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SC Guidelines On Digital Assets

The Securities Commission Malaysia (SC) has published the guidelines on digital assets outlining the framework for fundraising through digital token offerings in Malaysia.

As stated in the SC’s earlier consultation paper on the “Proposed Regulatory Framework for the Issuance of Digital Assets Through Initial Coin Offerings”, an Initial Coin Offering allows a company with an innovative business proposal to raise capital before it is able to do so through venture capitalists or lenders. It also allows the company to raise funds without selling their equity or taking out a debt while developing their innovative ideas.

“Digital tokens offering can provide another alternative fundraising avenue for early-stage entrepreneurs. This initiative supports Malaysia’s Shared Prosperity Vision 2030 (SPV2030) by supporting the growth of SMEs and micro businesses which are targeted to contribute 50% to Malaysia’s GDP. It also aligned with SPV2030’s aspiration to create 30% high technology Malaysian companies,” said Datuk Syed Zaid Albar, Chairman of the SC.

The Guidelines incorporates feedback received by the SC following the issuance of the consultation paper. Based on the responses received, there is overwhelming industry support for the SC’s proposal to leverage the expertise of a platform operator to review applications for issuance of digital tokens for fundraising.

Thus, the Guidelines sets out the requirements for all offerings of digital tokens to be carried out through an initial exchange offering (IEO) platform operator that is registered with the SC. In this regard, the IEO platform operator would be required to carry out the necessary assessment and due diligence to, among others, verify the business of the issuer and the fit and properness of the issuer’s board, as well as understand the features of the digital tokens. During the first phase of the implementation of the Guidelines, the SC will work with the relevant platform operators in assessing eligible issuers.

Prospective issuers must also satisfy governance and capital requirements in order to be eligible to raise funds through an offering of digital tokens. Issuers are required to demonstrate that their proposed project or business provides an innovative solution or a meaningful digital value proposition for Malaysia.

An issuer may raise funds up to a ceiling of RM100 million and tap on investments from retail, sophisticated as well as angel investors, subject to the investment limits provided in the Guidelines. Each issuance must be accompanied by a Whitepaper, which should provide investors with among others, material information on the issuer, the digital token and the utilisation of funds obtained through the issuer’s fund-raising exercise. After the offering has been successfully completed, the SC will conduct post-issuance monitoring of the utilisation of the proceeds.

The Guidelines also sets out the requirements for IEO platform operators and the process to seek authorisation from the SC. It will be brought into force in the second half of 2020 to allow potential issuers, platform operators and investors to familiarise themselves with the requirements in the Guidelines. Members of the public are reminded that until the coming into force of the Guidelines, no person is permitted to offer or issue any digital tokens in Malaysia.

The Guidelines are available at the SC website here.

Retirement Plans for the Self-Employed

A large segment of the working population in Malaysia is self-employed or works in the gig economy, so what are their retirement plans? Drawn by the flexibility to choose which projects to take on, the opportunity to accumulate diverse work experience and the autonomy to set their own working hours, many gravitate towards the entrepreneurial route to pursue their dreams and chart their own paths.

Indeed, out of a total workforce of 15.54 million, according to the latest figures published by the Department of Statistics Malaysia, the World Bank estimates that more than one in four – about four million – are self-employed. From financial planners and small business owners to online merchants and e-hailing drivers, the nature of work among the self-employed is numerous, varied and multi-faceted.

In line with global trends, reports indicate that this is increasingly also the preferred choice of employment among Malaysian millennials and Gen Z – those born in the mid-1990s onwards. As exciting as this development is, Malaysians who are self-employed often neglect something everyone should do the moment they start working: saving for retirement.

Retirement savings for the self-employed

Being a freelancer, independent contractor or technopreneur means you do not get to enjoy the usual perks of salaried employment. Income typically fluctuates from month to month, and there are no pensions or mandatory schemes to provide a financial safety net.

It might be tempting, or even necessary, to channel any excess money towards expanding or covering the cost of business. The risk of saving too little for retirement is high.

This state of affairs is supported by a survey conducted by Private Pension Administrator Malaysia (PPA), the central administrator for Private Retirement Schemes (PRS), where 62.8% of those who are self-employed said they wish they are saving more for retirement. Unless you are expecting to receive a substantial windfall or a generous inheritance, it is important you start taking proactive measures to save for your retirement.

“While you are busy growing your business or juggling several projects simultaneously, don’t make the mistake of not saving for retirement at all,” says PPA Chief Executive Officer Husaini Hussin.

“Create a retirement plan based on your needs, goals and risk appetite and then stick to it by automating your savings.”

Benefits Of PRS For The Self Employed Page 0001

Source: PPA Malaysia

Why consider PRS

Having a retirement plan is vital for a successful self-employed person. It can mean the difference between toiling into your old age and taking leisurely strolls on the beach.

