Central Bank of Malaysia 1

LAWS OF MALAYSIA

Act 701

CENTRAL BANK OF MALAYSIA ACT 2009

Laws of Malaysia ACT 701

2

Date of Royal Assent ... ... 19 August 2009

Date of publication in the
Gazette ... ... ... 3 September 2009

Central Bank of Malaysia

3

LAWS OF MALAYSIA

Act 701

CENTRAL BANK OF MALAYSIA ACT 2009

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

 Section

1. Short title and commencement

 2. Interpretation

PART II

THE BANK, ITS OBJECTS AND FUNCTIONS

3. The Bank established under Central Bank of Malaysia Act 1958

4. Central bank for Malaysia

5. Principal objects and functions of the Bank

PART III

FINANCIAL PROVISIONS

 6. Capital

7. General Reserve Fund

 8. Financial year

9. Requirement to keep accounts and other records

 10. Accounting standards

 11. External audit

12. Statement of assets and liabilities

13. Preparation and publication of financial statements and report

PART IV

GOVERNANCE OF THE BANK

14. Board of Directors

15. Governor and Deputy Governor

4 Laws of Malaysia ACT 701

Section

16. Appointment of director

17. Disqualification of Governor, Deputy Governor and director

18. Vacancies in office of Governor, Deputy Governor or director

19. Meetings of Board

20. Disclosure of interest

 21. Board committees

PART  V

MONETARY FUNCTIONS AND OPERATIONS OF THE BANK

 22. Monetary policy

23. Monetary Policy Committee

24. Publication of monetary policy statement

25. Monetary policy operations

26. Conduct of monetary policy operations

PART VI

FINANCIAL STABILITY FUNCTIONS AND POWERS OF THE BANK

Chapter 1

Powers for promoting financial stability

27. Dual financial system

28. Financial stability powers under the laws

 29. Interpretation

30. Information for purposes of financial stability

31. Order for financial stability

32. Power for averting or reducing risk to financial stability

 33. Due diligence

34. Liquidity assistance under paragraph 32(1)(a) or (b)

35. Additional provisions relating to subparagraph 32(1)(c)(i)

36. Additional provisions relating to subparagraph 32(1)(c)(iii)

37. Financial Stability Executive Committee

38. Powers and functions of the Financial Stability Executive Committee

39. Nature of relief

40. Arrangements with other supervisory authorities

5Central Bank of Malaysia

Section

41. Advice or recommendations on financial stability to supervisory
authorities

 42. Confidentiality

Chapter 2

Money market and foreign exchange market

 43. Rules, guidelines, etc., for money market, etc.

44. The Bank may establish system for funds, debt securities, etc.

Chapter 3

Financial services and other functions

45. Co-operation with financial institutions

 46. Clearing houses and settlement of balances between financial
institutions

 47. Credit bureau

48. Establishment of body corporate, etc.

49. Financing for special purposes

50. Limit on investment and financing

PART VII

ISLAMIC FINANCIAL BUSINESS

Chapter 1

Shariah Advisory Council

51. Establishment of Shariah Advisory Council

52. Functions of Shariah Advisory Council

53. Appointment of members to Shariah Advisory Council

54. Secretariat to Shariah Advisory Council

55. The Bank and Islamic financial institutions to consult Shariah Advisory
Council

 56. Reference to Shariah Advisory Council for ruling from court or
arbitrator

57. Effect of Shariah rulings

58. Shariah Advisory Council ruling prevails

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Chapter 2

Powers of the Bank

Section

59. The Bank to issue circulars, guidelines, etc., on Shariah matters

60. Promotion of Malaysia as an international Islamic financial centre

PART VIII

CURRENCY

61. Unit of currency

62. Right to issue, print or mint currency

 63. Legal tender

64. The Bank may call in currency

65. The Bank may buy and sell ringgit

66. Exchange rate regime for ringgit

PART IX

FOREIGN RESERVES

67. Duty of the Bank to hold and manage foreign reserves

68. Policies and guidelines on foreign reserves

PART  X

RELATIONS WITH GOVERNMENT

69. Banker and financial agent to Government

70. Advice to, and acting generally as agent for, Government

71. Temporary financing to Government

72. Issues of policy

PART XI

OTHER POWERS OF THE BANK

73. Compliance with the Shariah

74. Acquisition of immovable property

75. General powers of the Bank

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Section

76. Business which the Bank may not transact

77. Measures to safeguard monetary and financial stability

78. Record of international accounts

PART XII

INTERNATIONAL MATTERS

 79. International co-operation

80. Membership in international organizations

 81. Participation in Bank for International Settlements and other international
financial institutions

 82. Regulations or directions to discharge Government’s international
obligations under the United Nations Security Council Resolutions

PART XIII

OFFICERS AND EMPLOYEES

83. Officers and employees of the Bank

84. Financing for housing, vehicle, studies and scholarships

85. Remuneration not to be related to profits

PART XIV

GENERAL

86. Preservation of secrecy

 87. Immunity

88. Power to report suspected offence

89. Power to compound

 90. Prosecution

91. Offence by body corporate

92. The Bank may be represented by officer or employee of the Bank in
civil proceedings

93. Fees and charges

94. Power to make regulations

95. Power to issue guidelines, etc.

 96. Exemptions

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Section

97. Power to amend Schedule

98. Power to impose administrative penalty

PART XV

REPEAL, SAVINGS AND TRANSITIONAL

 99. Repeal

100. Savings and transitional

FIRST  SCHEDULE

SECOND  SCHEDULE

THIRD  SCHEDULE

Central Bank of Malaysia

9

LAWS OF MALAYSIA

Act 701

CENTRAL BANK OF MALAYSIA ACT 2009

An Act to provide for the continued existence of the Central Bank
of Malaysia and for the administration, objects, functions and
powers of the Bank, for consequential or incidental matters.

 [ ]

ENACTED by the Parliament of Malaysia as follows:

PART  I

PRELIMINARY

Short title and commencement

1. (1) This Act may be cited as the Central Bank of Malaysia
Act 2009.

(2) This Act comes into operation on a date to be appointed by
the Minister by notification in the Gazette and the Minister may
appoint different dates for the coming into operation of different
parts or different provisions of this Act.

Interpretation

2. (1) In this Act, unless the context otherwise requires—

“Bank” means Bank Negara Malaysia or in English, the “Central
Bank of Malaysia”;

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“Board” means the Board of Directors of the Bank;

“Board Audit Committee” means the Board Audit Committee
established under paragraph 21(1)(b);

“Board Governance Committee” means the Board Governance
Committee established under paragraph 21(1)(a);

“Board Risk Committee” means the Board Risk Committee
established under paragraph 21(1)(c);

“capital instruments” means preference shares, loan stocks,
subordinated term debts or other instruments approved by the
Bank to be eligible as capital;

“constituent document”, in relation to a body corporate or
unincorporate, means any document or instrument, under or by which
the body is constituted, established, incorporated, or its governing
and administrative structure, the scope of its functions, business,
powers or duties are set out, whether contained in one or more
but not limited to the following documents or instruments:

(a) statute;

(b) charter;

(c) memorandum of association;

(d) articles of association;

(e) constitution;

(f) rules or by-laws; and

(g) partnership agreement;

“Deputy Governor” means a Deputy Governor of the Bank;

“derivatives” means financial instruments including an option,
a swap, a futures or forward contract or any other financial
product or any combination of such instruments whose market
price, value, delivery or payment obligations are derived from,
referenced to or based on, but not limited to, underlying securities
or commodities prices, assets, rates (including interest rates or
exchange rates) or indices;

“director” means a director of the Bank appointed under
subsection 16(1), and includes the Governor and the Deputy
Governors;

11 Central Bank of Malaysia

“financial institution” means a person carrying on a financial
business regulated under the laws enforced by the Bank and in
addition includes any—

 (a) person who operates any payment system or issues any
payment instrument; and

(b) person carrying on any other financial business as the
Minister may prescribe;

“financial markets” includes the money market, the foreign
exchange market, the capital market and the derivatives
market;

“Financial Stability Executive Committee” means the Financial
Stability Executive Committee established under section 37;

“financing” means the giving of any advance, loan, credit
or other facility in whatever form or by whatever name called,
including the giving of a guarantee or undertaking of any
surety obligations for another person and where such financing
is extended in accordance with the Shariah shall include, and
may be in the form of, without limitation, any sale or purchase
arrangement, joint venture arrangement, deferred payment sale,
return sharing arrangement or any other financing arrangement
made in accordance with the Shariah;

“foreign currency” means currency notes or coins which are
legal tender in any country, territory or place outside Malaysia
and any reference to foreign currency in this Act includes a
reference to any right to receive foreign currency in respect of
any credit or balance at a bank or any other similar institution
in or outside Malaysia;

“Governor” means the Governor of the Bank;

“international financial institution” means any institution which
is established in or outside Malaysia by more than one country,
central bank or monetary authority in relation to financial or
monetary matters and includes the Asian Development Bank,
the Bank for International Settlements, the International Bank
for Reconstruction and Development, the International Monetary
Fund, the Islamic Development Bank and the Islamic Financial
Services Board;

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“Islamic financial business” means any financial business in
ringgit or other currency which is subject to the laws enforced
by the Bank and consistent with the Shariah;

“Islamic financial institution” means a financial institution
carrying on Islamic financial business;

“Minister” means the Minister charged with the responsibility
for finance;

“Monetary Policy Committee” means the Monetary Policy
Committee established under section 23;

“officer” means any officer of the Bank appointed under
section 83;

“payment systems” means any system or arrangement for the
transfer, clearing or settlement of funds or securities;

“prescribed” means prescribed under the Act from time to time
by order published in the Gazette;

“related corporation”, in relation to a corporation, means a
corporation which is deemed to be related to the first-mentioned
corporation under section 6 of the Companies Act 1965 [Act 125];

“repealed Act” means the Central Bank of Malaysia Act 1958
[Act 519];

“return” includes any form of rental, profit, dividend or benefit,
including any fee or gift, payable or to be given in relation to
financing extended in accordance with the Shariah;

“Shariah Advisory Council” means the Shariah Advisory Council
on Islamic Finance established under section 51;

“specified” means specified under the Act from time to time
in writing;

“supervisory authority” means any authority, body or agency in
or outside Malaysia other than the Bank which is responsible for
the supervision or oversight of any financial institution, financial
market, capital market intermediary or participant or payment
system.

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(2) For the purposes of this Act—

“Board Committees” refers collectively to the committees of
the Board established under section 21;

“financial business” refers collectively to conventional financial
business and Islamic financial business;

“financial system” refers collectively to financial institutions,
capital market intermediaries or participants, financial markets
and payment systems in Malaysia.

(3) For the purposes of this Act—

 (a) a power to prescribe includes the power to make different
provisions in the order, for different persons or different
classes, categories or descriptions of persons; and

(b) a power to specify includes the power to specify differently
for different persons or different classes, categories or
descriptions of persons.

(4) A reference to a financial institution or person includes a
reference to a class, category or description of such institution
or person.

(5) Where under this Act, power is given to the Bank to require
any person, or where any person is required under this Act, to
submit to the Bank any data, information or document—

 (a) the Bank may specify that the data, information or
document shall be submitted, within a period, at such
intervals, in the manner or form as the Bank may set
out in the specification; and

(b) such person shall not submit any data, information or
document—

(i) which he knows, or has reason to believe, to be
false, incomplete, inaccurate or misleading; or

(ii) in respect of which there is a material error or
omission.

14 Laws of Malaysia ACT 701

PART II

THE BANK, ITS OBJECTS AND FUNCTIONS

The Bank established under Central Bank of Malaysia Act
1958

3. (1) Notwithstanding the repeal of the Central Bank of Malaysia
Act 1958 by section 99, the body corporate established under
the repealed Act under the name “Bank Negara Malaysia” or,
in English, “Central Bank of Malaysia” shall continue to be in
existence under and subject to the provisions of this Act.

(2) The Bank is the same body corporate established under
the repealed Act.

(3) The Bank shall continue to have perpetual succession and
a common seal and may sue and be sued in its own name.

(4) The Bank shall have its Head Office in Kuala Lumpur and
may open branches and appoint agents and correspondents in or
outside Malaysia.

(5) The Bank may, by instrument, under its common seal,
appoint a person whether in or outside Malaysia to be its attorney,
and the person so appointed may, subject to the instrument, do
any act or execute any power or function which he is authorized
by the instrument to do or execute.

