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119

FRONTKEN CORPORATION BERHAD

(651020-T)

ANNUAL REPORT

2015

28.

COMMITMENTS

(i)

Operating lease commitments

The Group

2015

2014

RM

RM

Non-cancellable future minimum lease payments

Not later than one year

1,803,479

1,746,287

Between one year and five years

3,576,318

3,709,383

Later than five years

12,389,716

10,939,395

17,769,513

16,395,065

The Group has various operating lease agreements for equipment, offices and other facilities. Most leases contain

renewable options. Lease terms do not contain restrictions on the Group’s activities concerning dividends,

additional debt or further leasing.

(ii) Capital commitments

As of 31 December 2015, the Group has the following capital commitments:

The Group

2015

2014

RM

RM

Approved and contracted for:

Plant and equipment

5,089,260

836,585

29.

SIGNIFICANT EVENTS DURING THE FINANCIAL YEAR

(i)

Following the resignation of a senior management personnel of Frontken Malaysia Sdn Bhd (“FM”), a wholly-

owned subsidiary of the Company, in 2012 the Board of Directors of the Company (the “Board”) was made aware

that there may be some irregular dealings between FM and its suppliers.

On 1 October 2012, Messrs Crowe Horwath was appointed to carry out a special investigative audit. Messrs

Crowe Horwath issued a report on 18 February 2013 followed by an Expanded and Revised Investigative Audit

Report on 3 June 2013.

The Company had on 11 June 2013 lodged a police report at the Police Headquarters, Commercial Crime

Investigation Department at Bukit Aman on the alleged financial irregularities.

A civil suit had also been lodged against an ex-senior management personnel and 5 others (“collectively known as

Defendants”) in the High Court of Penang for inter alia recovery of monies identified to have been wrongfully paid

out by FM to some of the Defendants in view of the findings of the Investigative Audit conducted by Messrs Crowe

Horwarth.

An ex-parte Mareva Injunction Order was subsequently obtained by FM against one of the Defendants on 2 August

2013. This was followed by an ex-parte Ad Interim order dated 16 August 2013. In essence, the purpose of the

ex-parte Orders was to freeze his assets. FM’s Mareva application against the one of the Defendant was allowed

by consent on 18 March 2014. The main civil suit has been fixed for case management on 21 July 2015. The trial

date fixed on 16 to 18 November 2015 have been taken off and new trial dates have been fixed on 18 to 20 April

2016.

In respect of the main civil suit, some of the Defendants filed Defences and Counterclaims against FM and some

of its existing senior management. The aforesaid counterclaims are being resisted by FM as well as its senior

management.

The Board has lodged a second police report on one of the Defendants for fraudulently and/or unlawfully altering

the email details in the Defendant affidavits for attempting to mislead the Court and pervert the course of justice.

NOTES TO THE FINANCIAL STATEMENTS

(cont’d)