The current issue that was on the main agenda of the http://persatuanpenggunaislammalaysia.blogspot.com was regarding the misuse of Repossession Order and the violation of the BAFIA act 1989. It was stated that a woman driver made a distress call to PPIM following sudden rogue harassment at the car park by personnel’s representing Ambank. The woman faced not only the hardship of repayment but also the rude and barbaric intervention by so called “repossession personnel’s”. The blog mentioned that the manner was inappropriate and violated the BAFIA act and exposing secret documents of other ROs. I personally felt it was necessary to have excerpts from the act itself as a guide or reading reference. Consumers have to be informed about the importance of the BAFIA act 1989 (Banking and Financial Institutions Act 1989), as our daily lives are affected by banking and financial services. We will cover a few excerpts on the BAFIA, repossession order, and examples of indecent incidences that can no longer be deemed as isolated cases. What is RO or repossession order?
It’s an order that carries validation to repossess a property in this case a car. The institution holds important rights to repossess if there is a breach in contract. “Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment”. This statement is according to standard chartered.
Excerpts of the BAFIA
Banking and Financial Institutions Act 1989 (BAFIA)
LAWS OF MALAYSIA
Act 372
Banking and Financial Institutions Act 1989
| Date of Royal Assent | 23-Aug-1989 |
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| Date of publication in the Gazette | 24-Aug-1989 |
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| An Act to provide new laws for the licensing and regulation of institutions carrying on banking, finance company, merchant banking, discount house and money-broking businesses, for the regulation of institutions carrying on certain other financial businesses, and for matters incidental thereto or connected therewith. |
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| [1st October 1989 (except in respect of scheduled institutions);
1st January 1990 (in respect of scheduled institutions).] | PU(B) 490/1989 |
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| ARRANGEMENT OF SECTIONS |
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| PART I PRELIMINARY |
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1. | Short title and commencement. |
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2. | Interpretation. |
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3. | Functions, powers, and duties of Bank. |
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| PART II LICENSING OF BANKING, FINANCE COMPANY, MERCHANT BANKING, DISCOUNT HOUSE AND MONEY-BROKING BUSINESSES |
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4. | Banking, finance company, merchant banking, discount house, and money-broking businesses to be carried on only under license. |
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5. | Submission of application for license to the Bank. |
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6. | Grant or refusal of application by Minister. |
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7. | Revocation of license. |
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8. | Imposition of restrictions in lieu of revocation of license. |
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9. | Power to impose new conditions and to vary or revoke conditions imposed on license under section 6 (4) or this section. |
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10. | Notice of revocation of license, imposition of restrictions, or variation or revocation of conditions, or imposition of new conditions. |
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11. | Mandatory revocation of license and restriction of license in cases of emergency. |
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12. | Surrender of license. |
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13. | Prohibition on carrying on of licensed business upon revocation, expiry of duration or surrender of license. |
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14. | Requirements for grant and continuance of license. |
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15. | Restriction on use of word “bank”, etc. |
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16. | Names to be affixed outside office. |
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17. | Amendment or alteration of constituent documents of licensed institution. |
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18. | Publication of list of licensed institutions. |
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| PART III SCHEDULED BUSINESSES AND REPRESENTATIVE OFFICES |
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19. | Requirements for commencing or carrying on scheduled business. |
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20. | Requirements for setting up or maintaining a representative office. |
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21. | Submission of documents, statements, etc. |
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22. | Amendment or alteration of constituent documents of scheduled or foreign institution. |
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23. | Restriction on use of words “building credit”, etc. |
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24. | Regulation of scheduled institutions and representative offices under Parts V, VI, VII, VIII, IX, X and XIII. |
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| PART IV RESTRICTIONS RELATING TO ACCEPTANCE AND SOLICITATION OF, ADVERTISEMENT FOR, AND INDUCEMENT TO MAKE, DEPOSITS |
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25. | Receiving, taking or acceptance of deposits prohibited except under and in accordance with a valid license granted under section 6 (4). |
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26. | Unsolicited calls. |
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27. | Advertisements for deposits. |
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28. | Fraudulent inducement in relation to deposits. |
