Mr. CO- Always that Umbrella Section on Miscellaneous

Part XII is a catch all, an umbrella .It has 3 Rules.

Rule 23, the owrd, 'forms"  refers specifically  to the forms in the Schedule.

Rule 24  plays the Saving clause function.

It states that irrspective of whatever is provided in these rules, any person other than a public offcierappointed as a CO prior to 1st April 1993 may, subject to these rules, continue to exercise their functions as COs until 31st December 1993. Howver, for public officer appointeed as COs prior to 1 April 1993, they cease functioning from 30th June 1993.

The last Rule 25 repealed the Commissioner for Oath Rules 1988.

There is Always Those Penalties, Mr. CO

As there is joy, there is sorrow.
As there is love there is hate.
Similarly, there are rewards and punishments.

So, for COs, infractions has its penalties, too.

Part XI has that subject. Rule 22 states that a CO who fails to comply with Rules 12,12,13,14,15,16,19 and 21 shall be guilty of an offence and shall on conviction, be liable to a fine not exceeding RM1,000 ringgits or to imprisonment for a term not exceeding 6 months or to BOTH.


So, jaga-jaga lah.......

BJFoods To Go Ex-All

On 12 July 2012, Berjaya Foods Berhad (BJF) goes ex-all.


Those of the company's register at 5pm on 16 July will be entitled to these rights.


Let us recapitulate;


On offer:

• Rights issue at 0.65 sen on a basis of 800 shares for every 1000 shares held(4:5)

• Free warrants to subscribe for BJF at 70 sen also on the basis of 800 warrants for every 1000 BJF shares held(4:5)

Let us advice some friends who bought the following numbers of shares.

Friend A: 5,000 shares

Friend B: 2,300 shares

Friend C: 300 shares

Friend D: 200 shares

Friend E: 200 shares

These are real friends but the bought the shares at different prices. We will mention that by and by.

Let us look at Friend A: 

He has a cool 5,000 shares which he bought from 92.5 sen to RM1.03 sen. He paid a gross sum of RM4,795. His average price would be RM0.96 sen per share.


So, how many rights is he entitled to and how much must he cough out?


Since he has 5,000 shares, he is entitled to 4,000 rights and 4,000 free warrants.


So, he has to pay RM650.00 per thousand For 5,000 shares he therefore has to pay RM2,600


Assuming he does not want to part with cash, he can sell the rights clean on the market at whatever going price it can fetch.


Similarly if the free warrants on on sale, he can dispose them as well.


However, if  he is an investor for the long haul with belief that BJF can fetch more when profit making BStarbucks up the ante on the revenue sheet  in the current year as well as the Indonesian operations can start to bring positive returns circa 2013, then he may invest another RM2,600.


He can also hold onto the free warrants which he can dispose of when the price is right or he can convert them. At the current price, he will stand to gain 60  RMsen if the price maintains at RM1.30 per share.


As always, if he holds odd lots, he may apply for excess to make these into a marketable lot. Most companies have this policy.


As Friend A does not have any odd lots, he may apply for excess for his chance to obtain any may be remote.


If he takes up all his his rights, he will have 9,000 BJF shares plus the free warrants.


 Let us move to Friend B.


He has 2,300 shares. 


He bought 300 shares at RM1.03 and paid out RM309. Then he bought another 2,000 recently before it went ex-dividend. He paid RM1.265 for the 2000 shares amounting to cash outlay of RM2,530.


Now, how many rights is he entitled to? Yes, to 1,840 shares at 0.65 sen each. So let us assume he will take up his entitlement. So, he will have to pay RM1,196 for the rights. As he has an odd lot of 40 shares, he can try his luck by buying 60 excess shares. They will likely give it to him. The extra cash to buy excess is not computed here.


At the end of the exercise, he should have 4,200 shares  and 1,840 warrants.


Friend C has 300 shares only. He bought it at RM1.03 as well and paid RM309. So he is entitled to 240 rights issue at 0.65 sen. His outlay will be RM156.00. As he also has an odd lot of 40 shares, he should apply for an excess 60 shares.The extra cash to buy excess is not computed here.


At the end of this exercise, he should have 600 BJF shares and 240 warrants.


Now let us advise Friend D and also Friend E. Both also bought these shares at RM1.03. So they paid out RM206.00 each.


