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MTCC NEWS 2/21

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By Mr. Jason JS Lee

| MEMBER’S CORNER Continued from page 27

reporting provision developments. These developments

include a shift towards mandatory reporting, as

reported by the 2020 edition of Carrots & Sticks that

assesses the regulatory landscape of non-financial

and sustainability reporting. In the Asia Pacific region,

there are now 75 voluntary provisions and 99 mandatory

provisions. This is way ahead of North America

with only 16 voluntary provisions and 31 mandatory

provisions. By 2020, there was a strong surge of

“comply or explain” provisions in Asia.

The majority of reporting provisions target specifically

large and listed companies, whereby many stock

exchanges in the region have established and published

ESG reporting guidelines. Most exchanges in

Asia are now members of the Sustainable Stock

Exchanges (SSE) initiative.

The SSE initiative is a United Nations partnership

programme to provide “a global platform for exploring

how exchanges, in collaboration with investors, companies

(issuers), regulators, policymakers and relevant

international organizations, can enhance performance

on ESG issues and encourage sustainable

investment, including the financing of the UN Sustainable

Development Goals.”

Here are Asian stock exchanges participating in the

SSE initiative, that have both ESG reporting requirements

as a listing rule, and written guidance on ESG

reporting:

1.China: Hong Kong Exchanges and Clearing Limited

• Issuers must publish their ESG reports on an annual

basis and regarding the same period covered in their

annual reports. Reporting requirements can be found

in the related Main Board Listing Rules and the ESG

Reporting Guide, Appendix 27 to the Main Board

Listing Rules.

• Effective on 1 July 2020, the changes to the ESG

Reporting Guide focus on the board’s leadership role

and accountability in ESG and the governance structure

for ESG matters.

• The revised ESG Reporting Guide comprises two

levels of disclosure obligations: (a) mandatory disclosure

requirements; and (b) “comply or explain” provisions.

Issuers must disclose the information required

under the “Mandatory Disclosure Requirements”; and

if the issuer does not report on one or more of the -

“comply or explain” provisions, it must provide considered

reasons in its ESG report.

2. India: Bombay Stock Exchange

• BSE signed Memorandum of Understanding with

GRI for creating awareness amongst companies and

investors regarding ESG Disclosures

•BSE–Carbon Disclosure Project (CDP) initiative.

BSE signed Memorandum of Understanding with

CDP India to jointly carry out activities for creating

awareness about filing sustainability/ESG data with

CDP. CDP India is actively in touch with Top 200

(BSE-200 constituents) companies to encourage

them to report non-financial data. The data received

from CDP will be used for the calculations of S&P

BSE Carbonex.

3. Indonesia: Indonesia Stock Exchange

• Sustainability reporting is required under Indonesia

Financial Services Authority (Otoritas Jasa Keuangan)

rule number 51/POJK.03/2017: Implementation

of Sustainability Finance for Financial Services Institutions,

Issuers and Public Companies.

• All listed companies are required to publish Sustainability

Reporting starting from:

o Banking Corporations (from 2019)

o Listed Companies (from 2020)

4. Malaysia: Bursa Malaysia

• In October 2015, Bursa Malaysia issued amendments

to the Main Market Listing Requirements

(“Main LR”) and ACE Market Listing Requirements

(“ACE LR”) (collectively referred to as the “LR”) relating

to sustainability statements in annual reports

(“Sustainability Amendments”).

• Under the Sustainability Amendments, listed issuers

are required to disclose a narrative statement of the

management of material economic, environmental

and social (“EES”) risks and opportunities (“Sustainability

Statement”) in their annual reports. This

replaces the existing statement on the corporate

social responsibility (“CSR”) activities or practices

required to be disclosed by listed issuers. For the

Main Market listed issuers, they are also required to

include in their Sustainability Statement, the

prescribed information as set out in Practice Note 9 of

the Main LR such as the governance structure, the

scope of the Sustainability Statement and the management

of material EES risks and opportunities

(“material sustainability matters”). The prescribed

disclosure is not applicable to ACE Market listed

corporations given the type and size of the listed

corporations.

•In addition to the above, the LR also encourages all

listed issuers to refer to the Sustainability Reporting

Guide as a best practice when preparing the Sustainability

Statement and in identifying material sustainability

matters.

Continued page 29 28 MTCC NEWS July 2021

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