Malaysia: Additional detail required for monthly disclosure reporting - revision

11.10.2017

This announcement originally published on 30 June 2017 has been revised to clarify instruction format details.

Effective

1 July 2017

the Malaysian central bank (Bank Negara Malaysia – BNM), under Section 78(2) of the Central Bank of Malaysia Act 2009, now requires the Legal Entity Identifier (LEI) to be reported, if available. This is further to the existing monthly disclosure request, that was implemented in April 2014, for unlisted fixed income securities (SSDS-eligible).

The collection of such data/information, by BNM, is for the compilation of statistics to aid in the study and monitoring of investments made by non-resident ultimate beneficial owners (NR UBOs) and allow for greater transparency.

Under Section 78(2) of the Central Bank of Malaysia Act 2009, BNM is entitled to fine the relevant person, up to a maximum of MYR 1 million for non-compliance with the disclosure requirements (including, but not limited to, late disclosure).

Impact on customers

Clearstream Banking1 will send to customers a SWIFT MT564 notification that is flagged as a disclosure event indicating the following:

  • Purpose of the disclosure;
  • ISIN code;
  • Record date;
  • Closing position in nominal amount;
  • Mandatory data/information required of the NR UBOs:
    • Full name of the NR UBO;
    • Date of birth or date of incorporation.
    • Country of residence;
    • Institutional sector.
  • Optional data/information required of the NR UBOs:
    • Legal Entity Identifier (LEI), if available.
  • Response deadline;
  • Consequences of non-disclosure and what to do in case the customer cannot or does not want to disclose.

Note: Both the country codes of residency and institutional sector options and descriptions can be obtained by sending an email with subject “PCP MALAYSIA DSCL” to CAdatabase.cs@clearstream.com

Customers who are impacted will need to send to Clearstream Banking one SWIFT MT565 per NR UBO by the response deadline indicating the following:

  • ISIN code in field :35B:;
  • Total nominal position in field :36B:;
  • Mandatory and optional data/information inserted into field :70E::INST// as follows:

Example:

:70E::INST//<indicate full UBO name>

<indicate Legal Entity Identifier, if available. Otherwise indicate: N/A>

<indicate date of birth/incorporation in DDMMYYYY format>

<indicate country code of residency>

<indicate institutional sector code>

Note: The disclosure request with the LEI, starting in July 2017,will be for the June 2017 data/information of NR UBOs. Clearstream Banking will launch the disclosure request via MT564 on 3 July 2017 and customers are expected to send their responses back via MT565 by 7 July 2017.

Further information

For further information, customers may contact Clearstream Banking Client Services or their Relationship Officer.

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1. Clearstream Banking refers collectively to Clearstream Banking S.A., registered office at 42, avenue John F. Kennedy, L-1855 Luxembourg, and registered with the Luxembourg Trade and Companies Register under number B-9248, and Clearstream Banking AG (for Clearstream Banking Frankfurt (CBF) customers using CreationOnline), registered office at 61, Mergenthalerallee, 65760 Eschborn, Germany and registered in Register B of the Amtsgericht Frankfurt am Main, Germany under number HRB 7500.