Central bank for Malaysia

4. The Bank shall be the central bank for Malaysia.

Principal objects and functions of the Bank

5. (1) The principal objects of the Bank shall be to promote
monetary stability and financial stability conducive to the sustainable
growth of the Malaysian economy.

(2) The primary functions of the Bank are as follows:

(a) to formulate and conduct monetary policy in Malaysia;

15 Central Bank of Malaysia

(b) to issue currency in Malaysia;

(c) to regulate and supervise financial institutions which are
subject to the laws enforced by the Bank;

(d) to provide oversight over money and foreign exchange
markets;

(e) to exercise oversight over payment systems;

(f) to promote a sound, progressive and inclusive financial
system;

(g) to hold and manage the foreign reserves of Malaysia;

(h) to promote an exchange rate regime consistent with the
fundamentals of the economy; and

(i) to act as financial adviser, banker and financial agent of
the Government.

(3) The Bank shall have all the powers necessary, incidental
or ancillary to give effect to its objects and carry out its
functions.

(4) The Bank in giving effect to its objects and carrying out
its functions under this Act shall have regard to the national
interest.

PART III

FINANCIAL PROVISIONS

Capital

6. (1) The capital of the Bank shall be one hundred million
ringgit.

 (2) The capital may be increased by such amount as the
Minister may approve from time to time and the Government shall
subscribe and pay the amount of the increase to the Bank.

 (3) The payment of the increase in capital referred to in
subsection (2) may be made by way of transfer from the General
Reserve Fund as the Minister may from time to time approve.

16 Laws of Malaysia ACT 701

General Reserve Fund

7. (1) There shall be a General Reserve Fund which shall include
the amount standing to the credit of the General Reserve Fund
established under section 7 of the repealed Act immediately before
the coming into operation of this Act and such other amounts
as are placed to the credit of the General Reserve Fund under
this Act.

(2) At the end of each financial year, the net profit of the
Bank for that year shall be determined after allowing for the
expenses of operations in giving effect to its objects, carrying
out its functions and conducting its business or affairs, including
contributions to staff welfare, provident and pension funds, grants
or other contributions to such persons as may be provided by this
Act or other written law and after provision has been made for
bad and doubtful debts, diminution in value of assets and other
contingencies as are usually provided for by banks.

(3) The Bank may transfer any amount from the net profit to
any contingency reserve, fluctuation reserve or such other reserve
as the Board deems prudent or necessary.

(4) The net profit of the Bank less any unrealized gains and
after the transfers under subsection (3) shall be dealt with as
follows:

 (a) such amount as the Minister, on the recommendation of
the Board, so determines shall be placed to the credit
of the General Reserve Fund; and

 (b) the remainder shall be paid to the Government:

 Provided that—

(i) in the case of any year at the end of which the General
Reserve Fund is less than the capital of the Bank, the
whole of the net profit shall be credited to the General
Reserve Fund; and

(ii) in the case of any year at the end of which the General
Reserve Fund is not less than the capital of the Bank,
but less than twice the capital of the Bank, not less than
thirty per centum of the net profit shall be credited to
the General Reserve Fund.

17Central Bank of Malaysia

(5) Nothing in this section shall prevent the Bank from
transferring such amounts from the General Reserve Fund to any
contingency reserve, fluctuation reserve or such other reserve as
the Board deems prudent or necessary.

Financial year

8. The financial year of the Bank shall begin on the first day
of January and end on the thirty-first day of December of each
year.

Requirement to keep accounts and other records

9. The Bank shall cause proper accounts and other records to be
kept in respect of its business, affairs and operations and shall,
as soon as practicable, after the end of each financial year, cause
to be prepared financial statements for that financial year.

Accounting standards

10. In preparing its financial statements, the Bank shall comply
with accounting standards to the extent that it is, in the opinion
of the Board, appropriate to do so, having regard to the objects
and functions of the Bank.

External audit

11. The Auditor General shall audit the accounts of the Bank.

Statement of assets and liabilities

12. (1) The Bank shall, immediately after the fifteenth day and
after the last day of each month, prepare and publish a statement
of its assets and liabilities as at the close of business on such
days respectively or, if either of those days is a holiday, then at
the close of business on the last business day preceding those
days.

(2) A copy of the statement made under subsection (1) shall
be submitted to the Minister.

18 Laws of Malaysia ACT 701

Preparation and publication of financial statements and
report

13. (1) The Bank shall within three months from the close of
its financial year—

 (a) submit to the Minister a copy of the financial statements
of the Bank prepared under section 9 and certified by
the Auditor General, and such statements shall then be
published in the Gazette; and

 (b) submit to the Minister a report by the Board on the
working of the Bank throughout the year and such report
shall be published by the Bank.

(2) The financial statements of the Bank and the report referred
to in paragraph (1)(b) shall be laid before the Senate and the
House of Representatives or if the Senate and the House of
Representatives are not then sitting, at the sitting of the following
meeting of the Senate and the House of Representatives.

PART IV

GOVERNANCE OF THE BANK

Board of Directors

14. (1) There shall be a Board of Directors of the Bank.

(2) The Board shall—

 (a) be responsible for the general administration of the affairs
and business of the Bank and the approval of the budget
and operating plan of the Bank;

 (b) have oversight of the management of the Bank and keep
under constant review the performance of the Bank in
giving effect to its objects, carrying out its functions
and the use of the resources of the Bank; and

 (c) be responsible for such other matters as provided under
this Act.

19 Central Bank of Malaysia

(3) The Board shall consist of the following members:

 (a) the Governor;

(b) not more than three Deputy Governors; and

 (c) not less than five but not more than eight directors
appointed under subsection 16(1).

(4) The Board may require the Bank to produce any book
or document and shall have access to any information which is
necessary or relevant for the carrying out of its functions under
this Act.

(5) For the purposes of carrying out its functions under this
Act, the Board may issue by-laws as are necessary and expedient
in relation to the administration, affairs and business of the Bank
or in respect of any other matters as set out in this Act.

Governor and Deputy Governor

15. (1) The Governor shall be appointed by the Yang di-Pertuan
Agong and the Deputy Governors by the Minister.

(2) The Governor and Deputy Governors shall be persons of
impeccable reputation with proven experience and recognized
knowledge in monetary or financial matters.

(3) The Governor and Deputy Governors shall be appointed
on such terms and conditions as provided for in their respective
letters of appointment.

(4) The Governor shall be appointed for a term of five years
and the Deputy Governors shall each be appointed for a term of
three years.

(5) The Governor and Deputy Governors shall be eligible for
reappointment.

 (6) The Governor shall manage the Bank and may, unless
otherwise provided under this Act or any other written law,
exercise all powers and do all acts which may be exercised or
done by the Bank under this Act or such written law.

20 Laws of Malaysia ACT 701

(7) During the absence of the Governor or inability of the
Governor to act due to any cause, the Deputy Governor designated
by the Board, on the recommendation of the Board Governance
Committee, shall manage the Bank and exercise all powers and
do all acts which may be exercised or done by the Governor
under subsection (6).

(8) The Governor and Deputy Governors shall, unless provided
otherwise under this Act, devote the whole of their professional
time to the service of the Bank and while holding office shall
not occupy any other office or employment whether remunerated
or not:

Provided that they may if so appointed with the approval of
the Minister—

(a) become directors, governors or members of a board, by
whatever name called, or of a committee or task force
of any international financial institution or international
organization which the Government or Bank participates
in or is a member of or to which the Government has
adhered or given support or approval;

 (b) become directors of any corporation which is established
by the Bank under this Act or of any corporation in
Malaysia which the Bank has acquired or holds shares
in;

 (c) become members of any committee or commission
referred to in subsection 70(1); or

 (d) become members of any charitable or educational
organisation.

(9) Notwithstanding subsection (8) or any other provision in
this Act, the Governor or Deputy Governors may be appointed
by any written law to exercise such powers, discharge such
duties, and perform such functions under any written law, and to
be conferred with such title of office as may be set out in such
written law.

(10) The Governor and Deputy Governors shall be accountable
to the Board for their acts and decisions.

21 Central Bank of Malaysia

(11) The Governor may resign from office by notice in writing
under his hand addressed to the Yang di-Pertuan Agong and in
the case of a Deputy Governor by notice in writing under his
hand addressed to the Minister.

Appointment of director

16. (1) The directors referred to in paragraph 14(3)(c) shall be
appointed by the Yang di-Pertuan Agong on the advice of the
Minister on such terms and conditions as provided for in their
respective letters of appointment.

(2) Before giving advice on an appointment of a person to the
office of director under subsection (1), the Minister shall have
regard to—

(a) that person’s probity and standing;

(b) that person’s knowledge, skill and experience in banking,
economics or finance; and

(c) the likelihood of any conflict between the interests of
the Bank and any interest which that person has or
represents.

(3) A director shall, at all times, act honestly and in the best
interest of the Bank and use reasonable diligence in the discharge
of the duties of his office.

(4) A director shall not make improper use of any information
acquired or exercise any improper influence by virtue of his
position as a director to gain, directly or indirectly, an advantage
for himself or for any other person.

(5) A director shall not act as representative or delegate on the
Board from any commercial, financial, agricultural, industrial or
other interests with which he may be connected:

Provided that the prohibition shall not extend to any director
holding or for the time being acting in the office of Secretary
General to the Treasury.

 (6) Except as provided in paragraph 17(2)(a), a director appointed
under subsection (1) shall hold office for a term of three years
and shall be eligible for reappointment.

22 Laws of Malaysia ACT 701

 (7) The directors appointed under subsection (1) shall be
paid by the Bank such remuneration and allowances as may be
approved by the Minister.

(8) A director may resign from office by notice in writing
under his hand addressed to the Yang di-Pertuan Agong.

Disqualification of Governor, Deputy Governor and director

17. (1) No person shall be appointed or shall remain as Governor,
Deputy Governor or other director of the Bank if he—

 (a) is or becomes a member of the Senate or House of
Representatives or any Legislative Assembly;

 (b) subject to paragraph (2)(a), is or becomes a public
officer;

 (c) subject to paragraph (2)(b), is or becomes an officer or
a director of any entity under the supervision of the
Bank;

 (d) is convicted of a criminal offence involving dishonesty or
of any criminal offence for which he has been sentenced
to imprisonment;

 (e) is or becomes bankrupt or suspends payment or compounds
with his creditors;

 (f) is or becomes involved in any activity which may interfere
with his independence in discharging his duties; or

 (g) is not a Malaysian citizen.

(2) Notwithstanding subsection (1)—

 (a) a director appointed under subsection 16(1) may be the
person holding the office of Secretary General to the
Treasury, and notwithstanding subsection 16(6) shall
remain a member of the Board for so long as he holds
the office of Secretary General to the Treasury or for
such lesser time as may be provided in his letter of
appointment; and

 (b) a Deputy Governor appointed with the approval of the
Board to the board of any body corporate established
or acquired by the Bank under section 48 shall not be
required to vacate his office as member of the Board.

23 Central Bank of Malaysia

(3) The Yang di-Pertuan Agong may terminate the appointment
of the Governor or any director appointed under subsection 16(1),
and the Minister may terminate the appointment of any Deputy
Governor, if he—

 (a) becomes of unsound mind or incapable of carrying out
his duties;

 (b) is guilty of serious misconduct in relation to his duties;

 (c) is absent, except on leave granted by the Minister in the
case of the Governor, or by the Governor in the case
of all other directors, from all meetings of the Board
held during two consecutive months or during any three
months in any period of twelve months;

 (d) fails to comply with his obligations under section 20;
or

 (e) is disqualified under subsection (1).

Vacancies in office of Governor, Deputy Governor or
director

18. If the office of the Governor or any Deputy Governor or any
other director becomes vacant before the expiry of the term for
which he has been appointed, another person may be appointed
by the Yang di-Pertuan Agong in the case of the Governor or a
director appointed under subsection 16(1), or by the Minister in
the case of a Deputy Governor, for the unexpired period of the
term of office of the person in whose place he is appointed.

Meetings of Board

19. (1) The Governor shall be the chairman of the Board and in
his absence, the directors present shall elect a chairman among
the directors appointed under subsection 16(1) and the person so
elected shall preside and have all the powers of the chairman.

(2) The Board may meet as often as necessary but not less
than once in each month.

(3) The chairman or any other director may, at any time, call
a meeting of the Board.