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| PART V SUBSIDIARIES AND OFFICES OF LICENSED INSTITUTIONS |
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29. | Control of establishment or acquisition of subsidiaries. |
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30. | Restriction on establishment of offices of licensed institutions. |
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31. | Establishment of correspondent banking relationship. |
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| PART VI RESTRICTIONS ON DEALINGS OF LICENSED INSTITUTIONS |
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32. | Restriction on carrying on of trade by licensed institution. |
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33. | Restriction on trading by licensed finance company, etc. |
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34. | Deposits to be subject to specified minimum or maximum period, minimum, or maximum amount, and other specified terms and conditions. |
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35. | Control of advertisements issued by licensed institutions. |
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| PART VII FINANCIAL REQUIREMENTS AND DUTIES OF LICENSED INSTITUTIONS |
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36. | Maintenance of reserve fund. |
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37. | Maintenance of capital funds. |
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38. | Maintenance of liquid assets. |
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39. | Maintenance of assets in Malaysia. |
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40. | Appointment and duties of auditor. |
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41. | Financial statements to be submitted to Bank. |
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42. | Publication and exhibition of audited balance sheet, etc. |
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43. | Statistics and information to be submitted. |
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44. | License fees. |
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| PART VIII OWNERSHIP, CONTROL AND MANAGEMENT OF LICENSED INSTITUTIONS |
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45. | Acquisition or disposal of aggregate of five per centum holding. |
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46. | Maximum permissible holdings. |
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47. | Prohibited holdings by licensed institution. |
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48. | Saving in respect of acquisitions, disposals, and holdings before effective date. |
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49. | Sanction required for reconstruction, etc. of licensed institutions. |
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50. | Application to High Court to facilitate agreement or arrangement for transfer of whole or part of business of licensed institution being given effect to. |
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51. | Licensed institution to report acquisition or disposal of aggregate of five per centum holding to Bank. |
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52. | Credit facilities on security of licensed institution’s property to be reported to Bank. |
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53. | Defense relating to contravention of provisions of this Part. |
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54. | Prohibitions and restrictions in the event of contravention. |
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55. | Bank’s consent required to be director of licensed institution. |
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56. | Disqualifications of director or officer of licensed institution. |
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57. | Appointment of chief executive. |
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| PART IX RESTRICTIONS ON BUSINESS OF LICENSED INSTITUTIONS |
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58. | Restrictions on payments of dividends. |
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59. | Advance against security of own shares or shares of holding company. |
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60. | Grant of secured and unsecured credit facilities. |
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61. | Restriction of credit to single customer. |
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62. | Prohibition of credit facilities to director and officer. |
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63. | Restriction on giving of credit facilities. |
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64. | Disclosure of interest by director. |
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65. | Control of credit limit. |
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66. | Restrictions on investments. |
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67. | Limitations, terms, and conditions in respect of giving of credit facility, including credit facility for the purpose of financing the acquisitions of shares or immovable property. |
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68. | Proof of compliance. |
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| PART X POWERS OF SUPERVISION AND CONTROL OVER LICENSED INSTITUTIONS |
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69. | Examination of licensed institution. |
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70. | Power of Minister to direct investigation to be made. |
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71. | Production of licensed institution’s books, etc. |
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72. | Licensed institution unable to meet obligations to inform Bank. |
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73. | Action by Bank in respect of licensed institution in certain circumstances. |
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74. | Provisions in relation to appointment under section 73. |