For this exercise, they are entitled to 160 shares each. So they will have to pay RM104 each for their rights issue. As both of them have odd lots of 40 shares, they should buy excess shares at RM26. 


At the end of the day, they will both have 360 shares or 400 shares if they are successful i ntheir excess applications.Also both will have 160 free warrants to sell and to convert.


In total, this is the capital outlay for them


Friend A: RM2,600 nett
Friend B: RM1,196 plus RM39 if he buys the excess shares = RM1,235
Friend C:RM156 plus RM39 if he buys the excess shares = RM195
Friend D:RM104 plus RM26 if he buys the excess shares = RM130
Friend E:RM104 plus RM26 if he buys the excess shares = RM130


As at 11.40 am today (3 July 2012), BJF has touched RM

Mr. CO-Know Your Fees and its Limits!

Allowable Rates of Fees

Rule 21 of Part 10 stipulates what fees can be collected by a CO and the limits too!

Sub-rule 1 states that the fees that can be collected are:

(a) RM4 for taking an original affidavit and RM2 for each exhibit referred to therein and required to be marked.
(b)RM2 for marking any duplicate or photostat copy of the affidavit and RM1 on each copy of exhibit referred to therein.

A proviso: Any affidavit declared by law to be exempted  from stamp duty shall be exempt from any fee when the affidavit is taken by a CO who is a public officer.

Sub-rule 2 states the fees chargeable under Sub-rule 1 shown be in this manner.

(a) fees collected by a a pubic officer who functions as a CO will be collectedly praecipe and shall form part of the Federal Consolidated fund; and
(b)Other COs may keep them for performing their functions

Things to note here about fees:  

Original affidavits at RM4 a piece and RM2 for each attached exhibits.

Photostat and duplicate copies of affidavits at RM2 a piece while copies of exhibits at RM1.

A public officer who works as a CO cannot charge for any documents that is exempted from stamp duties. All teh income of the public officer CO will also go the the Federal Consolidated Fund.

CO-Seal and Identification Number

The subject of Part IX  and Rule 19 and rule 20 is about the seal of the CO and his identification number.
Rule 19 ( Sub-rule 1) stipulated that any person appointed as a CO shall have a seal as prescribed in Form 9 incorporating the CO's identity number and his name.

Sub-rule 1A states that every officer appointed as a CO shall have a seal as prescribed in Form 9A incorporating the CO's identification number,,his name and the name of his department  where he serves currently. The CO's identification number is stated in his letter of appointment.


Rule 20 stated in very clear terms that no oath can be considered officially administered unless the CO's seal has been affixed to the document and the CO has signed it. The proof of oath is administered on documents, deeds or other instruments.

Revocation of Appointment of a CO

Revocation of CO

Every post comes with some power and some obligations. Failure to comply can lead to revocation of  an appointment or you will get the sacked if you are employed.

So, under what circumstances can your appointment as a CO be revoked?

Part VIII, Rule 18  describes the issues of revocation.

Under Sub-rule 18 (1), the Lord President, may in his discretion, revoke any appointment of CO at anytime if the rules are breached or for any other cause.

Sub-rule 2 stipulates that when a CO is charged with a criminal offence or served with bankruptcy proceedings, he must forthwith provide the Lord President with details of such charge or action brought against him. The Lord President may in his discretion suspend the CO pending the outcome of the criminal or bankruptcy proceedings.


Once a CO is convicted of any criminal offence or adjudicated a bankrupt, his appointment is automatically revoked according to Sub-rule 3.

Application For Appointment as a CO-Form 1

This Form as determined by Rule 4 shows the kind of information that is required.

Let us look at it.

APPLICATION FOR APPOINTMENT AS A COMMISSIONER FOR OATHS

To:

The Lord President,
Supreme Court,
Malaysia

I hereby apply for appointment as a Commissioner for Oath in accordance with the Commissioner of Oath Rules 1993 and submit the following:

1 (a) three recent passport-sized photographs;
   (b) one photocopy of I.C.(both sides) and change of address card(if applicable)
   (c) a money order/crossed cheque for RM120(for one year), or RM240(for two years);
   (d) one photocopy (both sides) of Sijil Pelajaran Malaysia or equivalent certificate
   (e) two certificates of good behaviour

2. Particulars of applicant(To be filled by the applicant)

Name:.................................................................
(In Capital Letters)

Identity Card No..................................................

Address of Residence:..........................................