24 Laws of Malaysia ACT 701

(4) The person calling a meeting shall ensure that—

 (a) each director is given at least three days’ notice of the
meeting; or

 (b) if the meeting is to be convened as a matter of urgency,
the directors agree to waive the requirement under
paragraph (a).

(5) At any meeting of the Board, the quorum shall be five
directors, the majority of whom shall be directors appointed
under subsection 16(1) and decisions shall be adopted by a simple
majority of the votes of the directors present and voting:

Provided that in the case of an equality of votes, the chairman
shall have a casting vote.

(6) The chairman of the Board may authorize a director to use
live video, television links or other appropriate communication or
multimedia facilities to participate in any meeting of the Board
where, prior to the meeting, the director, by notification to the
chairman, has requested for such authorization and the director
shall be treated as being present for the meeting.

(7) A resolution in writing, signed by all of the directors, shall
be as valid and effectual as if it had been passed at a meeting
of the Board duly convened and held and any such resolution
may consist of several documents in like form, each signed by
one or more directors.

Disclosure of interest

20. (1) A director who has any direct or indirect interest in any
dealing or business with the Bank or in the exercise or proposed
exercise by the Bank of a power shall disclose that interest at
the first meeting of the Board at which he is present after the
relevant facts have come to his knowledge.

(2) A disclosure under subsection (1) shall be recorded in the
minutes of the meeting of the Board and, after the disclosure,
the director—

 (a) shall not be present at, or take part in, any deliberation
or decision of the Board with respect to that dealing
or business or the exercise or proposed exercise of the
power; and

25Central Bank of Malaysia

(b) shall be disregarded for the purpose of constituting
a quorum of the Board for any such deliberation or
decision.

(3) No act or proceeding of the Board shall be invalidated on
the ground of the contravention of subsection (1) by a director.

(4) A director who fails to comply with subsection (1) commits
an offence and shall, on conviction, be liable to a fine not
exceeding one million ringgit.

Board committees

21. (1) The Board shall establish the following committees of
the Board:

(a) the Board Governance Committee;

 (b) the Board Audit Committee; and

 (c) the Board Risk Committee.

(2) Each Board Committee shall be responsible for such matters
and shall have such functions as provided under this Act.

(3) The Board Governance Committee shall have the following
functions:

(a) to recommend members of the Monetary Policy Committee,
Assessor Committee and other committees of the Bank
as may be appointed or established by the Bank from
time to time;

 (b) to examine and recommend to the Board the budget and
operating plan of the Bank for approval; and

 (c) to be responsible for such other matters as provided under
this Act.

(4) The functions of the Board Audit Committee shall be to
assist the Board in its oversight of—

 (a) the integrity of the accounts and financial statements of
the Bank;

 (b) the effectiveness of the internal control system of the
Bank;

26 Laws of Malaysia ACT 701

 (c) the performance of the internal audit function of the
Bank; and

(d) the compliance by the Bank with legal and regulatory
requirements.

(5) The functions of the Board Risk Committee shall be to
assist the Board in its oversight of the review and management
of the enterprise risks of the Bank.

 (6) Each Board Committee shall consist of at least three
directors appointed under subsection 16(1).

 (7) Unless the Board determines otherwise, the procedures of each
Board Committee shall be as set out in the First Schedule.

PART  V

MONETARY FUNCTIONS AND OPERATIONS OF THE BANK

Monetary policy

22. (1) In promoting monetary stability, the Bank shall pursue
a monetary policy which serves the interests of the country with
the primary objective of maintaining price stability giving due
regard to the developments in the economy.

(2) The monetary policy of the Bank shall be formulated and
implemented autonomously by the Bank, without any external
influence.

Monetary Policy Committee

23. (1) There shall be a committee of the Bank to be known as the
“Monetary Policy Committee” which shall have the responsibility
for formulating the monetary policy and the policies for the
conduct of monetary policy operations.

 (2) The Monetary Policy Committee shall consist of the
Governor, the Deputy Governors and not less than three but not
more than seven other members.

27Central Bank of Malaysia

(3) Members of the Monetary Policy Committee may be
appointed from amongst directors appointed under subsection 16(1)
or officers and such members shall be appointed by the Board
on the recommendation of the Board Governance Committee.

(4) In addition to subsection (3), the Minister may appoint any
other person as a member of the Monetary Policy Committee on
the recommendation of the Board Governance Committee.

(5) The Board Governance Committee, in recommending any
person to be a member of the Monetary Policy Committee, shall
at all times be satisfied that the person has the expertise and
experience relevant to the responsibility and functions of the
Monetary Policy Committee and be a person of probity, competence
and sound judgment.

(6) The members of the Monetary Policy Committee, other
than the Governor and Deputy Governors, may each be appointed
for a term not exceeding three years and shall be eligible for
reappointment.

 (7) The Governor and Deputy Governors shall remain as
members of the Monetary Policy Committee for so long as the
Governor or Deputy Governors hold office as Governor or Deputy
Governor.

(8) No person shall be appointed as a member of the Monetary
Policy Committee or shall remain as a member if he—

(a) is or becomes a member of the Senate or House of
Representatives or any Legislative Assembly;

(b) is or becomes an officer or a director of any entity under
the supervision of the Bank;

(c) is or becomes a public officer unless otherwise approved
by the Board or in the case of a person appointed under
subsection (4), the Minister;

(d) is convicted of a criminal offence involving dishonesty or
of any criminal offence for which he has been sentenced
to imprisonment;

 (e) is or becomes bankrupt or suspends payment or compounds
with his creditor;

28 Laws of Malaysia ACT 701

(f) is or becomes involved in any activity which may interfere
with his independence in discharging his duties; or

(g) is not a Malaysian citizen.

(9) The Board, or in the case of a person appointed under
subsection (4), the Minister, may remove a member of the Monetary
Policy Committee if—

(a) the Board or the Minister, as the case may be, is satisfied
that he is guilty of serious misconduct in relation to his
duties as a member of the committee;

(b) he becomes of unsound mind or incapable of carrying
out his duties; or

(c) he is disqualified under subsection (8).

(10) The monetary policy of the Bank shall be formulated only at
a duly convened meeting of the Monetary Policy Committee.

(11) The Monetary Policy Committee shall be chaired by
the Governor or in the absence of the Governor, by the Deputy
Governor designated by the Board under subsection 15(7).

(12) The First Schedule shall apply to the Monetary Policy
Committee.

Publication of monetary policy statement

24. Following each meeting of the Monetary Policy Committee,
the Bank shall publish a monetary policy statement on the decision
made at the meeting and the rationale for such decision.

Monetary policy operations

25. (1) In this Part, “monetary policy operations” means any
transaction undertaken by the Bank to manage liquidity in the
financial system.

(2) The Monetary Policy Committee shall establish general
principles, guidelines, and terms and conditions for the monetary
policy operations carried out by the Bank under this Part.

29 Central Bank of Malaysia

Conduct of monetary policy operations

26. (1) The Bank shall conduct monetary policy operations to
implement the decisions of the Monetary Policy Committee.

 (2) For the purpose of conducting monetary policy operations,
the Bank—

 (a) may issue securities in its own name provided that the
total amount of securities issued shall not at any time
exceed the amount of the foreign reserves;

 (b) may purchase, sell and redeem securities issued by the
Bank pursuant to paragraph (a);

 (c) may require a reserve to be held at the Bank by each
financial institution;

(d) shall have the powers set out in section 75, in particular
paragraphs (c), (d), (e), (f), (g), (h), (i) and (l); and

(e) may undertake such other financial transactions involving
currencies, securities, precious metals or other commodities
or financial instruments as approved by the Monetary
Policy Committee.

 (3) The terms and conditions of a requirement under
paragraph (2)(c) may include—

(a) the principles and method for the determination of
reserve;

(b) the penalty which shall not exceed one-tenth of one per
centum of the amount of the deficiency for every day
during which the deficiency continues or other sanctions
for any non-compliance with the requirement;

(c) in the case of—

(i) an Islamic financial institution, the returns which
may be given; or

(ii) any other financial institution, the interest which
may be paid,

by the Bank on the reserve.

30 Laws of Malaysia ACT 701

PART VI

FINANCIAL STABILITY FUNCTIONS AND POWERS
OF THE BANK

Chapter 1

Powers for promoting financial stability

Dual financial system

27. The financial system in Malaysia shall consist of the
conventional financial system and the Islamic financial system.

Financial stability powers under the laws

28. The powers conferred upon the Bank under this Act and the
written laws set out in the Second Schedule are for the purposes
of promoting financial stability.

Interpretation

29. For the purposes of this Chapter, “risk to financial stability”
means a risk which in the opinion of the Bank disrupts, or is
likely to disrupt, the financial intermediation process including
the orderly functioning of the money market and foreign exchange
market, or affects, or is likely to affect, public confidence in the
financial system or the stability of the financial system.

Information for purposes of financial stability

30. (1) In the interest of financial stability, the Bank may request
any supervisory authority or Government agency in Malaysia
overseeing the following persons to submit to the Bank any
information or document relating to the activities, financing,
accounts, transactions, customers’ accounts or any other information
of such persons which the Bank considers necessary for giving
effect to the financial stability object under this Act:

(a) any financial institution;

(b) any participant, intermediary, exchange, depository or
provider of clearing, settlement or other services in the
financial markets;

31 Central Bank of Malaysia

(c) any other person which in the opinion of the Bank may
pose a risk to financial stability; or

(d) any related corporation of a person referred to in paragraph
(a), (b) or (c).

(2) Where any person referred to in paragraph (1)(a), (b), (c)
or (d) is not under the supervision or oversight of any supervisory
authority or Government agency, the Bank shall by order in
writing require such person to submit the information or document
required under subsection (1).

Order for financial stability

31. (1) Where the Bank considers it necessary in the interest
of financial stability, the Bank may issue an order in writing
requiring any person to take such measures as the Bank may
consider necessary or appropriate to avert or reduce any risk to
financial stability.

(2) Before issuing an order under subsection (1), the Bank
shall give the person an opportunity to make representation.

 (3) Notwi ths tanding subsect ion (2) ,  an  order  under
subsection (1) may be issued first and the opportunity to make
representations shall be given immediately after the order has
been issued if any delay would aggravate the risk to financial
stability.

(4) An order issued under subsection (1) may be amended
or modified where the representation is made after the order is
issued.

 (5) Any person who fails to comply with subsection (1)
commits an offence and shall, on conviction, be liable to a fine
not exceeding ten million ringgit or to imprisonment for a term
not exceeding ten years or to both.

Power for averting or reducing risk to financial stability

32. (1) Without prejudice to section 31, the Bank may, for the
purpose of averting or reducing any risk to financial stability—

 (a) provide liquidity assistance to any financial institution;

32 Laws of Malaysia ACT 701

 (b) enter into arrangements with other central banks to
provide liquidity assistance to subsidiaries or branches
outside Malaysia of any financial institution established
in Malaysia; or

(c) in the case of any financial institution which has ceased to
be viable or which the Bank considers likely to become
non-viable—

(i) purchase or subscribe to the shares or other capital
instruments issued by such financial institution;

(ii) provide financing to any other financial institution
or a body corporate established by the Bank under
paragraph 48(1)(d) to purchase the whole or part
of the business, assets, liabilities, shares or other
capital instruments of such financial institution;
or

(iii) subject to subsection 38(2), by order published in
the Gazette, vest in the Bank, a body corporate
established by the Bank under paragraph 48(1)(d),
another financial institution or any other person the
whole or part of the business, assets or liabilities
of, or all or any of the shares or other capital
instruments issued by, such financial institution.

(2) Notwithstanding the definition of “financial institution”
in subsection 2(1), the financial institution for purposes of
paragraph 1(a) shall include any financial institution which is under
the supervision or oversight of any other supervisory authority
or is not under the supervision or oversight of the Bank or any
other supervisory authority.

Due diligence

33. In relation to a financial institution referred to in
paragraph 32(1)(a) or (b) or any of its related corporations, the
Bank may conduct due diligence and examine, take possession
of or make copies or extracts of any books, documents, accounts
and transactions of the financial institution or any of its related
corporations or require such institution or any of its related
corporations to submit any information or document the Bank requires
prior to the tabling of any proposal at a meeting of the Financial

33 Central Bank of Malaysia

Stability Executive Committee under subparagraph 38(1)(a)(ii)
or prior to providing any liquidity assistance or during the period
where any such assistance is being provided.