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75. | Provisions in relation to removal from office under section 73 (1) (C) or (D) (i). |
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76. | Provisions relating to assumption of control under section 73 (2) (a). |
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77. | Power to reduce share capital and to cancel shares of licensed institution which is subject to an order under section 73 (2) (a). |
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78. | Loans to licensed institution and acquisition of its shares. |
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79. | Extension of jurisdiction under this Part to related corporations of licensed institution and to director-controlled institutions. |
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80. | Moratorium. |
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81. | Priority of payments in the event of insolvency of licensed institution. |
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| PART XI INVESTIGATION, SEARCH AND SEIZURE |
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82. | Appointment of investigating officers, their powers, functions, and duties. |
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83. | Powers of entry, search, and seizure. |
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84. | Search of person. |
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85. | Obstruction to exercise of powers by an investigating officer. |
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86. | Requirement to provide translation. |
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87. | Power to examine persons. |
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88. | Specific persons in respect of whom powers of investigation may be exercised. |
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89. | Assistance to police or other public officer. |
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90. | Investigator deemed to be public servant and public officer. |
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| PART XII APPLICATION OF PARTS X AND XI TO NON-SCHEDULED INSTITUTIONS ENGAGED IN PROVISION OF FINANCE |
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91. | Report to Minister in respect of non-scheduled institution. |
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92. | Powers of Minister in relation to report under section 91. |
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93. | Minister’s power to apply provisions of Part X to non-scheduled institutions. |
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94. | Power of Minister to revoke license, etc. of non-scheduled institution. |
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95. | Provisions of this Part to prevail. |
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| PART XIII INFORMATION AND SECRECY |
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96. | Restriction on inquiring specifically into affairs of particular customer. |
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97. | Secrecy. |
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98. | Disclosure for facilitating performance of functions by Bank. |
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98A. | Disclosure for facilitating performance of functions by Malaysia Deposit Insurance Corporation. |
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99. | Other permitted disclosures. |
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100. | Disclosure under Banker’s Books (Evidence) Act 1949. |
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101. | Examination by relevant overseas supervisory authority. |
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102. | Disclosure by Bank of information to relevant overseas supervisory authority. |
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| PART XIV OFFENCES |
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103. | Scheduled offences and penalties for them. |
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104. | General penalty. |
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105. | Offences in relation to entries in books, documents, etc. |
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106. | Offences by institution and by servants and agents. |
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107. | Joinder of offences. |
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108. | Power of Governor to compound offences. |
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109. | Power of officer of Bank to prosecute offences under Act with consent of Public Prosecutor. |
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110. | Offences to be seizable offences. |
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111. | Duty of investigating officer to make over arrested person to police. |
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112. | Attempts, preparations, abetments, and conspiracies punishable as offences. |
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| PART XV GENERAL PROVISIONS |
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113. | Submission to Bank of information required by it. |
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114. | Indemnity. |
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115. | Prohibition on receipt of gifts, commissions, etc. |
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116. | Regulations. |
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117. | Decision of Minister to be final. |
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118. | Exemptions. |
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119. | (Deleted). |
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120. | Declaration of holidays. |
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121. | Compensation. |
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122. | Application of Companies Act 1965. |
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123. | Application of Exchange Control Act 1953. |
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124. | Islamic banking or financial business. |
