question 1
Describe the essential components of the tort of negligence listed below:
1. DUTY:
Answer: There must be a duty owned by the defendant to the complainant
2. BREACH OF DUTY:
Answer: There must have been a failure to attain that standard of care, prescribed by the law.
3. DAMAGE OR INJURY RESULTING FROM THAT BREACH:
Answer: Some direct and consequential loss must have been suffered by the complainant which is causally connected to breach in particular and must be recognized by the law
Question 2
Identify whether the following statements on the general liability of stockbrokers are TRUE or FALSE?
1. A stockbroker’s duty can be subjected to contractual principles. TRUE
2. From a tort perspective, a stockbroker may be liable for failing to use skill and diligence, which a reasonably competent and careful stockbroker would exercise. TRUE
3. Common law provides that if a customer suffers loss by a stockbroker’s breach of duty, it must be proven that the stockbroker had acted fraudulently. FALSE
4. In the investment market, the mere fact of losses suffered by a third party can in itself be evidence of negligence on the part of a broker. FALSE
Question 3
Any of parties as set out in Section 248 of the Capital Markets and Services Act 2007.
1. The issuer and each director of the issuer at the time issue of the disclosure document or prospectus.
2. A person who consented or caused himself to be named and was named in the disclosure document or prospectus given to an investor as a director or as having agreed to become a director either immediately or after an interval of time.
3. A promoter, for any loss or damage arising from the disclosure document or prospectus or any relevant portion of the disclosure document or prospectus in respect of which he was a party to the preparation thereof.
4. A person other the issuer, who was responsible for preparing the disclosure document or prospectus, or responsible for conducting the due diligence of the information or statement contained in the disclosure document or prospectus, by whatever name called and may include the principal adviser or lead arranger.
5. A person named in the disclosure document or prospectus with his consent, as having made statement, that was included in the disclosure document or prospectus or on which a statement made in the disclosure document or prospectus was based, for any loss or damage caused by the inclusion of the statement in the disclosure document or 387 prospectus.
6. A person named in the disclosure document or prospectus with his consent as a stockbroker, sharebroker, underwriter, auditor, banker or advocate of the issuer in relation to the issue od, offer for subscription or purchase od, or invitation to subscribe for or purchase, securities and who had made a statement that was included in the disclosure document or prospectus or on which a statement made in disclosure document or prospectus was based, for any loss or damage caused by the inclusion of the statement in the disclosure document or prospectus; or
7. A person who authorized or caused the issue of any disclosure document or prospectus in contravention of section 246, for any loss or damage caused by such contravention.
Question 4 ABC Investment Bank is the Adviser for a corporate transaction undertaken by Company X. As a result of the ABC Investment Bank’s negligence in providing advice on the transaction, Company X incurred certain hardships and financial losses amounting to RM1,500,000. Company X filed and won a lawsuit against ABC Investment Bank. The court judgement required ABC Investment Bank to pay Company X RM1,500,000 for the loss incurred. The court also required ABC Investment Bank pay RM2,000,000 to Company X, to make an example of the Bank’s wrongful behaviour. What type of damages are ABC Investment Bank paying?
I. General damages
II. Special damages
III. Nominal damages
IV. Punitive damages
A. I and III only
B. I and IV only
C. II and III only D. II and IV only
Question 6 Robert is a client of ABC Investment Sdn Bhd, intends to claim against his dealer on the basis that he has suffered a loss having relied upon advice given by his dealer, who also did not disclose his interest in the recommended securities.
Which of the following defences can be used by the dealer?
I. The client would not have made a claim if a profit had been made.
II. The dealer was not aware of a change in the client’s investment objectives.
III. The dealer did not know that the interest existed at the e time of the recommendation.
IV. The client would have made the investment decision even if the interest had been disclosed.
A. I only
B. I and II only C. II, III and IV only
D. All of the above
Question 7 Mack was planning to increase his capital position and therefore had sough advice from his remisier, Muna. Based on Muna’s advice, Mack had purchased 500,000 shares of Gula Berhad at RM1.00 on 4 June 20XX. A week later, Gula Berhad went into liquidation and its share price fell to
RM0.20. Mrck confranted Muna and Muna admitted the advice was given based on rumours that Gula Berhad would be acquiring another public-listed company and she did not conduct any further verification purposes.
Based on the above scenario, Mack may bring civil action against Muna for:
A. short selling
B. front running C. negligent misstatement
D. unlawful use of client’s money
Question 8 A teenager was riding a bicycle when she saw a classmate walking toward her. The teenager rode quickly toward the classmate, knowing that he would think she would run into him on her current trajectory. The teenager was not purposefully trying to harm or touch him. The classmate saw the teenager riding toward him and yelled at her to stop. The teenager swerved at the last moment and avoided hitting him. The classmate had a panic attack because he thought that the teenager would hit him. Is the classmate likely to succeed if he sues the teenager for assault?
A. No, because the teenager did not make contact with the classmate.
B. No, because the teenager did not purposefully try to harm or touch the classmate. C. Yes, because the teenager acted with the requisite intent.
D. Yes, because the teenager’s conduct was extreme and outrageous
Question 9 A mother went to a retail toy store to purchase a birthday gift for her eight-year-old daughter. Without inspecting it, a toy-store employee sold an electric toy oven to the mother. The toy oven could bake small batches of real food using heat generated from light bulbs located in the interior of the oven. The instructions that came with the toy oven clearly stated that adult supervision was required when operating the oven, so the mother helped the daughter use the oven to bake brownies. While the brownies were baking, a six-year-old boy who lived next door came over to play with the daughter. When the brownies were done baking, the mother allowed the boy to open the oven and remove them. As he was doing so, a broken light bulb inside of the oven suddenly caught on fire, causing second-degree burns on the boy’s hands.