Liquidity assistance under paragraph 32(1)(a) or (b)

34. Liquidity assistance under paragraph 32(1)(a) or (b) may be
provided by way of—

(a) financing against such form of security as the Bank may
consider sufficient;

 (b) purchase or commitment to purchase assets of the financial
institution;

(c) lending or exchanging assets of the Bank against assets
of the financial institution;

(d) guarantees or indemnities; or

(e) such other arrangements as the Bank may consider
appropriate,

upon such terms and conditions as the Bank thinks fit in the
circumstances.

Additional provisions relating to subparagraph 32(1)(c)(i)

35. (1) The Bank may, as it deems necessary, in exercising its
powers under subparagraph 32(1)(c)(i) in relation to a financial
institution, by order in writing—

(a) remove from office, with effect from such date as may be
specified in the order, any director, officer or employee
of the financial institution;

 (b) vary or terminate the contract of service of any director,
officer or employee of the financial institution as may
be specified in the order; or

(c) appoint any person as a director, officer or employee
of the financial institution subject to such terms and
conditions as the Bank may specify.

34 Laws of Malaysia ACT 701

 (2) Before exercising its powers under subsection (1), the
Bank shall give the director, officer or employee of the financial
institution an opportunity to make representation.

 (3) Th i s  s ec t i on  sha l l  have  fu l l  f o r ce  and  e ff ec t
notwithstanding—

(a) any conflict or inconsistency between this section and
any other provision of this Act;

(b) anything contained in any law including the law by or
under which the financial institution is constituted,
established, incorporated or registered; or

(c) anything contained in the constituent document of the
financial institution or in any contract entered into by or
on behalf of the financial institution or in any contract
affecting the shares or other capital instruments issued
by or otherwise relating to the financial institution.

Additional provisions relating to subparagraph 32(1)(c)(iii)

36. (1) The Third Schedule shall apply in relation to an order
of the Bank under subparagraph 32(1)(c)(iii) and such order shall
be binding on all persons to whom the order is made or who are
affected by the order regardless that such persons had no notice
of any circumstances which led to the making of the order, or
had no opportunity to be heard by, or make any representation
to, the Bank regarding the order.

 (2) Th i s  s ec t i on  sha l l  have  fu l l  f o r ce  and  e ff ec t
notwithstanding—

(a) any conflict or inconsistency between this section and
any other provision of this Act;

 (b) anything contained in any law including the law by or
under which the financial institution is constituted,
established, incorporated or registered; or

(c) anything contained in the constituent document of the
financial institution or in any contract entered into by or
on behalf of the financial institution or in any contract
affecting the shares or other capital instruments issued
by or otherwise relating to the financial institution.

35 Central Bank of Malaysia

(3) Where the Bank makes an order to a financial institution
referred to in subparagraph 32(1)(c)(iii), the Bank shall give notice
of such order by publication in at least two daily newspapers
published in Malaysia, one of which shall be in the national
language.

(4) The notice under subsection (3) shall include the transacted
price of the transfer and the right of any affected person to appeal
under subsection (11) on the transacted price to the Assessor
Committee constituted under subsection (12).

(5) The transacted price referred to in subsection (4) shall be
determined by an independent valuer.

(6) Subject to subsection (14), the transferee and the transferor
shall mutually agree on the person to be appointed by the Bank
as the independent valuer under subsection (5).

(7) Where an agreement under subsection (6) cannot be reached
between the transferee and the transferor within a period the Bank
determines to be reasonable, the appointment of an independent
valuer shall be made by the Minister upon the matter being
referred to him by the Bank and the decision of the Minister
shall be final.

(8) The remuneration of the independent valuer appointed under
subsection (6) or (7) shall be payable out of the transacted price
unless otherwise determined by the Bank.

(9) In determining the transacted price under subsection (5) for
the business, assets, liabilities, shares or other capital instruments
of the transferor, the independent valuer shall—

(a) have regard to matters which the independent valuer
considers relevant including the prevailing market
conditions for sale or disposal of similar business,
assets, liabilities, shares or other capital instruments of
the transferor; and

(b) disregard any benefit derived from any special financial
assistance provided directly or indirectly by the Bank
or the Government to the transferor.

36 Laws of Malaysia ACT 701

(10) Notwithstanding subsection (9), where the transferor is insolvent
and the whole of the business, assets or liabilities of the transferor
are vested under subparagraph 32(1)(c)(iii), a consideration of one
ringgit shall be deemed to be reasonable as the transacted price under
subsection (5).

(11) Any person aggrieved by the transacted price may, within
twenty-one days from the date of publication of the notice under
subsection (3), appeal on the transacted price to the Assessor
Committee constituted under subsection (12) by submitting the
appeal in writing to the Bank.

(12) Where any person appeals under subsection (11), the
Bank shall constitute an Assessor Committee consisting of three
independent persons as members of the Assessor Committee,
drawn from a panel of ten persons appointed by the Minister on
the recommendation of the Board Governance Committee, and
refer the appeal to the Assessor Committee.

(13) The Assessor Committee constituted under subsection (12)
may determine its own procedures.

(14) Where the vesting under subparagraph 32(1)(c)(iii) is
to be in the Bank or a body corporate established by the Bank
under paragraph 48(1)(d), the independent valuer referred to in
subsection (5) shall be appointed by the Minister.

(15) A vesting of the business, assets, liabilities, shares or other
capital instruments of a transferor under subparagraph 32(1)(c)(iii)
shall take effect despite any appeal under subsection (11), or any
decision made by the Assessor Committee.

(16) The Bank may, as it deems necessary, in exercising its
powers under subparagraph 32(1)(c)(iii) in relation to a transferor,
by order in writing—

(a) remove from office, with effect from such date as may be
specified in the order, any director, officer or employee
of the transferor;

(b) vary or terminate the contract of service of any director,
officer or employee of the transferor as may be specified
in the order; or

37 Central Bank of Malaysia

(c) appoint any person as a director, officer or employee of
the transferor subject to such terms and conditions as
the Bank may specify.

(17) Before exercising its powers under subsection (16), the
Bank shall give the director, officer or employee of such transferor
an opportunity to make representation.

(18) For purposes of this section—

“transacted price” means the price at which the whole or part
of the business, assets or liabilities of, or all or any of the shares
or other capital instruments of a financial institution referred to
in subparagraph 32(1)(c)(iii) is vested in the transferee;

“transferee” means the Bank, a body corporate established by
the Bank under paragraph 48(1)(d), a financial institution, or
any other person, as the case may be, in which is vested under
subparagraph 32(1)(c)(iii) the whole or part of the business,
assets or liabilities of, or all or any of the shares or other capital
instruments issued by the financial institution which has ceased
to become viable or which the Bank considers likely to become
non-viable;

“ t rans fe ror”  means  the  f inanc ia l  ins t i tu t ion  under
subparagraph 32(1)(c)(iii) which has ceased to become viable
or which the Bank considers likely to become non-viable, the
shareholders of such financial institution or the holders of the
capital instruments of such financial institution, as the case
may be.

Financial Stability Executive Committee

37. (1) For the purposes of section 38, there shall be a committee
of the Bank to be known as the “Financial Stability Executive
Committee”.

(2) The Financial Stability Executive Committee shall consist
of the Governor, one Deputy Governor and not less than three
but not more than five other members appointed by the Minister
on the recommendation of the Board from amongst directors
appointed under subsection 16(1) or other persons.

38 Laws of Malaysia ACT 701

(3) The Board, in recommending any person to be a member of
the Financial Stability Executive Committee, shall at all times be
satisfied that the person has the expertise and experience relevant
to the responsibility and functions of the Financial Stability
Executive Committee and be a person of probity, competence
and sound judgment.

(4) Except in the case of meetings of the Financial Stability
Executive Committee relating to financial institutions which are
subject to the laws enforced by the Bank, the Secretary General to
the Treasury shall be informed of and be invited to all meetings
of the Financial Stability Executive Committee.

 (5) When the Secretary General to the Treasury or his
representative attends a meeting of the Financial Stability Executive
Committee referred to in subsection (4) he attends as a member
of the Financial Stability Executive Committee.

 (6) Where any proposal made by the Bank under subsection 38(1)
is in respect of a person or financial institution under the
supervision or oversight of another supervisory authority, the head
of that supervisory authority shall be informed and the head of
that supervisory authority or his representative shall be present
at the meeting of the Financial Stability Executive Committee
as a member.

(7) The absence of the Secretary General to the Treasury or his
representative at any meeting of the Financial Stability Executive
Committee or the head of any supervisory authority concerned
or his representative, as the case may be, at any meeting of the
Financial Stability Executive Committee shall not invalidate the
decision made at such meeting of the Committee.

 (8) The Financial Stability Executive Committee shall be
chaired by the Governor or, in the absence of the Governor, by the
Deputy Governor designated by the Board under subsection 15(7).

(9) The Financial Stability Executive Committee shall meet as
required by the Bank and at any meeting of the Financial Stability
Executive Committee the quorum shall be three members, including
the Governor or, in the absence of the Governor, the Deputy
Governor designated by the Board under subsection 15(7).

39 Central Bank of Malaysia

(10) The Financial Stability Executive Committee may determine
its own procedures.

Powers and functions of the Financial Stability Executive
Committee

38. (1) The Bank shall table the following proposals at a meeting
of the Financial Stability Executive Committee:

(a) a proposal in respect of a person or financial institution,
as the case may be, which is under the supervision or
oversight of any other supervisory authority, or is not
under the supervision or oversight of the Bank or any
other supervisory authority—

(i) under subsection 31(1) for an order to be issued to
such person; or

 (ii) under paragraph 32(1)(a) for the provision of liquidity
assistance to such financial institution;

(b) a proposal under paragraph 32(1)(b) to enter into arrangements
in relation to subsidiaries or branches outside Malaysia
of a financial institution established in Malaysia;

 (c) a proposal under subparagraph 32(1)(c)(i) for the purchase
or subscription of shares or other capital instruments of
a financial institution;

(d) a proposal under subparagraph 32(1)(c)(ii) for the provision
of financing for the purchase of business, assets, liabilities,
shares or other capital instruments of another financial
institution; and

(e) a proposal under subparagraph 32(1)(c)(iii) for an order
to vest the business, assets, liabilities, shares or other
capital instruments of a financial institution in the
Bank, a body corporate established by the Bank under
paragraph 48(1)(d), another financial institution or any
other person.

(2) The Financial Stability Executive Committee may decide
to accept any proposal tabled at the meeting of the Committee
under subsection (1), reject the proposal or require the Bank to

40 Laws of Malaysia ACT 701

table another proposal for the consideration of the Committee
and the Bank shall act in accordance with the decision of the
Committee.

Nature of relief

39. (1) In any civil proceedings before any court in relation
to any order issued by the Bank under subsection 31(1) or
subparagraph 32(1)(c)(iii) or any other action, arrangement,
scheme or measures of the Bank in connection with financial
stability related or consequent to any such order or in relation
to any other matter under this Chapter, the court shall, subject to
subsection (2) and the provisions of this Act, have power to make
all such orders as it has power to make in proceedings between
parties, and otherwise to give such appropriate relief as the case
may require.

 (2) In any civil proceedings against the Bank, in relation
to any order issued by the Bank under subsection 31(1) or
subparagraph 32(1)(c)(iii) or any other action, arrangement,
scheme or measures of the Bank in connection with financial
stability related or consequent to any such order or in relation
to any other matter under this Chapter—

(a) if any relief is sought as might in proceedings between
parties be granted by way of injunction or specific
performance, the court shall not grant an injunction or
make an order for specific performance; and

(b) for the recovery of land or other property, the court shall
not make an order for the recovery of the land or the
delivery of the property.

(3) The court shall not in any civil proceedings in relation to any
order issued by the Bank under subsection 31(1) or subparagraph
32(1)(c)(iii) or any other action, arrangement, scheme or measures
of the Bank in connection with financial stability related or
consequent to any such order or in relation to any other matter
under this Chapter grant any injunction or make any order against
an officer of the Bank if the effect of granting the injunction or
making the order would be to give any relief against the Bank
which could not have been obtained in proceedings against the
Bank.

41Central Bank of Malaysia

(4) A n y  o r d e r  i s s u e d  u n d e r  s u b s e c t i o n  3 1 ( 1 )  o r
subparagraph 32(1)(c)(iii) shall have effect in accordance with the
provisions of this Part and, notwithstanding any legal proceedings
instituted pursuant to subsection (2), shall be binding on any
person to whom the order is issued.

