Civil Penalty Enforcement Action For Insider Trading
Singapore, 5 October 2006... The Monetary Authority of Singapore (MAS) has taken civil penalty enforcement action against Mr. Anthony Yeo Beng Kiat, the former Chief Financial Officer of AEM-Evertech Holdings Limited (AEM-Evertech), for contravening the insider trading provisions under section 218(2)(a) of the Securities and Futures Act (SFA).
2. AEM-Evertech, a company listed on the Mainboard of the Singapore Exchange Securities Trading Ltd, announced on 29 February 2004 that its net profit for the second half of the year ended 31 December 2003 had fallen because of lower gross margin and higher foreign exchange losses of S$1million
(the 2003 Financial Results). After the announcement, AEM-Evertech's share price closed at $0.305, a 20% decrease over the preceding day's closing price of $0.380.
3. On 5 February 2004, Mr. Yeo sold a total of 300,000 AEM-Evertech shares while he was in possession of non-public price sensitive information concerning the 2003 Financial Results obtained by virtue of his position in AEMEvertech. As a result of the sale, Mr. Yeo avoided a loss totaling about S$34,500.
4. Mr. Yeo has admitted to civil penalty liability for contravening section 218(2)(a) of the SFA and will pay a civil penalty of S$86,000 to MAS without court action. Mr. Yeo cooperated with MAS in the course of the investigations.
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Notes to Editor:
(A) Insider Trading under section 218(2)(a) of the SFA
Section 218(2)(a) of the SFA prohibits a person who is in possession of material price sensitive information concerning a corporation (to which he is connected), which he knows is material price sensitive and not generally available, from subscribing for, purchasing, selling, or entering into an agreement to subscribe for, purchase or sell those securities of that
corporation.
(B) Connected Person
Section 218(5) of the SFA provides that a person is connected to a corporation if - (a) he is an officer of that corporation or of a related corporation; (b) he is a substantial shareholder in that corporation or in a related corporation; or (c) he occupies a position that may reasonably be expected to give him access to information of a kind to which this section applies by virtue of - (i) any professional or business relationship existing between himself (or his employer or a corporation of which he is an officer) and that corporation or a related corporation; or (ii) being an officer of a substantial shareholder in that corporation or in a related corporation.
Section 218(6) of the SFA provides that for the purposes of Section 218(5), an officer in relation to a corporation includes (a) a director, secretary or employee of the corporation; (b) a receiver, or receiver and manager, of property of the corporation; (c) a judicial manager of the corporation; (d) a liquidator of the corporation; and (e) a trustee or other person administering a compromise or arrangement made between the corporation and another person.
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