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125. | Contravention not to affect contract, agreement, or arrangement. |
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126. | Power to issue guidelines, etc. |
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| PART XVI AMENDMENT, REPEAL AND TRANSITIONAL PROVISIONS |
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127. | Retrospective amendment of Finance Companies Act 1969. |
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128. | Repeal of Finance Companies Act 1969 and Banking Act 1973, and savings in respect thereof. |
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129. | Savings in respect of licenses granted under Banking Act 1973 and Finance Companies Act 1969. |
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130. | Modifications to construction of other written laws. |
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131. | Consequential amendments to the Companies Act 1965. |
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First Schedule | —(Section 2 (1), paragraph (D) of the definition of “deposit”) |
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Second Schedule | —(Section 6 (1)) Minimum Criteria |
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Third Schedule | —(Section 2 (1), definition of “scheduled business”.) |
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Fourth Schedule | —(Section 103) Offences and Penalties |
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PART XI
INVESTIGATION, SEARCH AND SEIZURE
Appointment of investigating officers, their powers, functions, and duties. 82. (1) For the purposes of this Part, the Bank may appoint any officer or employee of the Bank or any person appointed under section 3 (3) to be an investigating officer. (2) Subject to subsection (3), an investigating officer appointed under subsection (1) shall have all the powers, functions, and duties conferred on an investigating officer under this Act, and where such investigating officer is not an officer or employee of the Bank, he shall, in relation to such powers, functions and duties— (a) be subject to; and (b) enjoy such rights, privileges, protections, immunities and indemnities as may be specified in, Act 519. The provisions of this Act, the Central Bank of Malaysia Act 1958 or other written law applicable to an officer or employee of the Bank as if he were an officer or employee of the Bank. Act A954. (3) An investigating officer shall be subject to the direction and control of the Governor, or of such other officer of the Bank as may be authorized by the Governor to act on behalf of him, and of any other investigating officer or officers superior to him in rank, and shall exercise his powers, perform his functions, and discharge his duties referred to in subsection (2) in compliance with such directions, instructions, conditions, restrictions or limitations as the Governor, or an officer of the Bank authorized to act on behalf of him, or an investigating officer superior in rank, may specify orally or in writing, either generally, or in any particular case or circumstance. (4) The Governor, or any officer of the Bank authorized by the Governor to act on behalf of him, shall have all the powers, functions, and duties of an investigating officer. (5) An investigating officer conducting any examination of any person under this Part shall have the power to administer an oath or affirmation to the person who is being examined. Powers of entry, search, and seizure. 83. (1) Where an investigating officer is satisfied, or has any reason to believe, that any person has committed an offence under this Act, he may, if in his opinion it is reasonably necessary to do so for the purpose of investigating into such offence— (a) enter any premises and there search for, seize and detain any property, book or other document; (b) inspect, make copies of, or take extracts from, any book or other document so seized and detained; (c) take possession of, and remove from the premises, any property, book or other document so seized and detained; (d) search any person who is in, or on, such premises, and for the purpose of such search detain such person and remove him to such place as may be necessary to facilitate such search, and seize and detain any property, book or other document found on such person; (e) break open, examine, and search, any article, container or receptacle; or (f) stop, detain or search any conveyance. (2) An investigating officer may if it is necessary so to do— (a) break open any outer or inner door of such premises and enter there into; (b) forcibly enter such premises and every part thereof; (c) remove by force any obstruction to such entry, search, seizure, detention or removal as he is empowered to effect; or (d) detain all or any persons found on any premises, or in any conveyance, searched under subsection (1) until such premises or conveyance have been searched. (3) A list of all things seized in the course of a search made under this section and of the premises in which they are respectively found shall be prepared by the investigating officer conducting the search and signed by him. Act A954. (4) The occupant of the premises entered under subsection (1), or some person on his behalf shall in every instance be permitted to attend during the search, and a copy of the list prepared and signed under this section shall be delivered to such occupant or person at his request. Act A954. (5) An investigating officer shall, unless otherwise ordered by any court— Act A954. (a) on the close of investigations or any proceedings arising there from; or (b) with the prior written consent of any officer of the Bank authorized by the Governor to act on his behalf for this purpose, or of any investigating officer superior to him in rank, at any time before the close of investigations, release any property, book or other document seized, detained or removed by him or any other investigating officer, to such person as he determines to be lawfully entitled to the property, book or other document if he is satisfied that it is not required for the purpose of any prosecution or proceedings under this Act, or for the purpose of any prosecution under any other written law. (6) A record in writing shall be made by the officer effecting any release of any property, book or other document under subsection (5) in respect of such release specifying therein in detail the circumstances of, and the reason for, such release. Act A954. F.M.S. Cap. 6. (7) Where the investigating officer is unable to determine the person who is lawfully entitled to the property, book or other document or where there is more than one claimant to such property, book or other document, the investigating officer shall report the matter to a Magistrate who shall then deal with the property, book or other document as provided for in sections 413(2), (3) and (4), 414, 415 and 416 of the Criminal Procedure Code. Act A954. Search of person. 