With PRS, a voluntary long-term savings and investment scheme designed to help you save more for retirement, you can contribute at your own pace and within your own financial ability.

“Think of retirement savings in terms of percentages instead of a fixed amount or putting aside only what is left over at the end of the month,” advises Husaini.

“This ensures you don’t overstretch yourself in a lean month and you save a little bit more when business is good.”

To have adequate replacement income to sufficiently sustain your standard of living throughout retirement, PPA’s research suggests setting aside one-third of your income every month. When you save a percentage of your income each month this way, market volatility works in your favour as you gain more units when prices are low.

“It is a great way to save for your retirement over the long term,” Husaini adds.

“The top performing PRS funds have given PRS members good returns since inception up to 31 October 2019.” (See table)

Another aspect of PRS is the Nomination feature, which supersedes all wills. Other than the mandatory scheme, PRS is the only savings scheme in Malaysia with a feature to ensure your loved ones or nominees receive your gift hassle-free in the event of your untimely demise.

Recently, Budget 2020 proposed that PRS Members be allowed to make pre-retirement withdrawals for the purposes of healthcare and housing without any tax penalty. Additionally, zero tax penalty withdrawals for medical expenses incurred by immediate family members are also allowed, in recognition of rising healthcare costs.

“The introduction of 0% tax penalty for pre-retirement withdrawals of PRS from sub-account B, which holds 30% of the savings for purposes of healthcare and housing, reflects the government’s understanding and commitment to help all Malaysians use a portion of their retirement savings for their needs,” Husaini said. “This proposal shall take effect from next year.”

Beyond that, PRS Members who reached the retirement age of 55 or suffer from permanent total disablement, serious disease or mental disability can withdraw the full sum of their PRS savings without any tax penalty.

Smart Investor Funds Performance Table 31 Oct 2019

PRS Online

You can start saving with just a few simple steps by using PRS Online Enrolment, a service developed by PPA to help you save for your retirement in an easy, convenient and secure way. All you need is RM100 for the initial contribution and the minimum amount for subsequent top-ups is as low as RM50.

There are 55 conventional and Shariah PRS funds offered by eight PRS Providers to select from, but if you can’t decide, opt for the age-based default option. It is a unique feature of PRS which will automatically align the suitable asset allocation to your age group.

“The beauty of PRS is the choice and flexibility that PRS members have to enrol or top up into multiple PRS funds anytime and anywhere with just one PRS account,” Husaini says.

“Track your savings and monitor your investments with the myPPA mobile app. You always have the option of optimising your returns by switching PRS funds within the same PRS Provider or transferring your savings to another PRS Provider.”

Furthermore, PRS contributions you make are also eligible for a personal tax relief of up to RM3,000 per year, giving you tax savings which can further boost your retirement savings. You could enjoy zero sales charges or free insurance or takaful with coverage of up to RM100,000 with certain PRS providers.

Do it on your own

Being self-employed can be exciting, scary, and rewarding all at once, but without a mandatory scheme that makes savings and employer contributions compulsory, the onus of building a retirement nest falls squarely on you.

Money starts working for you the moment you set them aside for retirement. Whether you’re an entrepreneur, a photographer or e-hailing driver, take advantage of the flexibility to choose how often and how much to save with PRS.

Do it on your own. Senang jer. Save in PRS.

Digital Fundraising Platforms in Malaysia

In a world where convenience is key, Malaysia’s equity crowdfunding (ECF) and peer-to-peer (P2P) financing industry continues its steady growth and is expected to cement its position as part of the country’s digital fundraising platforms and financial landscape.

Both the online financing platforms collectively raised RM587.05 mil as of September 2019, benefitting close to 1,600 micro-, small- and medium-sized enterprises (MSMEs), according to Securities Commission Malaysia (SC) statistics.

There are now 21 registered recognised market operators (RMOs) in Malaysia – 10 ECF and 11 P2P financing players – whose role is to facilitate fundraising activities for businesses or companies from both retail as well as sophisticated investors via their respective online platforms.

For perspective, ECF is a mechanism that allows a start-up or other smaller enterprises to obtain capital through small equity investments via online portals to publicise and facilitate such offers to crowd investors.

P2P financing, meanwhile, involves a lending and borrowing activity between businesses and investors that are facilitated through online marketplaces, in this case, P2P financing platform operators.

Positive Outlook for ECF

Since its introduction in Malaysia, ECF has become one of the preferred alternative financing options and an enabler for small and medium enterprises (SMEs) to raise funds for their businesses.

In fact, Malaysia is the first country in Asean to have a regulatory framework for ECF. Six ECF RMOs were approved by the SC in 2015, followed by one in 2018 and three more in 2019, each possessing its own unique expertise and reaching out to new groups of investors.