Arrangements with other supervisory authorities

40. (1) For the purposes of promoting financial stability, the
Bank may—

(a) enter into arrangements to co-operate with other supervisory
authorities and co-ordinate financial stability measures
with such supervisory authorities; and

(b) obtain any information or document from, or share any
information or document with, any other supervisory
authority if the Bank considers it necessary that such
information or document be so obtained or shared.

(2) Where the Bank shares any information or document under
paragraph (1)(b)—

(a) with any supervisory authority in Malaysia, such information
or document shall not be disclosed to any person except
with the written consent of the Bank; or

(b) with any supervisory authority outside Malaysia, such
supervisory authority shall give an appropriate undertaking
for protecting the confidentiality of such information or
document and the purposes for which the information
or document may be used.

Advice or recommendations on financial stability to supervisory
authorities

41. The Bank may, in the interest of financial stability advise, or
make recommendations to any supervisory authority in Malaysia
on—

 (a) the implications of any written law, policies or measures
proposed by such authority which may affect financial
stability; and

 (b) appropriate measures or safeguards to take for purposes
of promoting financial stability.

42 Laws of Malaysia ACT 701

Confidentiality

42. (1) Except as provided in paragraph 40(1)(b) and section 86,
any information or document submitted by any person under
section 30 shall be confidential as between the person and the
Bank.

(2) Any person who is required to submit any information
or document under section 30 and any supervisory authority in
Malaysia from which information or document is to be obtained by
the Bank under paragraph 40(1)(b) shall provide such information
or document, notwithstanding the provisions of any written law
whether enacted before or after the commencement of this Act or
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.

(3) Any person shall not, in complying with the requirement
to submit any information or document under subsection (2), be
treated as being in breach of any such contract, agreement or
arrangement.

Chapter 2

Money market and foreign exchange market

Rules, guidelines, etc., for money market, etc.

43. (1) The Bank may issue rules, codes, standards, principles or
guidelines for the purposes of regulating, developing, or maintaining
orderly conditions or the integrity of, the money market, the
foreign exchange market or the market for the derivatives related
to the currencies, securities and other financial instruments traded
in these markets.

(2) Without prejudice to the generality of subsection (1), rules,
codes, standards, principles or guidelines may be issued in respect
of the money market, the foreign exchange market or the market
for the derivatives related to the currencies, securities and other
financial instruments traded in these markets—

 (a) to ensure orderly dealings in such markets;

 (b) to impose obligations and duties on participants of such
markets or any system established or operated, including
those pursuant to subsection 44(1); and

43Central Bank of Malaysia

(c) on the issuance or acquisition, holding or disposal of
financial instruments in such markets.

(3) The Bank may, subject to such terms and conditions as
the Bank may impose, appoint a self-regulatory organization
established for the foreign exchange market or the market for the
derivatives related to the currencies, securities and other financial
instruments traded in these markets for the purposes of—

 (a) promoting the regulation, development and maintenance
of orderly conditions or the integrity of such markets;
and

 (b) rendering such assistance as the Bank may specify in the
exercise of its powers under subsection (1) or exercising
such powers on behalf of the Bank.

 (4) The appointment referred to in subsection (3) shall be
published in the Gazette.

(5) The Bank shall enter into arrangements with supervisory
authorities in Malaysia to co-ordinate on the regulation of derivatives
or financial instruments in the money market which are within
the supervision and oversight of the supervisory authorities.

The Bank may establish system for funds, debt securities, etc.

44. (1) The Bank or any body corporate established or acquired
by the Bank under paragraph 48(1)(c) or any person authorized
by the Bank may establish or operate any system, electronic or
otherwise, as may be necessary—

 (a) to facilitate the transferring, clearing and settlement of
funds and debt securities;

 (b) to facilitate the tendering, issuance, borrowing and lending
of debt securities;

 (c) to provide information to any person relating to the money
market or to the tender, issue, trading and offer, or bid
prices of debt securities or any other related information
relating to debt securities;

44 Laws of Malaysia ACT 701

 (d) for the central handling of debt securities deposited with
the Bank by means of entries in debt securities accounts
without physical delivery of certificates;

 (e) for the carrying out of any other activity related to any
of the systems in paragraphs (a) to (d); and

 (f) for the dissemination of information relating to paragraphs
(a) to (e),

in such markets, as the case may be.

(2) The Bank may function as a depository or paying agent
or undertake any other ancillary or incidental function related to
the establishment or operation of any of the systems referred to
in subsection (1).

(3) For purposes of this section, “debt securities” includes—

(a) stock issued under the Loan (Local) Act 1959 [Act 637];

(b) Treasury Bills issued under the Treasury Bills (Local)
Act 1946 [Act 188];

(c) investments under the Government Funding Act 1983
[Act 275];

(d) securities issued by the Bank under paragraph 26(2)(a);

(e) debentures, as defined in the Companies Act 1965,
denominated and payable in ringgit issued by the
Government of any State, any public authority, any
statutory body, any corporation including a private or a
public company, or such other persons who under their
constituent documents may issue such debentures that
are tendered, deposited, cleared or settled through any
system established or operated by the Bank pursuant to
this section; and

(f) such securities or debentures as may be approved by
the Minister on the recommendation of the Board that
are tendered, deposited, cleared or settled through any
system established or operated by the Bank or any
body corporate established or acquired by the Bank
or any person authorized by the Bank pursuant to this
section.

45 Central Bank of Malaysia

Chapter 3

Financial services and other functions

Co-operation with financial institutions

45. The Bank shall use its best endeavours in co-operation with
financial institutions in Malaysia to—

(a) promote and maintain banking and financial services for
the public; and

 (b) foster high standards of banking and finance in
Malaysia.

Clearing houses and settlement of balances between financial
institutions

46. (1) In order to facilitate the clearing of cheques and other
credit or payment instruments for financial institutions or any person
approved by the Bank, the Bank or any body corporate established
or acquired under paragraph 48(1)(c) may, at an appropriate time
and in conjunction with such institutions or person, establish a
clearing house in Kuala Lumpur and in such other place as the
Bank or the body corporate may consider necessary.

(2) A financial institution or any person approved by the Bank
shall settle, in such manner as the Bank or the body corporate
may from time to time specify by notice in writing, all balances
between itself and any other financial institution or any person
approved by the Bank arising out of the general clearances effected
in Kuala Lumpur and such other places as the Bank or a body
corporate established or acquired under paragraph 48(1)(c) may
specify.

Credit bureau

47. (1) The Bank may establish a credit bureau to collect, in such
manner and to such extent as the Bank thinks fit, credit information
(including information on and relating to the rejection of any
cheque by a paying bank by reason of insufficiency of funds in
the account of the drawer of the cheque) or any other information
which the Bank considers relevant in the assessment of the
creditworthiness of the customers of any financial institution.

46 Laws of Malaysia ACT 701

 (2) Notwithstanding section 86, the Bank may disclose, in
such manner and to such extent as the Bank thinks fit, the credit
information to—

(a) any financial institution for the purpose of assisting in
assessing the creditworthiness of its existing and potential
customers or for the purpose of assisting a financial
institution to assess the eligibility of a customer to
maintain or open a current account with the financial
institution being a financial institution authorized by
the Bank to operate a current account, provided that
the information disclosed by the Bank shall be secret
between the Bank and the financial institution unless
the financial institution is requested by a customer to
disclose the information in respect of the customer’s
account;

(b) a customer of a financial institution in respect of his
own account, or as the Bank thinks fit, to a customer
or any person in respect of any account in which such
customer or person has incurred any financial obligation,
for the purpose of verifying the accuracy of the credit
information provided by the financial institution, or for
any other purpose as the Bank thinks fit, provided that
the information disclosed by the Bank to such customer
or person in respect of any account in which such
customer or person has incurred any financial obligation
shall be secret between the Bank and the customer or
person concerned;

(c) any credit reporting agency which is registered under any
law relating to credit reporting agencies, as the Bank
thinks fit, for the purpose of providing credit reporting
or credit assessment services, or for any other purpose
as the Bank thinks fit, provided that the information
disclosed by the Bank shall be secret between the Bank
and the credit reporting agency and provided further
that the consent of the customer shall be obtained
for the disclosure of the information in respect of his
account;

 (d) such other person as the Bank thinks fit, in order to
compile information or data or conduct research for the
purpose of giving effect to the objects and carrying out
the functions of the Bank under this Act, provided that

47 Central Bank of Malaysia

any publication by the Bank or such other person of
the information, data or research shall be consolidated
or aggregated and shall not in any manner lead to the
identification of any customer of a financial institution to
which such information, data or research relate; and

(e) such other person as the Bank considers necessary in respect
of the account of a customer of a financial institution,
for any purpose as the Bank thinks fit, provided that
the customer of the financial institution has given his
or its consent for the disclosure of the information in
respect of his or its account.

(3) No action, suit, prosecution or other proceeding shall lie or
be brought, instituted or maintained in any court or before any
other authority against the Bank on account of or in respect of
any act done or statement made or omitted to be done or made
under this section if the act or statement was done or made or
omitted to be done or made in good faith.

(4) Any director, officer or employee of the Bank, a financial
institution or a credit reporting agency or any person referred to in
paragraph (2)(d) or (e) to whom any credit information has been
disclosed who fails to comply with the conditions provided for in
the same provision commits an offence and shall, on conviction,
be liable to a fine not exceeding one million ringgit.

Establishment of body corporate, etc.

48. (1) Notwithstanding section 76, the Bank may—

 (a) establish a body corporate for the purpose of training,
research and development of human resource in relation
to banking and financial services;

 (b) establish a body corporate for the purposes of providing
financial counselling, debt management services and
education on financial management;

 (c) establish a body corporate or acquire, hold or sell shares
of a body corporate, wholly or partly, to operate payment
systems or issue payment instruments, and undertake any
other ancillary or incidental function or activity, for the
purpose of promoting and developing payment systems
and payment instruments in Malaysia;

48 Laws of Malaysia ACT 701

 (d) establish a body corporate or acquire or hold shares of
a body corporate, wholly or partly, for the purposes of
subparagraph 32(1)(c)(i), (ii) or (iii); and

 (e) with the approval of the Minister on the recommendation
of the Board, and subject to section 50, establish a
body corporate or acquire, hold or sell shares of a body
corporate, wholly or partly, for the purposes of giving
effect to its objects and carrying out its functions under
this Act.

(2) The Bank may—

 (a) grant, donate or provide financing as may be necessary
for the establishment or operations of a body corporate
established under paragraphs (1)(a) and (b) and create
and manage a fund to meet the expenses of such body
corporate;

 (b) provide financing as may be necessary for the establishment
or operations of a body corporate established or acquired
under paragraph (1)(c) or (d); and

(c) subject to section 50, provide financing as may be necessary
for the establishment or operations of a body corporate
established or acquired under paragraph (1)(e).

 (3) The Bank may only provide financing under paragraph (2)(b)
to a body corporate established or acquired under paragraph (1)(c)
which is wholly owned by the Bank.

 (4) The Bank may only provide financing under paragraph (2)(b)
to a body corporate established or acquired under paragraph (1)(d)
which is wholly owned by the Bank or jointly owned by the
Bank and the Government.

(5) The Moneylenders Act 1951 [Act 400] shall not apply to
a body corporate established under paragraph (1)(d).

Financing for special purposes

49. The Bank, with the approval of the Minister on the
recommendation of the Board, may establish funds to provide
financing through financial institutions on such terms and conditions
as the Bank thinks necessary—

(a) in the event of any exigent circumstances or force majeure;
and

49 Central Bank of Malaysia

(b) to any segment of the economy for the purposes of
promoting financial inclusion.

Limit on investment and financing

50. The value of shares held by the Bank under paragraph 48(1)(e)
together with the financing made under paragraph 48(2)(c) and
funds established under section 49 shall not in the aggregate at
any time exceed two times the General Reserve Fund.

PART VII

ISLAMIC FINANCIAL BUSINESS

Chapter 1

Shariah Advisory Council

Establishment of Shariah Advisory Council

51. (1) The Bank may establish a Shariah Advisory Council on
Islamic Finance which shall be the authority for the ascertainment
of Islamic law for the purposes of Islamic financial business.

 (2) The Shariah Advisory Council may determine its own
procedures.