84. (1) An investigating officer may search any person whom he has reason to believe has on his person any property, book or other document, or other article whatsoever, necessary, in his opinion, for the purpose of investigation into any offence under this Act, and for the purpose of such search may detain such person for such period as may be necessary to have the search carried out, which shall not in any case exceed twenty-four hours without the authorization of a Magistrate, and may remove him in custody to such place as may be necessary to facilitate such search. (2) An investigating officer making a search of a person under subsection (1) may seize, detain, or take possession of any property, book or other document, or article, found upon such person for the purpose of the investigation being carried out by him. (3) No female person shall be searched under this section or under section 83 except by another female. Obstruction to exercise of powers by an investigating officer. 85. No person shall— (a) refuse any investigating officer exercising his powers under section 83 or 84, access to any premises or part thereof, or fail to submit to the search of his person; (b) assault, obstruct, hinder or delay such investigating officer in effecting any entrance which he is entitled to effect; (c) fail to comply with any lawful demands of any investigating officer in the execution of his duties under section 83 or 84; (d) refuse to give to an investigating officer any information which may reasonably be required of him and which he has it in his power to give; (e) fail to produce to, or conceal or attempt to conceal from, an investigating officer, any property, book, other document, or article in relation to which the investigating officer has reasonable grounds for suspecting that an offence has been or is being committed under this Act; (f) rescue or endeavor to rescue any thing which has been duly seized; (g) furnish to an investigating officer as true, information which he knows or has reason to believe to be false; or (h) before or after any seizure, break or otherwise destroy any thing to prevent the seizure thereof, or the securing of the same. Requirement to provide translation. 86. (1) Where an investigating officer finds, seizes, detains, or takes possession of, any book or other document in the exercise of any power under this Part, and such book or other document or any part thereof is in a language other than the national language or the English language, or in any sign or code, the investigating officer may orally or in writing require the person who had the possession, custody or control of such book or other document, to furnish to the investigating officer a translation in the national language of such book or other document within such period as, in the opinion of the investigating officer, would be reasonable having regard to the length of the book or other document, or other circumstances relating to it. (2) No person shall knowingly furnish a translation under subsection (1) which is not an accurate, faithful, and true translation, or knowingly make a translation under that subsection which is not accurate, faithful, and true. (3) Where the person required to furnish a translation under subsection (1) is not the person who is suspected to have committed the offence under investigation, the Bank shall pay to him reasonable fees for the translation. Power to examine persons. 87. (1) Where an investigating officer suspects any person to have committed an offence under this Act, he may, if in his opinion it is reasonably necessary to do so for the purposes of investigation into such offence— (a) order any person orally or in writing to attend before him for the purpose of being examined orally by the investigating officer in relation to any matter which may, in the opinion of the investigating officer, assist in the investigation into the offence; (b) order any person orally or in writing to produce before the investigating officer books, other documents, property, articles, or things which may, in the opinion of the investigating officer, assist in the investigation into the offence; or (c) by written notice require any person to furnish a statement in writing made on oath or affirmation setting out therein all such information which may be required under the notice, being information which, in the opinion of the investigating officer, would be of assistance in the investigation into the offence. (2) A person to whom an order under subsection (1) (a) or (b), or a written notice under subsection (1) (c), has been given shall comply with the terms of such order or written notice, as the case may be, and, in particular— (a) a person to whom an order under subsection (1) (a) has been given shall attend in accordance with the terms of the order to be examined, and shall continue to so attend from day to day as directed by the investigating officer until the examination is completed, and shall during such examination disclose all information which is within his knowledge, or which is available to him, or which is capable of being obtained by him, in respect of the matter in relation to which he is being examined, whether or not any question is put to him with regard thereto, and where any question is put to him he shall answer the same truthfully and to the best of his knowledge and belief, and shall not refuse to answer any question on the ground that it tends to incriminate him or his spouse; (b) a person to whom an order