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Q&A on Issuance of Preference Shares by Malaysia Company

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Q: What is company shares?
A: Company shares are a type of security that indicates a shareholder’s ownership stake in a company. The two primary types of shares issued to shareholders are ordinary shares and preference shares.

Q: Under what circumstances preference shares can be issued?
A: The Constitution must permit the issuance of preference shares and clearly outline the rights and conditions associated with them, including issuance, conversion and redemption.

Q: Is preference shares convertible?
A: Preference shares can be issued with the right to convert them into ordinary shares at a specified time and rate in the future.

Q: What are the advantages of issuing preference shares for the Company?
A:
  1. Fixed dividend returns
  2. The preference share capital is excluded from the calculations for a company's eligibility for the SME preferential tax rate, providing tax structure flexibility.
  3. Expands the capital market.
  4. The company can raise funds without impacting or diluting the voting rights of existing ordinary shareholders, thereby maintaining their control over the company.
  5. Unlike bank loans that require interest payments, dividends are only paid from profits.
  6. Failure to pay dividends does not result in a charge on the company’s assets of the company, unlike bank loans.

Q: What are limitations of preference shares?
A: Preference shareholders are often not granted voting rights, except in matters that directly affect them, as specified in the Company’s Constitution.

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