Date of Birth:...........................Place of Birth...................................Citizenship............................

Telephone Number;.(House:............................ Office:...........................

Business Address/Proposed Business Address:

Academic Qualification:...............................................................

Relevant Experience.....................................................................

STATUTORY DECLARATION OF APPLICANT

I, ........................................ do solemnly and sincerely declare that-

(1) The information and particulars contained in my application are true
(2)I have read and I am conversant with the provisions of the Commissioners for Oaths Rules 1993
(3) I have been neither an adjudicated bankrupt nor convicted of any criminal offence in the past ten years nor have I being convicted of any criminal offence for which I am still under sentence or probation.
(4)I am physically and mentally in good health; and
(5)I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1960.

Subscribed and solemnly declared by the  above mentioned..................................................................at.................................in the State of.........................this day of ..............................................of  201.....

Before me,


SEAL                         .............................................................................................................
                                 Signature of Judge of Sessions Court,Magistrate or commissioner for Oaths

---------------------------------------------------------------------------------------------------

Remember that the salient aspects are the 3 photos,a copy of IC, Money Order or cheque for RM120.00, a copy of SPM certificate or equivalent and the two letters to vouch for good character.

CO-Tenure and Reappointment

Reappointment as a CO

Part IV states the tenure and reappointment of a CO.

Rule 7 specifically states a CO is appointed for a period not exceeding 2 years.

Rule 8 stipulates that a solicitor, advocate and any person who is not a public officer shall also hold office for not more than two years.

Rule 9 advises one of how to go about getting a reappointment.

Sub-rule 1 states that an application form need to be submitted for reappointment. The form is as shown in Form 4.

The application has to be made in not less than a month before the expiry of the current appointment according to Sub-rule 2. Any that is received thereafter is deemed rejected.

According to Sub-rule 3, if required by the lord President, the applicant must submit to an interview by any officer of the court authorised to do so by the Lord President.. The officer conducting the interview  must submit his report to the Chief Registrar who will then submit his recommendation to the Lord President.

Rule 10 discusses reappointment.

According to Sub-rule (1) the Lord President , in his discretion, can grant or refuse any application for reappointment as a CO.

In granting an application for a reappointment, according to Sub-rule 2 , the Lord President may use his discretion  to impose such conditions and limitations as he thinks fit.

Commissioner for Oath-Application to Appointment

Personality Testing?

Before one can be appointed to become a CO, one ought to apply for the position.

Rule 4 deals with application while rule 5 on appointment.

Let us look at how one should go about applying to become a CO.

Rule 4(1) states that one has to submit an application for the post using Form 1. The information sought  by the Lord President  is in that form and you are required to fill it out. We will look at the details later on.

Subsequent to that, according to Rule 4(Sub-rule 2),  you will be called for an interview by the Chief Registrar of the Supreme Court or any other officer appointed by the Lord President where they will fix the time and place.

Rule 4(Sub-rule 3) stipulates that except when you are interviewed by the Chief Registrar himself another officer conducting the interview, is required to submit a report to the Chief Registrar who will then make his recommendation to the Lord President.

[Nowadays, you need to take an exam first. If you passed it, then you will be invited for the interview]

Rule 5 Sub-rule 1 highlights the Lord President's discretionary powers to approve an application and appoint a person as a CO.

For a public officer, his appointment will be as in Form 2 and all other cases as in Form 3.

[Sub-rule 2 has been deleted.]

Sub-rule 3 advises an applicant whose application has been rejected to appeal in writing within 14 days for the date of the receipt of the rejection letter. Hr must appeal to the Lord President for reconsideration. The decision of thee Lord President is final.

Rule 6 provides information on the fees that has to be paid by a CO when he is appointed. Other than the serving  government officer,all others must pay RM120.00 annually or RM10.00 per month. RM10.00 is also imposed for periods less than a month. This applies  for a new appointment or even a re-appointment. 


Here, you need to remember  the procedure of application, the interview, the appeal  and then your successful appointment as a CO. Remember now you also need to take a test. It could  either be in subjective or MCQ format. Time is tight so you need to do it right in the shortest allowable time.

The Blame Game-Mr Nobody is Murphy

Mr Nobody is Murphy....

True, I grant you this.

"Mr Nobody" is one nursery rhyme that we learned in Standard 1 or 2 in the past.

Even the kindee could have used it to teach the kids English at an early age then.

