s 47 Supplementary prospectus
(1) This section applies— (a) in the case of a unit trust scheme or prescribed investment scheme, where a prospectus has been registered; or (b) in any other case, where a prospectus has been registered but before the issue of securities, and where the issuer becomes aware that— (aa) a matter has arisen and information in respect of that matter would have been required by— (i) section 44 or 45; (ii) any requirement under this Act; (iii) any guidelines issued by the Commission; or (iv) any listing requirement of a stock exchange, to be disclosed in the prospectus if the matter had arisen at the time the prospectus was prepared; (bb) there has been a significant change affecting a matter disclosed in the prospectus; (cc) the prospectus contains a material statement or information that is false or misleading; or (dd) the prospectus contains a statement or information from which there is a material omission. (2) As soon as practicable after becoming aware of a matter referred to in subsection (1), the issuer shall submit a supplementary prospectus to the Commission for registration. (3) The issuer shall lodge the supplementary prospectus— (a) in relation to securities other than a unit trust scheme or prescribed investment scheme, with the Registrar immediately upon registration by the Commission; and (b) in relation to a unit trust scheme or prescribed investment scheme, with the Commission immediately upon registration by the Commission. (4) Subsection (1) shall apply with respect to matters contained in a supplementary prospectus previously registered under this section in respect of the securities in question. (5) There shall be, on each page of a supplementary prospectus, a clear statement in bold type that states that the document is a supplementary prospectus that is to be read in conjunction with— (a) the original prospectus; and (b) if other supplementary prospectuses have been issued in relation to the original prospectus—those supplementary prospectuses. (6) A supplementary prospectus shall be regarded as being a part of the prospectus to which it relates and the provisions of this Act and any other law relating to liability in respect of statements in and omissions from prospectuses or otherwise relating to prospectuses shall apply to such supplementary prospectus and shall have effect accordingly. (7) Where a supplementary prospectus has been registered by the Commission, every copy of the original prospectus issued after registration of the supplementary prospectus must be accompanied by a copy of the supplementary prospectus. (8) Notwithstanding the provisions of this section, the Commission may, on the written application of any issuer or of its own accord, make an order relieving such person from or approving any variation of the requirements of this section. (9) In making an order under this section, the Commission may impose such terms and conditions as it deems fit. (10) The Commission shall not make an order under subsection (8) unless it is satisfied that— (a) compliance with the requirements of this Act is unnecessary for the protection of persons who may normally be expected to deal in those securities, being persons who would reasonably be expected to understand the risks involved; or (b) compliance with the requirements of this Act would impose an unreasonable burden on the issuer. (11) Any person who contravenes subsection (2), (3), (5) or (7) shall be guilty of an offence and shall on conviction be punished with a fine not exceeding three million ringgit or imprisonment for a term not exceeding ten years or both. (12) Any person who fails to comply with any term or condition as may be imposed by the Commission under subsection (9) shall be guilty of an offence.