26 / 67
Heineken Malaysia Berhad
Company no. 5350-X
Page
11 of 51
10.
Save as permitted under the Applicable Laws of Malaysia, no person
shall be recognised by the Company as holding any share upon any
trust and the Company shall not, even when having notice thereof, be
bound or compelled to recognise any equitable, contingent, future or
partial interest in any share, or any interest in any fractional part of
a share or (except only as by this Constitution otherwise expressly
provided or as required by Applicable Laws of Malaysia) any other
right in respect of any share except an absolute right to the entirety
thereof in the registered holder.
Trusts not to
be recognised
11.
Subject to the Applicable Laws of Malaysia and notwithstanding the
existence of a resolution pursuant to Sections 75(1) and 76(1) of the
Act, the Company must ensure that it shall not issue any shares or
convertible securities if the total number of those shares or
convertible securities, when aggregated with the total number of any
such shares or convertible securities issued during the preceding 12
months, exceeds 10% of the total number of the issued shares of the
Company, except where the shares or convertible securities are
issued with the prior approval of the shareholders in general meeting
of the precise terms and conditions of the issue. In working out the
number of shares or convertible securities that may be issued by the
Company, if the security is a convertible security, each such security
is counted as the maximum number of shares into which it can be
converted or exercised.
Issue of
securities
12.
No person shall exercise any rights of a member until his name shall
have been entered in the Record of Depositors and he shall have paid
all calls and other moneys for the time being due and payable on any
share held by him.
Exercise of
right of
members
13.
If, by the condition of allotment of any share, the whole or part of the
amount or issue price thereof shall be payable on fixed dates every
such amount shall, when due, be paid to the Company by the person
who for the time being and from time to time shall be the registered
holder of the share, or his legal personal representatives.
Instalments
DISPOSAL OF SHARES OF MEMBERS WHOSE WHEREABOUTS UNKNOWN
14.
Where by the exercise of reasonable diligence the Company is unable
to discover the whereabouts of a member for a period of not less than
10 years, the Company may cause an advertisement to be published
in a newspaper circulating in the place shown in the Record of
Depositors as the address of the member stating that the Company
after expiration of 30 days from the date of the advertisement intends
to transfer the shares to the Minister charged with responsibility for
finance.
Transfer of
shares
belonging to
unlocated
members to
the Minister