has been given under subsection (1) (b) shall not conceal, hide, destroy, alter, remove from or send out of Malaysia, or deal with, expend, or dispose of, any book, other document, property, article, or thing specified in the order, or alter or deface any entry in any such book or other document, or cause the same to be done, or assist or conspire to do the same; and (c) a person to whom a written notice has been given under subsection (1) (c) shall, in his statement made on oath or affirmation, furnish and disclose truthfully all information required under the notice which is within his knowledge, or which is available to him, or which is capable of being obtained by him, and shall not fail to furnish or disclose the same on the ground that it tends to incriminate him or his spouse. (3) A person to whom an order or a notice is given under subsection (1) shall comply with such notice or order and with the provisions of subsection (2) in relation thereto, notwithstanding the provisions of any written law, whether enacted before or after the commencement of this Act, or of any oath, undertaking or requirement of secrecy, to the contrary, or of any obligation under any contract, agreement or arrangement, whether express or implied, to the contrary. (4) Where any person discloses any information or produces any property, book, other document, article, or thing, pursuant to subsections (1) and (2), neither the first mentioned person, nor any other person on whose behalf or direction or as whose agent or employee, the first mentioned person may be acting, shall, on account of such disclosure or production, be liable to any prosecution for any offence under or by virtue of any law, or to any proceeding or claim in any form or of any description by any person under or by virtue of any agreement or arrangement, or otherwise howsoever. (5) An investigating officer may seize, take possession of and retain for such duration as he deems necessary, any property, book, other document, article or thing produced before him in the course of an investigation under subsection (1), or search the person who is being examined by him under subsection (1) (a), or who is producing anything to him under subsection (1) (b), for ascertaining whether anything relevant to the investigation is concealed, or is otherwise, upon such person. (6) An examination under subsection (1) (a) shall be reduced into writing by the investigating officer and shall be read to and signed by the person being examined, and where such person refuses to sign the record, the investigating officer shall endorse thereon under his hand the fact of such refusal and the reasons therefore, if any, stated by the person examined. Act A954. (7) The record of an examination under subsection (1) (a), or a written statement on oath or affirmation made pursuant to subsection (1) (c), or any property, book, other document, article or thing produced under subsection (1) (b) or otherwise in the course of an examination under subsection (1) (a) or under a written statement on oath or affirmation made pursuant to subsection (1) (c), shall, notwithstanding any written law or rule of law to the contrary, be admissible in evidence in any proceedings in any court— (a) for, or in relation to, an offence under this Act; (b) for, or in relation to, any other matter under this Act; or (c) for, or in relation to, any offence under any other written law, regardless whether such proceedings are against the person who was examined, or who produced the property, book, other document, article or thing, or who made the written statement on oath or affirmation, or against any other person. Specific persons in respect of whom powers of investigation may be exercised. 88. Without prejudice to the generality of other powers of investigation conferred on an investigating officer under this Part, such powers may be exercised by him against— (a) (i) any past or present business associate; (ii) any person who is or was a relative; (iii) any person who has or had made a deposit with, or who is or was a creditor; (iv) any past or present controller; (v) any person who is or was concerned with the control or management, in whole or in part of the affairs; or (vi) any person who has or had an interest in the shares, or otherwise has or had an interest in the property, of the person suspected to have committed an offence under this Act; (b) any business associate or relative of a person referred to in paragraph (a); or (c) any body corporate or unincorporate in which any person referred to in paragraph (a) is a director or officer or, where such body is a corporation, has an interest in the shares of the corporation. Assistance to police or other public officer. 89. The Bank may at its own initiative, or on the request of a public officer— (a) supply to a police officer or any other public officer a copy of any book or other document seized, detained or taken possession of under section 83 or 84, or of any record of examination under section 87 (1) (a), or of any written statement on oath or affirmation made under section 87 (1) (c), or of any book or other document produced under section 87 (1) (b), or otherwise in the course of any examination under section 87 (1) (a), or under any written statement on oath or affirmation made pursuant to section 87 (1) (c), and such police officer or other public officer may make such use of such copy of such record, statement, book or other document as may be necessary or expedient in relation to the exercise of his powers, the performance of his functions, or the discharge of his duties, in respect of any person; or (b) allow a police officer or any other public officer to have access to and inspect any property, book, other document, article or thing which had been produced before, or seized, detained or taken possession of, by an investigating officer under this Part, and such police or other public officer may make such use of any knowledge gained by such access or inspection as may be necessary or expedient in relation to the exercise of his powers, the performance of his functions, or the discharge of his duties, in respect of any person. Investigator deemed to be public servant and public officer.