The boy’s father subsequently filed a negligence action against the
manufacturer of the toy oven. At trial, it was established that had the manufacturer or the toy store exercised reasonable care in the inspection of the toy oven, the broken light bulb would have been discovered. Who is likely to prevail?
A. The boy’s father, because the manufacturer breached its duty of reasonable care toward the boy.
B. The boy’s father, because the manufacturer is strictly liable for the toy oven’s defect.
C. The manufacturer, because it was not reasonably foreseeable that the boy would be injured by the daughter’s defective toy oven.
D. The manufacturer, because the toy store’s negligent failure to inspect the toy oven before selling it to the mother is a superseding cause of the boy’s injuries.
Question 10 A pregnant woman, whose due date for the delivery of her viable fetus was less than a month away, was walking in a parking lot and looking at her cell phone. She was hit by a car driven by a police officer, who had just received word of an emergency and carelessly failed to see the woman. Several days later, the woman gave birth to a child who suffered neurological damage as a result of the accident.
The woman, on behalf of her child, brought a negligence suit against the police officer for damages associated with the physical injuries suffered by the child. The woman and the police officer were found to be equally at fault for the accident.
The jurisdiction has adopted a modified comparative fault statute that bars a plaintiff from recovery against a defendant whose fault is less than or equal to that of the plaintiff. In the child’s suit against the police officer, will the child be likely to recover for her injuries?
A. No, because the child was in utero at the time of the accident.
B. No, because the firefighters’ rule applies to police officers. C. Yes, because the child was viable at the time of the accident.
D. Yes, because the woman was not at greater fault than the police officer.
Details of the syllabus are as below:
Section 1
LEGAL CONSIDERATIONS AND CODE OF CONDUCT
1. Contractual Issues
1.1 Outline of the law of contract
1.2 Essential elements of a contract
1.3 Other elements of contract
1.4 Exclusion and limitation clauses
1.5 Remedies for breach of contract
2. Negligent Misstatement
2.1 Negligence
2.2 Defences
2.3 General liability of stockbrokers
2.4 False and misleading statements under securities laws.
Note: At the end of this topic, you should be able to:
List essential elements in the tort of negligent misstatement
List the preconditions for successful claim for damages
List the responsibilities of a licensed person imposed by statute
3. Licensing of persons who carry on the business of investment advice, advising on
corporate finance and their representatives
3.1 Advising on corporate finance, Investment advice, CMSL and CMSRL defined
3.2 Requirement to be licensed
3.3 Criteria for the grant of licence
3.4 Revocation and suspension of licence
3.5 Duties and obligations of licence holder
GUIDELINES ON PREVENTION OF MONEY LAUNDERING AND TERRORISM FINANCING FOR
REPORTING INSTITUTIONS IN THE CAPITAL MARKET
Part I : Introduction and Applicability
1 Introduction
2 Applicability
3 Definitions
4 General Description of Money Laundering
5 General Description of Terrorism Financing
6 General Principles and Policies to Combat Money Laundering and
Terrorism Financing
Part IA : AML/CFT Compliance Programmes and Obligations of Board of
Directors, Senior Management and Compliance Officer
6A Internal Programmes, Policies, Procedures and Controls
6B Board of Directors
6C Senior Management
6D Compliance Officer
6E Group-wide ML/TF Programmes
Part II : Risk-Based Approach Application
7 Risk- Based Approach Application
8. Customer Due Diligence (CDD)
Part IIIA : Wire Transfer
9. Wire Transfer of Digital Assets Part IV : Retention of Records
10. Record Keeping
Part V : Suspicious Transactions
11. Reporting on Suspicious Transactions
12. Confidentiality of Reporting
Part VI : Enforcement Orders
13. Compliance with Enforcement Orders
Part VII : Combating Terrorism Financing
14. Identification and Designation
Appendices
GUIDELINES ON IMPLEMENTATION OF TARGETED FINANCIAL SANCTIONS RELATING TO
PROLIFERATION FINANCING FOR CAPITAL MARKET INTERMEDIARIES
1.0 Introduction
2.0 Applicability
3.0 Definitions
4.0 Combating Proliferation Financing
5.0 Reporting Requirements
6.0 Contact Information
7.0 Appendices
In investing, risk and return are highly correlated. Increased potential returns on investment usually go hand-in-hand with increased risk. Different types of risks include project-specific risk, industry-specific risk, competitive risk, international risk, and market risk. Return refers to either gains or losses made from trading a security.
The return on an investment is expressed as a percentage and considered a random variable that takes any value within a given range. Several factors influence the type of returns that investors can expect from trading in the markets.
Fundamentals include the basic qualitative and quantitative information that contributes to the financial or economic well-being of a company, security, or currency, and their subsequent financial valuation. Where qualitative information includes elements that cannot be directly measured, such as management experience, quantitative analysis (QA) uses mathematics and statistics to understand the asset and predict its movements…Read more
Fundamentals include the basic qualitative and quantitative information that contributes to the financial or economic well-being of a company, security, or currency, and their subsequent financial valuation. Where qualitative information includes elements that cannot be directly measured, such as management experience, quantitative analysis (QA) uses mathematics and statistics to understand the asset and predict its movements…Read more