Functions of Shariah Advisory Council

52. (1) The Shariah Advisory Council shall have the following
functions:

(a) to ascertain the Islamic law on any financial matter and
issue a ruling upon reference made to it in accordance
with this Part;

(b) to advise the Bank on any Shariah issue relating to Islamic
financial business, the activities or transactions of the
Bank;

50 Laws of Malaysia ACT 701

 (c) to provide advice to any Islamic financial institution or
any other person as may be provided under any written
law; and

(d) such other functions as may be determined by the
Bank.

(2) For the purposes of this Part, “ruling” means any ruling
made by the Shariah Advisory Council for the ascertainment of
Islamic law for the purposes of Islamic financial business.

Appointment of members to Shariah Advisory Council

53. (1) The Yang di-Pertuan Agong may, on the advice of the
Minister after consultation with the Bank, appoint from amongst
persons who are qualified in the Shariah or who have knowledge
or experience in the Shariah and in banking, finance, law or such
other related disciplines as members of the Shariah Advisory
Council.

(2) If a judge of the High Court, the Court of Appeal or the
Federal Court, or a judge of the Shariah Appeal Court of any
State or Federal Territory, is to be appointed under subsection (1),
such appointment shall not be made except—

(a) in the case of a judge of the High Court, the Court of
Appeal or the Federal Court, after consultation by the
Bank with the Chief Justice; and

(b) in the case of a judge of the Shariah Appeal Court of
any State or Federal Territory, after consultation by the
Bank with the Chief Shariah Judge of the respective
State or Federal Territory, as the case may be.

(3) A member of the Shariah Advisory Council appointed under
subsection (1) shall hold office on such terms and conditions as
may be provided in their respective letters of appointment, and
shall be eligible for reappointment.

(4) The members of the Shariah Advisory Council shall be
paid such remuneration and allowances as may be determined
by the Board from the funds of the Bank.

51 Central Bank of Malaysia

Secretariat to Shariah Advisory Council

54. The Bank may—

(a) establish a secretariat and such other committees as
it considers necessary to assist the Shariah Advisory
Council in carrying out its functions; and

(b) appoint any officer of the Bank or any other person to be
a member of the secretariat or such other committees.

The Bank and Islamic financial institutions to consult Shariah
Advisory Council

55. (1) The Bank shall consult the Shariah Advisory Council on
any matter—

(a) relating to Islamic financial business; and

(b) for the purpose of carrying out its functions or conducting
its business or affairs under this Act or any other written
law in accordance with the Shariah,

which requires the ascertainment of Islamic law by the Shariah
Advisory Council.

(2) Any Islamic financial institution in respect of its Islamic
financial business, may—

(a) refer for a ruling; or

(b) seek the advice,

of the Shariah Advisory Council on the operations of its business
in order to ascertain that it does not involve any element which
is inconsistent with the Shariah.

Reference to Shariah Advisory Council for ruling from court
or arbitrator

56. (1) Where in any proceedings relating to Islamic financial
business before any court or arbitrator any question arises

52 Laws of Malaysia ACT 701

concerning a Shariah matter, the court or the arbitrator, as the
case may be, shall—

(a) take into consideration any published rulings of the Shariah
Advisory Council; or

(b) refer such question to the Shariah Advisory Council for
its ruling.

(2) Any request for advice or a ruling of the Shariah Advisory
Council under this Act or any other law shall be submitted to
the secretariat.

Effect of Shariah rulings

57. Any ruling made by the Shariah Advisory Council pursuant to
a reference made under this Part shall be binding on the Islamic
financial institutions under section 55 and the court or arbitrator
making a reference under section 56.

Shariah Advisory Council ruling prevails

58. Where the ruling given by a Shariah body or committee
constituted in Malaysia by an Islamic financial institution is
different from the ruling given by the Shariah Advisory Council,
the ruling of the Shariah Advisory Council shall prevail.

Chapter 2

Powers of the Bank

The Bank to issue circulars, guidelines, etc., on Shariah
matters

59. (1) The Bank may issue such written circulars, guidelines
or notices on any Shariah matter relating to the Islamic financial
business carried on by any Islamic financial institution in accordance
with the advice or ruling of the Shariah Advisory Council.

 (2) An Islamic financial institution shall comply with any
written circulars, guidelines or notices issued by the Bank under
subsection (1) and within such time as may be set out in the
circulars, guidelines or notices.

53Central Bank of Malaysia

(3) Any person who fails to comply with any circulars, guidelines
or notices issued by the Bank under subsection (1) commits an
offence and shall, on conviction, be liable to a fine not exceeding
three million ringgit.

Promotion of Malaysia as an international Islamic financial
centre

60. (1) The Bank shall, in co-operation with the Government or
any Government agency, statutory body, supervisory authority or
international or supranational organization, develop and promote
Malaysia as an international Islamic financial centre.

(2) For the purposes of subsection (1), the Bank may—

(a) establish a secretariat or other committees to assist the
Government or any organization, council, agency or
committee established by the Government; and

 (b) generally take such measures or facilitate such actions
or provide financing,

as may be necessary for the development and promotion of
Malaysia as an international Islamic financial centre.

PART VIII

CURRENCY

Unit of currency

61. (1) The unit of currency in Malaysia shall be the ringgit,
which shall be divided into one hundred sen.

 (2) The abbreviated form of the ringgit shall be “RM” or
“MYR”.

Right to issue, print or mint currency

62. (1) The Bank shall be the sole authority to issue currency
notes and coins in Malaysia and such notes and coins shall only
be printed or minted by or under the authority of the Bank.

54 Laws of Malaysia ACT 701

(2) The Government, any State Government, public authority,
financial institution, other institution or person shall not issue,
print, mint or authorize the printing or minting of currency or any
document or token payable to bearer on demand being documental
tokens, which in the opinion of the Bank, are likely to pass as
legal tender.

Legal tender

63. Only currency notes and coins issued by the Bank shall be
legal tender in Malaysia.

The Bank may call in currency

64. (1) The Bank may, from time to time, on giving not less
than a month’s notice in the Gazette of its intention to do so,
call in any of the currency notes or coins issued by the Bank.

(2) Upon the expiration of the notice, all currency notes or
coins to which the notice applies shall cease to be legal tender,
but the Bank shall continue to be liable to pay any such currency
notes or coins on presentation at the offices of the Bank.

The Bank may buy and sell ringgit

65. The Bank shall at its discretion buy and sell ringgit against
gold or any foreign currency eligible for inclusion in the foreign
reserves set out under this Act.

Exchange rate regime for ringgit

66. (1) The exchange rate regime for the ringgit shall be determined
by the Minister on the recommendation of the Bank.

(2) The Bank shall autonomously conduct foreign exchange
operations for the efficient and effective functioning of the
exchange rate regime and the foreign exchange market.

55 Central Bank of Malaysia

PART IX

FOREIGN RESERVES

Duty of the Bank to hold and manage foreign reserves

67. (1) It shall be the duty of the Bank at all times to hold and
manage foreign reserves for the purposes of giving effect to its
objects, carrying out its functions under this Act and maintaining
public confidence.

(2) Subject to section 68, the foreign reserves held and managed
under subsection (1) shall consist of the following:

(a) gold or other precious metals;

(b) foreign currency;

(c) securities of, or guaranteed by—

(i) governments or agencies of such governments; or

(ii) international financial institutions;

 (d) any readily available drawing facility of such international
financial institutions;

 (e) bills of exchange; and

 (f) such other securities and other financial instruments
including derivatives.

Policies and guidelines on foreign reserves

68. The Bank shall hold and manage the foreign reserves in
accordance with the policies and guidelines established by the
Board.

PART  X

RELATIONS WITH GOVERNMENT

Banker and financial agent to Government

69. (1) In its function as banker and financial agent to the
Government, the Bank—

 (a) shall keep account of Government moneys that it receives
and disburses; and

56 Laws of Malaysia ACT 701

(b) may undertake the issue and management of securities,
Treasury Bills and other financial instruments publicly
issued by the Government.

(2) The Bank shall not charge the Government for any expenses
incurred for the services provided under subsection (1).

Advice to, and acting generally as agent for, Government

70. (1) The Governor or any Deputy Governor with the approval
of the Minister or any officer of the Bank with the approval of the
Governor, may upon request of the Government, act as a member
of any committee or commission appointed by the Government to
advise or enquire into any matter affecting monetary, financial,
banking or currency matters in Malaysia or outside Malaysia.

 (2) The Bank, where it is appropriate and consistent with
its objects and the provisions of this Act and if it is within its
competence and expertise—

(a) shall, upon request by the Government or where the Bank
considers it necessary in the interest of the economy,
advise the Government on economic matters;

(b) may, upon request of the Government, act as a member
of any committee affecting economic matters in
Malaysia;

 (c) may, upon request of the Government, represent the
Government as its agent in all dealings, negotiations
or transactions relating to monetary, financial, banking,
currency or economic matters with any government or
authorities outside Malaysia to which the Government
has adhered or given support or approval; or

(d) may act generally as agent to the Government on such
terms and conditions to be agreed between the Bank
and the Government.

Temporary financing to Government

71. (1) The Board may extend temporary financing to the
Government on terms prevailing in the market in respect of
temporary deficiencies of budget revenue.

57 Central Bank of Malaysia

(2) All financing extended under subsection (1) shall be repaid
as soon as possible and shall in any event be payable not more
than three months after the end of the financial year of the
Government in which it is extended; and if after that date any
such financing remains outstanding, the power of the Bank to
extend further financing in any subsequent financial year shall
not be exercisable unless and until the outstanding financing has
been repaid.

(3) The aggregate amount of financing extended by the Bank
under subsection (1) and securities issued by the Government,
purchased by the Bank excluding any such securities acquired
in the course of, or held solely for, monetary policy operations,
shall not at any time exceed twelve and a half per centum of the
estimated receipts of the Federation shown in the statement laid
before the House of Representatives pursuant to Article 99 of the
Federal Constitution for the financial year of the Government in
which the financing is extended.

Issues of policy

72. (1) The Bank shall keep the Minister informed of policies
relating to its principal objects.

(2) In the event of a difference of opinion between the Minister
and the Bank relating to its principal objects, the Minister and
the Bank shall endeavour to reach an agreement.

 (3) If the Minister and the Bank are unable to reach an
agreement, the Board shall furnish to the Minister a statement
in relation to the matter in respect of which the difference of
opinion has arisen.

(4) The Minister shall then submit a recommendation together
with the statement furnished by the Board under subsection (3)
to the Cabinet.

(5) Acting on the recommendation of the Minister and the
statement furnished by the Board, the Cabinet may determine
the policy to be adopted by the Bank.

58 Laws of Malaysia ACT 701

 (6) The Minister shall inform the Bank of the policy as
determined under subsection (5) and that the Government accepts
responsibility for the policy.

(7) The Bank shall then give effect to the policy as determined
under subsection (5).

(8) If the Board objects to the policy as determined under
subsection (5), the Board may submit its objections and reasons
therefor in writing to the Minister who shall cause the same
together with the policy as determined under subsection (5) to
be laid before the House of Representatives, or, if the House of
Representatives is not then sitting, at the sitting of the following
meeting of the House of Representatives.

PART XI

OTHER POWERS OF THE BANK

Compliance with the Shariah

73. (1) The Bank may, in giving effect to its objects, carrying
out its functions or conducting its business or affairs under this
Act or any other written law, put in place such arrangements or
take such measures as may be approved by the Shariah Advisory
Council to ensure that such functions, business or affairs are in
accordance with the Shariah.

(2) Without prejudice to the generality of subsection (1), where
any arrangements or measures under subsection (1) require—

(a) the establishment of a corporation or a partnership;

(b) the entering into any commercial, agricultural or industrial
undertaking; or

(c) transaction involving trade, bailment, sale, purchase,
lease or sale and lease back, agency, endowment or
other business or dealing involving services, intellectual
property, commodities, other assets or properties,

which is prohibited or not authorized by this Act, the Bank may,
only for the purpose of carrying out its functions or conducting
its business or affairs in accordance with the Shariah, put in place
such arrangements or take such measures.

59 Central Bank of Malaysia

Acquisition of immovable property

74. The Bank may purchase, acquire or lease immovable
property—

(a) for the purposes of carrying out its functions or conducting
its business or affairs in accordance with the Shariah
pursuant to section 73;

(b) for the provision or future provision of—

(i) business premises for the Bank and its agencies
and any clearing houses established pursuant to
section 46;

(ii) residences for the Governor, Deputy Governors,
officers and employees; and

 (iii) amenities for the promotion of the welfare of officers
and employees; or

(c)  as may be provided in any provision of this Act.