F.M.S. Cap. 45.
F.M.S. Cap. 6. 90. An investigating officer shall be deemed to be a public servant for the purposes of the Penal Code, and to be a public officer for the purposes of the Criminal Procedure Code or any other written law which the Minister may, on the recommendation of the Bank, prescribe.
PART XIII
INFORMATION AND SECRECY
Restriction on inquiring specifically into affairs of particular customer. 96. Except as provided in section 43 (2), and without prejudice to the powers of inspection, examination, investigation or inquiry conferred on the Bank or on an investigating officer under this Act, nothing in this Act shall— (a) authorize the Minister to direct the Bank; or (b) authorize the Bank, to inquire specifically into the affairs of any individual customer of any licensed institution. Secrecy. 97. (1) No director or officer of any licensed institution or of any external bureau established, or any agent appointed, by the licensed institution to undertake any part of its business, whether during his tenure of office, or during his employment, or thereafter, and no person who for any reason, has by any means access to any record, book, register, correspondence, or other document whatsoever, or material, relating to the affairs or, in particular, the account, of any particular customer of the institution, shall give, produce, divulge, reveal, publish or otherwise disclose, to any person, or make a record for any person, of any information or document whatsoever relating to the affairs or account of such customer. Act A954. (2) This section shall not apply to any information or document which at the time of the disclosure is, or has already been made, lawfully available to the public from any source other than the licensed institution, or to any information which is in the form of a summary or collection of information set out in such manner as does not enable information relating to any particular licensed institution or any particular customer of the licensed institution to be ascertained from it. (3) No person who has any information or document which to his knowledge has been disclosed in contravention of subsection (1) shall in any manner howsoever disclose the same to any other person. Disclosure for facilitating performance of functions by Bank. 98. (1) The provisions of section 97 shall not apply to the disclosure of any information or document— (a) to the Bank, or to any director, officer or employee of the Bank, or to any person appointed by the Bank under section 3 (3), or to the Advisory Panel, where the disclosure is for the purpose of the exercise of powers, the performance of functions or the discharge of duties of the Bank, or of the director, officer or employee of the Bank, or of the person appointed under section 3 (3), or of the Advisory Panel; or (b) to any person rendering professional services to the Bank in relation to any matter of law, accountancy, valuation, or any other matter requiring professional knowledge, where he is authorised in writing by the Bank to obtain the information from the licensed institution for the purpose of his services to the Bank. Disclosure for facilitating performance of functions by Malaysia Deposit Insurance Corporation 98A. The provisions of section 97 shall not apply to the disclosure of any information or document to any director, officer, employee or agent of the Malaysia Deposit Insurance Corporation (hereinafter in this section referred to as “the Corporation”) established under the Malaysia Deposit Insurance Corporation Act 2005 where the disclosure is for the purposes of the exercise of powers, the performance of functions or the discharge of duties of the Corporation or of the directors, officers, employees or agents of the Corporation under that Act. Act A1256. Other permitted disclosures. 99. (1) The provisions of section 97 shall not apply to the disclosure of any information or document— (a) which the customer, or his personal representative, has given permission in writing to disclose; (b) in a case where the customer is declared bankrupt, or, if the customer is a corporation, the corporation is being or has been wound up, in Malaysia or in any country, territory or place outside Malaysia; (c) where the information is required by a party to a bona fide commercial transaction, or to a prospective bona fide commercial transaction, to which the customer is also a party, to assess the creditworthiness of the customer relating to such transaction, provided that the information required is of a general nature and does not enable the details of the customer’s account or affairs to be ascertained; (d) for the purposes of any criminal proceedings or in respect of any civil proceedings— Act A954. (i) between a licensed institution and its