As of September 2019, a total of 70 ECF campaigns raised a total of RM67.7 mil and have supported 69 SMEs, with 75% of the issuers being tech companies.

ECF Summary Source Ata Plus

Source: Ata Plus

Ata Plus co-founders Elain Lockman and Kyri Andreou opine there will be a positive outlook in the upcoming year for ECF as an alternative financing option and also as an enabler to spur the SME industry.

“The overall market outlook, however, is very dependent on external factors such as economic and geopolitical developments as Malaysia’s economy becomes increasingly intertwined with the global economy in events such as the recession in Hong Kong, the ongoing trade war between the US and China, the increasing number of civil unrest in many countries, and also climate change,” they explain.

Lockman and Andreou also note that ECF will probably see an increase in the number of deals as the Malaysia Co-Investment Fund (MyCIF) kicks in, along with growing awareness and understanding of the asset class among both companies and investors.

The government’s additional allocation of RM50 mil – announced during Budget 2020 – to the SC’s My Co-Investment Fund (MyCIF) is expected to help drive greater awareness of both ECF and P2P financing as viable and attractive digital financing options for Malaysian SMEs. This is in addition to the RM50 mil allocated during the previous budget, thus bringing the total fund to RM100 mil.

From the viewpoint of companies raising funds, share Lockman and Andreou, this RM50 mil allotment to match investments in ECF and P2P financing platforms will ease their ‘burden’ to an extent and will encourage more companies to consider ECF as a viable option for fundraising.

More exits expected in 2020

Earlier in October, Ata Plus announced its first exit which came in the form of Skolafund, an impact enterprise that crowdfunds scholarships to university students in need.

Skolafund, which fundraised on Ata Plus in February 2017, was completely acquired by one of Asia’s biggest donation crowdfunding platforms. The deal gives investors in the ECF round a return of 10%.

In the same month, ECF platform pitchIN also saw its first exit after a group of MyCash Online investors accepted a buyout offer for their shares from venture capital (VC) firm 500 Startups. The offer, which gave them 44.2% returns over two years since the ECF deal, was made alongside an investment by 500 Startups into MYCash Online.

MyCash Online is a fintech startup that provides an online marketplace for unbanked migrants to purchase products and services online without the need for a bank account or credit card.

The third “exit” came in the form of a biotech company, Greenlagoon, although it is not really a traditional exit. One of the very first companies that raised funds via ECF with US$191,000 (RM800,000) raised from 24 investors from Crowdplus. asia, it has completed two renewable energy projects with two more in the pipeline.

Ata Plus’s Lockman and Andreou foresee the recent exits would have given investors greater confidence and more possible exits in 2020 are expected. They foresee the coming year may also see the launch of the secondary exchange that can support interim exits for ECF investors which would also motivate investors to invest in this particular asset class.

Setting the tone for 2020

Bikesh Lakhmichand, founder and CEO of 1337 Ventures, a technology accelerator and venture capital firm, concurs with Lockman and Andreou that 2019 has been an exciting year for ECF. Both these major developments (exits being materialised and the announcement made regarding the MyCIF), he believes, will help catalyse the ECF scene and attract more investors.

“Although the number of deals listed and successfully almost doubled in 2019, the total funds raised amount decreased by about 20%. However, we believe that 2019 has been a great year for ECF as we’ve seen the first exits in ECF – not just one, but three!” he points out.

Lakhmichand also believes that the ECF scene has matured significantly since its early days. What’s more, the idea of ECF as a source of alternative funding has gained significant traction. In fact, to some companies, ECF is more preferable compared to traditional financial institutions, he claims.

“The scene is slowly shifting towards becoming a more mature market. Insights from 2019 show that issuers are becoming more realistic with start-ups providing more realistic valuations,” he notes, adding that investors are becoming smarter too, and are becoming more adept at sniffing out bad deals and are investing in deals that make sense to them.

“All in all, we believe that 2019 has been a great year in setting the tone for 2020. 2019 has helped legitimise equity crowdfunding via the first three exits with lucrative returns and the government’s MyCIF initiative.

“Furthermore, through the new issuers each with its own forte and focus, we believe that the ECF scene is set to grow exponentially in 2020,” Lakhmichand adds.

More players entering industry

On the P2P financing front, Fundaztic director and CEO Kristine Ng expects the industry to grow at an even faster pace as more players enter the industry, targeting different segments of MSMEs and different facilities that are made available to more MSMEs.

“We will see the introduction of insurance premium financing, asset-backed financing as well as more options of invoice financing,” says Ng.

“For Fundaztic, we will continue to focus on the same segments that we have been focusing on for the last two-and-a-half years and these are the micro, small and new businesses.