General powers of the Bank

75. The Bank, where it is consistent with its objects, functions
and other provisions in this Act, may—

(a) enter into contracts;

 (b) acquire, purchase, take, hold and enjoy movable or
immovable property of every description and may convey,
assign, surrender, yield up, charge, mortgage, demise,
lease, rent, reassign, transfer or otherwise dispose of,
or deal with, any movable or immovable property or
any interest vested in the Bank upon such terms as the
Bank deems fit;

 (c) purchase, sell, repurchase, lend or borrow currencies,
securities, gold, other precious metals or other commodities
or enter into derivatives;

(d) exchange the currencies, securities, gold, other precious
metals or other commodities or financial instruments
referred to in paragraph (c) for other currencies, securities,
gold, other precious metals or other commodities or
financial instruments;

60 Laws of Malaysia ACT 701

(e) purchase, sell, discount and rediscount bills of exchange,
Treasury bills or promissory notes drawn in or outside
Malaysia and maturing within one year from the date
of acquisition or such other period as may be approved
by the Minister;

(f) purchase, sell or repurchase any certificate of deposit
issued by any financial institution;

(g) act as agent, correspondent or banker for, or open and
maintain accounts for, or accept deposits of gold, other
precious metals or money in any currency from, any
central bank, monetary authority, international financial
institution, international monetary authority or other
financial institutions outside Malaysia;

(h) open accounts for, and accept deposits of gold, other
precious metals or money in any currency from—

 (i) the Government, any State Government, public
authority or financial institution; or

 (ii) any other person in Malaysia with the prior approval
of the Minister;

(i) open and maintain accounts, place deposits of gold, other
precious metals or money in any currency with any
financial institution in or outside Malaysia, central bank,
monetary authority, international financial institution or
international monetary authority;

(j) undertake on behalf of customers and correspondents the
purchase, sale, collection and payment of securities,
currencies and credit instruments in and outside Malaysia,
and the purchase or sale of gold and other precious
metals;

 (k) accept from customers for custody securities and other
articles of value;

(l) accept assets, including book entry securities, as
collateral;

 (m) borrow money, establish credits and provide guarantees and
indemnities in any currencies, in or outside Malaysia;

(n) issue demand drafts and other kinds of remittances made
payable at its own offices and branches or at the offices
of agents or correspondents;

61 Central Bank of Malaysia

(o) invest in securities on behalf of staff and pension funds
and other internal funds of the Bank; and

 (p) do generally all such things as may be commonly done
by bankers.

Business which the Bank may not transact

76. Unless otherwise provided in this Act, the Bank may
not—

(a) engage in trade or otherwise have a direct interest in
any commercial, agricultural, industrial or any other
undertaking except in the course of the satisfaction of
debts due to the Bank provided that any such interest shall
be disposed of at the earliest suitable opportunity;

(b) provide financing upon security of any shares;

(c) purchase the shares of any corporation;

 (d) extend unsecured financing or financing secured otherwise
than as set out in this Act:

Provided that in the event of any debt due to the
Bank becoming in the opinion of the Bank endangered,
the Bank may secure such debt on any immovable or
movable property of the debtor and may acquire such
property, which shall, however, be resold at the earliest
suitable moment;

(e) draw or accept bills payable otherwise than on demand;
and

(f) accept for discount, or as security for any financing
extended by the Bank, bills or notes signed by members
of the Board or by the officers or employees of the
Bank.

Measures to safeguard monetary and financial stability

77. (1) Notwithstanding the provisions of this Act, the Board
may, for the purpose of giving effect to the objects of the Bank

62 Laws of Malaysia ACT 701

or safeguarding the balance of payments position, by notice in
writing give directions to, or impose requirements on, any person
including financial institutions in respect of or relating to—

 (a) transactions between residents, non-residents or residents
and non-residents, in ringgit or foreign currency, or
involving gold, other precious metals, securities or other
financial instruments including derivatives; or

(b) the receipt, surrender or retention of foreign currency,
gold or other precious metals.

(2) For the purposes of this section—

“foreign currency” shall have the meaning as in subsection
2(1) and in addition includes any document of a kind intended
to enable the person to whom the document is issued to obtain
foreign currency from some other person on the credit of the
person issuing it, and in particular to any traveller’s cheque or
other draft or letter of credit so intended;

 “non-resident” means—

(a) any person other than a resident;

(b) an overseas branch, subsidiary, regional office, sales office
or representative office of a resident company;

(c) Embassies, Consulates, High Commissions, supranational
or international organizations;

 (d) a Malaysian citizen who has obtained permanent resident
status of a country or territory outside Malaysia and is
residing outside Malaysia; or

 (e) any other person as may be specified by the Bank to be
a non-resident;

“person” means a natural person, any corporation, statutory
body, local authority, society, trade union, co-operative society,
partnership or any other body, organization, association or group
of persons, whether corporate or unincorporated and in addition
includes the Government, any State Government or any other
government;

63Central Bank of Malaysia

 “resident” means—

(a) a citizen of Malaysia, excluding a citizen who has obtained
permanent resident status in a country or territory outside
Malaysia and is residing outside Malaysia;

(b) a non-citizen of Malaysia who has obtained permanent
resident status in Malaysia and is ordinarily residing in
Malaysia;

(c) a body corporate incorporated or established, or registered
with or approved by any authority, in Malaysia;

(d) an unincorporated body registered with or approved by
any authority in Malaysia;

(e) the Government or any State Government; or

(f) any other person as may be specified by the Bank to be
a resident;

“securities” means shares, stock, bonds, notes (other than
promissory notes), debentures, debenture stock, units under a unit
trust scheme, shares in an oil royalty, a secondary security and
coupons whether in scripless form or in bearer certificates, including
certificates of title to securities or any letter of allotment which
may be renounced, any letter of rights, any warrants conferring
an option to acquire a security, any deposit certificate in respect
of securities and such other documents conferring, or containing
evidence of, rights to securities as the Bank may prescribe;

 “transactions” include—

(a) buying or selling;

(b) borrowing or lending;

(c) payment, transfer or settlement;

(d) issuance, transfer or substitution of securities;

(e) giving or obtaining financial guarantee, indemnity or
similar undertaking in respect of any debt, obligation
or liability;

64 Laws of Malaysia ACT 701

(f) any act which involves, is in association with, or is
preparatory to, the matters in paragraphs (a), (b), (c),
(d), (e) and (g); or

(g) issuance of publication of advertisement of the matters
in paragraphs (a), (b), (c), (d) and (e).

(3) Any person who fails to comply with the directions or
requirements of the Board under subsection (1) commits an offence
and shall, on conviction, be liable to a fine not exceeding ten
million ringgit or to imprisonment for a term not exceeding ten
years or to both.

Record of international accounts

78. (1) For the purposes of giving effect to its objects and carrying
out its functions under this Act, the Bank shall maintain a record
of international accounts containing such data and information
as the Bank may determine.

(2) For the purpose of maintaining the record of international
accounts, the Bank shall have the power to require in writing at
any time persons which, in the opinion of the Bank, having in
their possession or under their custody or control, or has within
their capacity to obtain, compile or submit, any data, information
or document relating to the record of international accounts—

(a) to submit such data, information or document to the Bank;
or

(b) to attend before an officer of the Bank to answer any
enquiries in relation to such data, information or
document.

(3) Any person who is required to submit any data, information
or document under this section shall ensure that—

(a) such data, information or document submitted pursuant
to any requirement under paragraph (2)(a); or

(b) any answer to any enquiry pursuant to any requirement
under paragraph (2)(b),

is true, correct, complete and not misleading.

65 Central Bank of Malaysia

(4) Any person who is required to submit any data, information
or document under this section shall comply with such requirement,
notwithstanding the provisions of any written law whether
enacted before or after the commencement of this Act or 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.

(5) Any person shall not, in complying with the requirement
to submit any information or document under subsection (4), be
treated as being in breach of any such contract, agreement or
arrangement.

 (6) The Bank may publish in any manner it deems fit, consolidated
statements of all or any part of the record of international accounts,
aggregating the data, information or particulars in documents
received or obtained under subsection (2), provided that such
publication shall not in any manner lead to the identification
of any person to which such data, information, or particulars
relate.

(7) Notwithstanding section 88 or any other written law but
without prejudice to subsection (6), any data, information or
document received or obtained by the Bank under subsection (2)
shall only be disclosed by the Bank for the purposes of maintaining
the record of international accounts, giving effect to its principal
objects or carrying out its primary functions under section 5,
and shall not be otherwise disclosed by the Bank to any other
person.

(8) For the purposes of this section—

 (a) “person” means a natural person, any corporation, statutory
body, local authority, society, trade union, co-operative
society, partnership or any other body, organization,
association or group of persons, whether corporate or
unincorporate and in addition includes the Government,
any State Government or any other government;

“record of international accounts” refers collectively to
the records of balance of payments and international
investment position of Malaysia;

66 Laws of Malaysia ACT 701

“record of balance of payments” means a record of
economic and financial transactions of Malaysia with
any country, territory or place outside Malaysia during
a period deemed appropriate by the Bank;

“record of international investment position” means the
position of financial assets and liabilities of Malaysia
with any country, territory or place outside Malaysia as
at a date deemed appropriate by the Bank; and

(b) the Bank may determine—

(i) the economic and financial transactions which may
be included or excluded from the record of balance
of payments;

 (ii) the external financial assets and liabilities of Malaysia
which may be included or excluded from the record
of international investment position; and

 (iii) any territory or place as being in or outside
Malaysia.

(9) Any person who fails to comply with the requirements of
the Bank under subsection (2), (3) or (4) commits an offence
and shall, on conviction, be liable to a fine not exceeding one
million ringgit.

PART XII

INTERNATIONAL MATTERS

International co-operation

79. The Bank may—

(a) participate in any arrangement, scheme, programme or
initiative with any other central banks, monetary authorities
or international financial institutions or authorities outside
Malaysia to promote bilateral, regional and international
monetary, financial or economic co-operation; or

(b) with the approval of the Minister on the recommendation
of the Board, fund or provide financing in whole or in
part for the arrangement, scheme, programme or initiative
referred to in paragraph (a).

67 Central Bank of Malaysia

Membership in international organizations

80. The Bank shall exercise the rights and perform the obligations
arising from the—

 (a) membership of Malaysia in the International Monetary
Fund under the Bretton Woods Agreements Act 1957
[Act 472];

(b) membership of the Bank in the Islamic Financial Services
Board pursuant to the Islamic Financial Services Board
Act 2002 [Act 623]; and

 (c) membership of Malaysia or the Bank in any international
organization in respect of which provision is made in
any federal law.

Participation in Bank for International Settlements and other
international financial institutions

81. The Bank may acquire, hold and sell shares of—

(a) the Bank for International Settlements; and

(b) any other international financial institution,

and exercise the rights and perform the obligations arising from
its membership or participation in the Bank for International
Settlements and such other international financial institution.

Regulations or directions to discharge Government’s
international obligations under United Nations Security
Council Resolutions

82. (1) Where the Security Council of the United Nations
decides, in pursuance of Article 41 of the Charter of the United
Nations, on measures to be employed to give effect to any of
its decision and calls upon the Government of Malaysia to apply
such measures, the Bank may, in relation to the measures that are
within the functions and duties of the Bank, with the approval of
the Minister, make regulations for, or issue directions in writing
to any financial institution or class of financial institutions to
enable those measures to be effectively applied.

68 Laws of Malaysia ACT 701

 (2) Any financial institution for which the regulations are
made or to which directions are issued under subsection (1) shall
comply with the regulations or directions notwithstanding any
other duty imposed on the financial institution by any contract
or law or international agreement.

(3) Any financial institution shall not, in carrying out any act
in compliance with the regulations made or directions issued
under subsection (1), be treated as being in breach of any such
contract or law or international agreement.

 (4) Any financial institution who fails to comply with subsection (2)
commits an offence and shall, on conviction, be liable to a fine
not exceeding one hundred thousand ringgit.

PART XIII

OFFICERS AND EMPLOYEES

Officers and employees of the Bank

83. (1) The Bank may appoint such officers and employees as it
considers to be necessary for the efficient conduct of the business
of the Bank.

(2) Officers and employees of the Bank shall hold office for
such period, receive such salaries and allowances and shall be
subject to such by-laws on conduct and discipline and other terms
and conditions of service as may be determined by the Board.