customer or his guarantor relating to the customer’s transaction with the institution; or (ii) between the licensed institution and two or more parties making adverse claims to money in a customer’s account where the licensed institution seeks relief by way of interpleader; (e) where the licensed institution has been served a garnishee order attaching monies in the account of the customer; (f) to an external bureau established, or to an agent appointed, by the licensed institution with the prior written consent of the Bank; Act A954. (g) where such disclosure is required or authorised under any other provision of this Act; (h) where such disclosure is authorised under any Federal law to be made to a police officer investigating into any offence under such law and such disclosure to the police officer being, in any case, limited to the accounts and affairs of the person suspected of the offence; or Act A954. (i) Where such disclosure is authorised in writing by the Bank. Act A954. (2) In any civil proceedings under subsection (1) (b) or (d) where any information or document is likely to be disclosed in relation to a customer’s account, such proceedings may, if the court, of its own motion, or on the application of a party to the proceedings, so orders, be held in camera and in such case, the information or document shall be secret as between the court and the parties thereto, and no such party shall disclose such information or document to any other person. (3) Unless the court otherwise orders, no person shall publish the name, address or photograph of any parties to such civil proceedings as are referred to in subsection (2), or any information likely to lead to the identification of the parties thereto, either during the currency of the proceedings or at any time after they have been concluded. Disclosure under Banker’s Books (Evidence) Act 1949.
Act 33. 100. Nothing in this Part shall limit any powers conferred upon the High Court or a judge thereof by the Banker’s Books (Evidence) Act 1949 or to prohibit obedience to an order made under that Act. Examination by relevant overseas supervisory authority. 101. (1) The relevant supervisory authority of a country, territory or place outside Malaysia may, with the approval of the Bank, examine the books, accounts and transactions of— (a) [Deleted] Act A954. (b) a representative office in Malaysia of a foreign institution; (c) a licensed institution which is a subsidiary of a foreign institution; or (d) a licensed institution which is an associate of a foreign institution, established in that country, territory or place. (2) In granting an approval under subsection (1), the Bank may impose such terms, restrictions and conditions as it deems fit. (3) Where the Bank has granted its approval under subsection (1), the provisions of section 97 shall not apply in relation to the examination to be carried out under such approval, to the extent specified in the approval. (4) A copy of the report of an examination under subsection (1) shall, unless otherwise allowed by the Bank, be lodged with the Bank upon the conclusion of such examination. (5) For the purposes of this section and section 102, “relevant supervisory authority” means an authority which exercises functions corresponding to those of the Bank under this Act, or any person exercising such regulatory functions as may be deemed appropriate by the Bank after taking into account the representations made by the person as to the desirability of or the necessity for the examination. Disclosure by Bank of information to relevant overseas supervisory authority. 102. Notwithstanding anything to the contrary contained in this Act, the Bank may upon request by the relevant supervisory authority of a country, territory or place outside Malaysia, provide to it information on matters relating to the affairs of any office, representative office or licensed institution referred to under section 101 (1), or of any office in that country, territory or place of any licensed institution, or information relating to the proposed establishment by any licensed institution of any office in that country, territory or place: Provided that the Bank shall not provide any information relating to the account or affairs of any particular customer of such office, representative office, or institution.
Tiring it may seem but the importance of this act can prevent future misunderstanding and heighten awareness among consumers. Please do take time to refer to this act and know your rights as a consumer. I am sure many would argue back that a loan should be repaid and as a Muslim repaying a debt is very important. Please repay your dues but also keep strong as a human and a consumer we have rights to prevent from harassment and dangerous inflictions.