The question that needs to be asked is why such a poem is used in Lower Secondary School? Do we need to change our curriculum evaluators or overhaul the panel that approved this poem for study? Or is our level of English this low now?

Be that as it may,putting the students through this poem  must have been one big mockery. It is as good as teaching them Twinkle,Twinkle Little Star or London Bridge is Falling Down. What a laugh!

I wonder what is the real intent of teaching Mr. Nobody to a secondary kid. The only message is that this is a blame game and no one will own up to what they have done. Perhaps it reflects the adult society where no one will to take the blame for something that has gone wrong. They will twist and turn and blame others if  they need a scapegoat.

Anyway, let us look for some  redeeming aspects of this poem, if any.

Firstly, this poem has become too folksy as no one even know who the real poet is.

Secondly, conjuring a funny little man that can be held responsible for all the commissions and omissions is certainly interesting and fun for the kids.

I guess adults do conjure up excuses to their failings such as the lack of experience, skill-sets,office politics, poor language skills, lack of funds, lack of personnel, poor equipment and Murphy's Law for  their low productivity, poor results, fumbles and failure to meet key performance indicators.

So, if ever I want to give a name to Mr. Nobody, it will have to be Mr. Murphy!

Do You Qualify to be a Commissioner for Oaths?

A Semblance of Residual Legal Power

The Commissioners for Oaths (CO) Rules 1993 definitively determine who can be appointed as a CO. Coming into force on April Fool's Day in 1993, it sets the qualifications before one can be appointed to become a CO.

Rule 2 has the following pre-qualifications.

(a) Malaysian citizen
(b)Must have attained 21 years of age but not more than 65 years;
(c)person of good character
(d)fluent in Bahasa Malaysia
(e) physically and mentally fit
(f)not convicted for criminal offences in Malaysia and elsewhere. These include fraud,dishonesty and moral turpitude;and
(g) not adjudicated as a bankrupt

Rule 3  places additional criteria for persons that can be appointed as COs.

Subject to Rule 2,  these will include:

(a) an advocate and a solicitor of the High Court of Malaysia or of the High Court of Borneo who has practised for SEVEN YEARS;


(b) a public officer who is CONFIRMED in his appointment; or

(c) a person who possesses a minimum qualification of SPM or equivalent, and who from his past experience as a public officer or otherwise,is deemed a fit and proper person to be appointed.

There are two provisos. Do take note; for they enable the Lord President to use his discretion to modify the requirement of Rule 2(b) in respect of any applicant and in respect of any person residing in Sabah and Sarawak,to consider his application notwithstanding the provision of Rule 2(d) 

CO-His Powers and Caveats

Powers to Wield

Do take note that there are two categories of persons who can be appointed as COs. The first category are the advocate and solicitor. The second are public officers and other persons.

Under Part 5, Rule 11 stipulates the duties of a advocate and solicitor who is appointed as a a Commissioner of Oath(CO).

He may do all or any of these functions and duties.

(a) receives acknowledgments of married women in all cases where acknowledgments are required by law to be taken before a public officer 


(b)receives acknowledgments of recognizances of bail and bailbonds


(c)administer oaths for:

(i) justification for bail;
(ii)taking any affidavit or affirmation;
(iii)receiving and taking the answer,plea, demurrer,disclaimer,allegation or examination of any part or parties to any action;
(iv)the examination of any witnesses upon any interrogation or de bene esse or in chief or on any other occasion;
(v)swearing executors and administrators; and
(vi)swearing persons in any action,matter of proceeding which is pending or about to be instituted in any courts; and

(d)take and receive any statutory declarations.

There is a caveat, though.

A advocate and solicitor appointed as a CO shall not exercise any of the functions specified in paragraphs (a) and (d) in respect of any person who is involved in any court proceedings represented by such advocate and solicitor or his firm.

Under Rule 12,the public officer or any other person appointed as CO may perform a shorter list of duties.

(a) He can administer oaths for:
(i)the justification for bail,
(ii)taking any affidavit or affirmation
(iii)swearing executors and administrators; and
(iv)swearing persons in any action,matter or proceeding which is about to be instituted in any courts; and

(b)take and receive any statutory declarations.


There is a caveat, though.


A public officer or any other person appointed as a CO shall not exercise any of the functions specified in paragraphs (a) and (b) in respect of any documents prepared by him.


So, take note of the caveats.