“Despite the fact that we have helped more than 800 MSMEs obtain funds (we would likely end the year helping more than 1,000 MSMEs), the market is huge, and we are only reaching a small portion of this segment, which makes up 80% of the total MSMEs base in the country,” she adds.

On the RM50 mil allotment announced under Budget 2020, Ng opines that the MyCIF is a helpful boost to the industry and all parties involved. “For MSMEs, through the MyCIF, the likelihood of their hosted Note receiving at least minimal funding goal is higher, and many would enjoy receiving funds faster.”

For instance, since the deployment of the first batch of MyCIF in September, for Fundaztic, the average speed to full funding goal has dropped by two days for the higher-risk Notes that will otherwise only be able to receive minimum funding of 80% or full funding by Day 10. For investors, MyCIF serves as a boost of confidence for the future and strength of the P2P financing industry and that it is a ‘legitimate’ and ‘legalised’ investment vehicle.

“The first six P2P financing platforms were announced during the time when Bank Negara Malaysia (BNM) was clamping down on the illegal money game operators and many were sceptical as to whether P2P is the same,” Ng recalls.

“With the government co-investing with them, investors would have a better peace of mind and we do see an increase in investors since the announcement.”

P2P Financing Summary Source SC 1

Source: SC

As for the platforms, the MyCIF is a timely boost to help spur growth and drive awareness, trust as well as acceptance. “In fact, in the long run, it is forecasted that the funds will be self-replenishing through the interest returns and therefore, enhance access to funding and close the funding gaps – or at least for the viable MSMEs that are hosted by the platforms,” Ng explains.

The only way is up

microLEAP PLT chief executive officer Tunku Danny Nasaifuddin Mudzaffar says the approvals given by the SC for five new P2P operators in May 2019 is a testament to the confidence the regulator has in P2P financing, both as an alternative investment tool and also an alternative financing tool.

“From microfinancing – such as what we do at microLEAP – to asset financing to supply chain financing to insured trade invoice financing and lastly, to insured premium financing, P2P investors have never had such diversified and wide-ranging products for investment such as now,” he discloses.

“The Malaysian P2P financing sector has grown in leaps and bounds. From total aggregate financing of RM37 million in 2017 to RM213 million in 2018 and then to RM587 million in September 2019, this stellar growth will only continue,” foresees Tunku Danny. As to the market outlook for 2020 for the P2P financing sector, there is only one direction for the sector, and that is up, he says.

With further education and awareness, which all P2P operators are carrying out in their own capacity, alongside nationwide roadshows and events organised by the SC, the triple-digit growth the sector is experiencing is expected to continue.

“What I foresee really growing in a big way are Shariah-compliant investment notes. For a country such as Malaysia being a leader in the Islamic capital markets, we can definitely do much better in our disbursement of P2P Islamic financing,” explains Tunku Danny.

“In fact, microLEAP has just been given our Shariah Pronouncement for us to host Islamic investment notes and we hope to be given the green-light by the SC to ‘Go-Live’ with our Islamic product by the end of 2019,” he reveals.

Helping Ordinary People Access Cryptocurrencies

Luno is the latest of the three recognised market operators (RMOs) approved to establish and operate a digital asset exchange or DAX in Malaysia.

With the full approval from the Securities Commission Malaysia (SC), the company is poised to help ordinary people access cryptocurrencies with their local currency, by making it easy to safely buy, sell and learn about Bitcoin and Ethereum.

“We believe that cryptocurrencies are a new technology that holds a lot of promise and hope to be able to upgrade the world to a new and improved financial system,” says Luno Malaysia events & community associate Arif Lee.

Lee says the cryptocurrency sector in Malaysia is still at its early stages, and with regulation coming into the picture, the sector will only further develop as it legitimises the asset class among investors and consumers alike.

“Undoubtedly, regulations will bring clarity and much-needed protection to consumers by ensuring all legitimate cryptocurrency businesses have adequate standards in place to protect investors and their funds,” Lee says.

On what investors can expect from the cryptocurrency sector in 2020, Lee reveals there are some indications the SC will allow Initial Coin Offerings (ICOs) in the country, as they have sought public feedback on a proposed ICO framework in March 2019, which could add a totally new dynamic to the cryptocurrency sector.

“We applaud and support the SC’s efforts because many ICOs have turned out to be scams as they are not structured and those involved focus their efforts on the ‘raising money’ part, rather than use cases, a strong internal team and technological advancements.

“For Luno, we intend to onboard additional coins as we continue to grow. However, any cryptocurrencies that we intend to add will first have to go through the SC’s approval.”

London-based Luno is one of the world’s leading cryptocurrency companies with a team of over 300 technology and finance experts, with more than three million customers operating across 40 countries on three continents.