Section 147. Depositor deemed to be member

(1) A depositor whose name appears in the record of depositors maintained by the central depository in accordance with section 34 of the Securities Industry (Central Depositories) Act 1991 in respect of the securities of a company which have been deposited with the central depository shall be deemed to be a shareholder, debenture holder or option holder of the company, as the case may be, and shall, subject to the provisions of the Securities Industry (Central Depositories) Act 1991 and any regulations made under that Act, be entitled to the number of securities stated in the record of depositors.

(2) Notwithstanding section 101, all rights, benefits, powers and privileges are subject to all liabilities, duties and obligations in respect of, or arising from, such securities, whether conferred or imposed by this Act or the constitution of the company.

(3) Nothing in this Subdivision shall be construed as affecting the obligation of the company to keep—

(a) a register of its members under sections 50 and 52;

(b) a register of debenture holders under section 60; and

(c) a register of option holders under section 129,

and to open the registers referred to in paragraphs (a), (b) and (c) for inspection in accordance with this Act except that the company shall not be obliged to enter in such registers the names and particulars of depositors who are deemed to be the shareholders, debenture holders or option holders.

(4) Notwithstanding any other provision of this Act, a depositor shall not be regarded as a member of a company entitled to attend any general meeting and to speak and vote at the general meeting unless his name appears on the record of depositors which is dated not less than three market days before the general meeting.

(5) The record of depositors shall be prima facie evidence of any matters inserted in the record as required or authorized by this Act.

(6) For the purposes of this section, “market day” means any day between Mondays and Fridays which is not a market holiday of the stock exchange or public holiday.

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