 (3) The Bank may, with the approval of the Minister, out
of the funds of the Bank establish and maintain a pension and
provident fund for its officers and employees, which in this
subsection includes the Governor and the Deputy Governors, and
their dependants.

(4) There shall continue to be a Bank Negara Malaysia Staff
Welfare Account which shall include the amount standing to the
credit of the Bank Negara Malaysia Staff Welfare Account created
under subsection 15(5) of the repealed Act immediately before
the coming into operation of this Act and such other amounts
as are placed to the credit of the Bank Negara Malaysia Staff
Welfare Account under this Act.

69 Central Bank of Malaysia

(5) The Bank Negara Malaysia Staff Welfare Account shall
be utilized for such purposes conducive to the welfare of the
officers and employees of the Bank, including their dependants,
as may from time to time be provided in trust directions to be
issued by the Board with the approval of the Minister, and such
directions may provide for the manner and the procedure for the
making of the grant, financing or other payments from the Bank
Negara Malaysia Staff Welfare Account.

Financing for housing, vehicles, studies and scholarships

84. (1) Without prejudice to subsections 83(4) and (5), but
subject to subsections (2), (3) and (4), the Bank shall not extend
financing to an officer or employee.

(2) The Bank may extend financing to an officer or employee
upon such terms and conditions as the Board may determine—

(a) for the purchase, erection, alteration, renovation or
enlargement of a house in which he resides or intends
to reside;

(b) to discharge a mortgage or encumbrance on such a house;
or

(c) for the purchase of a vehicle.

(3) The Bank may, where the Governor is satisfied that special
or compassionate circumstances exist or the purpose is appropriate,
extend financing to an officer or employee on such terms and
conditions as the Governor may determine, not exceeding at any
one time an amount equal to three months’ salary of the officer
or employee.

(4) The Bank may extend financing for studies or scholarships
to any officer or employee of the Bank or any child, including
a step-child or adopted child of such officer or employee, or to
any suitable person, in accordance with such terms and conditions
as may be approved by the Board generally or in any particular
case.

Remuneration not to be related to profits

85. No salary, fee, wage, or other remuneration, or allowance,
paid by the Bank shall be computed by reference to the profits
of the Bank.

70 Laws of Malaysia ACT 701

PART XIV

GENERAL

Preservation of secrecy

86. (1) Without prejudice to section 88, and except for the
purpose of the performance of his duties or the carrying out of
his functions or when lawfully required to do so by any court
or under any law, no person who is or has been director, officer,
or employee of the Bank or member of the Shariah Advisory
Council or any committee appointed under this Act shall disclose
to any person any information relating to the business or affairs
of the Bank or of a financial institution or of a customer of the
Bank or of a financial institution which he has acquired in the
performance of his duties or the carrying out of his functions.

 (2) Any person who fails to comply with subsection (1)
commits an offence and shall, on conviction, be liable to a fine
not exceeding three million ringgit or to imprisonment for a term
not exceeding three years or to both.

Immunity

87. (1) No action, suit, prosecution or other proceeding shall lie
or be brought, instituted, or maintained in any court or before
any other authority against—

(a) any officer or employee of the Bank;

(b) any person lawfully acting on behalf of the Bank, or on
behalf of any such officer or employee, in his capacity
as a person acting on such behalf; or

 (c) any person appointed pursuant to this Act,

for or on account of, or in respect of, any act done or statement
made or omitted to be done or made, or purporting to be done or
made, in pursuance or in execution of, or intended pursuance or
execution of, this Act, any order in writing, direction, instruction,
notice or other thing issued under this Act:

Provided that such act or such statement was done or made,
or was omitted to be done or made, in good faith.

71Central Bank of Malaysia

(2) In this section, the expression “officer” includes the Governor,
the Deputy Governors and the other directors.

Power to report suspected offence

88. (1) Where the Bank in the course of the exercise of any of its
powers, or the discharge of any of its duties, or the performance
of any of its functions, under this Act, or under any law enforced
by the Bank referred to in the Second Schedule or other written
law, suspects that any person has committed any offence under
this Act, or any of the Acts referred to in the Second Schedule,
or any other written law, it shall be lawful for the Bank to give
information of such commission to a police officer in charge of
a police station or to any other police officer, or to convey any
or all information in relation to such offence to any financial
institution or other person affected by such offence, or to any
authority or person having power to investigate under, or enforce,
the provision of the law under which the offence is suspected by
the Bank to have been committed.

 (2) Subsection (1) shall have full force and effect, notwithstanding
anything inconsistent with, or contrary to it, in the Act or any
law enforced by the Bank referred to in the Second Schedule or
in any other written law.

Power to compound

89. (1) The Governor may, with the consent in writing of the
Public Prosecutor, offer in writing to compound any offence
punishable under this Act or any regulations made under this
Act, by accepting from the person reasonably suspected of having
committed the offence, such sum of money as he thinks fit not
exceeding the amount of the maximum fine to which that person
would have been liable if he had been convicted of the offence,
within such time as may be specified in the offer.

(2) An offer under subsection (1) may be made at any time
after the offence has been committed, but before any prosecution
for it has been instituted, and if the amount specified in the offer
is not paid within the time specified in the offer or within such
extended period as the Governor may grant, prosecution for the
offence may be instituted at any time after that against the person
to whom the offer was made.

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 (3) Where an offence has been compounded under subsection (1),
no prosecution shall be instituted in respect of the offence against
the person to whom the offer to compound was made, and any
document or thing seized in connection with the offence may be
released by the Bank, subject to such terms and conditions as
the Bank thinks fit.

(4) All sums of money accepted under subsection (1) shall be
paid into the Federal Consolidated Fund.

Prosecution

90. No prosecution in respect of any offence under this Act shall
be instituted except by or with the written consent of the Public
Prosecutor.

Offence by body corporate

91. (1) If a body corporate commits an offence under this Act
or any regulations made under this Act, any person who at the
time of the commission of the offence was a director, chief
executive officer, chief operating officer, manager, secretary or
other similar officer of the body corporate or was purporting to
act in any such capacity or was in any manner or to any extent
responsible for the management of any of the affairs of the body
corporate or was assisting in such management—

(a) may be charged severally or jointly in the same proceedings
with the body corporate; and

(b) if the body corporate is found to have committed the
offence, shall be deemed to have committed that offence
unless, having regard to the nature of his functions in
that capacity and to all circumstances, he proves—

 (i) that the offence was committed without his knowledge,
consent or connivance; and

(ii) that he had taken all reasonable precautions and
exercised due diligence to prevent the commission
of the offence.

73Central Bank of Malaysia

(2) If any person would be liable under this Act to any
punishment or penalty for his act, omission, neglect or default,
he shall be liable to the same punishment or penalty for every
such act, omission, neglect or default of any employee or agent
of his, or of the employee of the agent, if the act, omission,
neglect or default was committed—

(a) by that person’s employee in the course of his
employment;

 (b) by the agent when acting on behalf of that person; or

 (c) by the employee of the agent in the course of his
employment by the agent or otherwise on behalf of the
agent acting on behalf of that person.

The Bank may be represented by officer or employee of the
Bank in civil proceedings

92. Notwithstanding the provisions of any written law—

 (a) in any civil proceedings by or against the Bank; or

(b) in any other civil proceedings in which the Bank is
required or permitted by the court to be represented, or
to be heard, or is otherwise entitled to be represented
or to be heard,

any officer or employee of the Bank authorized by the Governor
for the purpose, may, on behalf of the Bank, institute such
proceedings or appear as an advocate therein and may make all
appearances and applications and do all acts in respect of such
proceedings on behalf of the Bank.

Fees and charges

93. Subject to subsection 69(2), the Bank may impose such fees
or charges as it deems appropriate for the services provided by the
Bank or the Shariah Advisory Council in relation to its functions
under this Act or any other written law.

74 Laws of Malaysia ACT 701

Power to make regulations

94. (1) The Bank may, with the approval of the Minister, make
regulations for the better carrying out of the objects and purposes
of this Act.

 (2) Without prejudice to the generality of subsection (1),
regulations may be made—

(a) to give effect to section 78;

(b) to provide for administrative penalties pursuant to section
98;

 (c) to provide that any act or omission in contravention of
any provision of the regulations shall be an offence;
and

(d) to provide for the imposition of penalties for any offence
under the regulations which shall not exceed one million
ringgit or to imprisonment for a term not exceeding one
year or to both.

Power to issue guidelines, etc.

95. The Bank may, for—

(a) giving effect to its objects and carrying out its functions
or conducting its business or affairs;

(b) giving full effect to any provision of this Act; or

 (c) the further, better or more convenient implementation of
the provisions of this Act,

generally in respect of this Act, or in respect of any particular
provision of this Act, or generally in respect of the conduct of
the Bank, issue such guidelines, by-laws, circulars, standards or
notices as the Bank may consider necessary or expedient.

Exemptions

96. The Minister may, on the recommendation of the Bank and
provided that it is not inconsistent with the objects and functions
of the Bank, by order published in the Gazette, exempt any

75 Central Bank of Malaysia

particular person or any class, category or description of persons,
from all or any of the provisions of this Act, for such duration,
and subject to such conditions, as the Minister may specify in
the order.

Power to amend Schedule

97. The Minister may, on the recommendation of the Bank,
from time to time by order published in the Gazette amend any
provision in the First, Second or Third Schedule and upon such
publication, such provision as amended, shall come into full force
and effect and shall be deemed to be an integral part of this Act
as from the date of such publication, or from such later date as
may be specified in the order.

Power to impose administrative penalty

98. (1) The Bank may, by regulations made under section 94,
impose administrative penalties on any person for any delay
in complying with any directive, guideline, standard, circular,
specification, order or notice issued by the Bank in respect of
any provision of this Act.

(2) The Bank shall, before making a decision to impose any
administrative penalty on any person, serve on him a written
notice calling on him to show cause why the administrative
penalty should not be imposed on him.

(3) If a satisfactory explanation is not received within fourteen
days from the date of the written notice, the Bank may impose an
administrative penalty in an amount not exceeding five hundred
ringgit for each day of non-compliance and such amount shall
not in total exceed the sum of five thousand ringgit.

PART XV

REPEAL, SAVINGS AND TRANSITIONAL

Repeal

99. The Central Bank of Malaysia Act 1958 is repealed.

76 Laws of Malaysia ACT 701

Savings and transitional

100. Notwithstanding the repeal of the Central Bank of Malaysia
Act 1958 under section 99—

(a) Part III of the repealed Act shall continue to remain in
full force and effect until such date to be appointed by
the Minister in accordance with subsection 1(2) for the
coming into operation of Part VIII of this Act;

(b) subparagraphs 30(1)(oo)(ii), (iii), (iiia), (iv) and (v) of the
repealed Act shall continue to remain in full force and
effect until such date to be appointed by the Minister
by notification in the Gazette for the repeal to take
effect;

 (c) the capital of the Bank under the repealed Act which
on the coming into operation of this Act stands at one
hundred million ringgit of which the amount of twenty
million ringgit being the capital of the Bank which
was subscribed and paid up by the Government under
subsection 6(2) of the repealed Act on the establishment
of the Bank and the additional amount of eighty million
ringgit which was subsequently subscribed and paid up
by the Government pursuant to subsection 6(3) of the
repealed Act shall continue to remain as the capital of
the Bank under this Act;

(d) the person holding office under the repealed Act immediately
before the coming into operation of this Act as—

 (i) Governor;

 (ii) Deputy Governor;

 (iii) director; or

(iv) officer or employee of the Bank,

shall be deemed to have been appointed under this Act
and shall continue to hold such office for the unexpired
period of the term of office of such person under the
repealed Act at the time of the repeal of that Act under
section 99;

 (e) the Head Office and any branches opened, or any agent,
correspondent or attorney appointed under the repealed
Act shall be deemed to be opened and appointed under
or in accordance with this Act;

77Central Bank of Malaysia

(f) the Syariah Advisory Council established and its members
appointed under the repealed Act shall be deemed to be
established and appointed, as the case may be, under or
in accordance with this Act;

(g) currency notes and coins issued under the repealed Act and
which are legal tender immediately before the coming
into operation of this Act shall continue to be legal
tender in Malaysia at their face value as provided in
section 24 of the repealed Act and every contract, sale,
payment, bill, note, instrument and security for money
and every transaction, dealing, matter and thing relating
to money or involving the payment of, or the liability
to pay, any money which but for this paragraph would
have been made, executed, entered into, done and had
for in, and in relation to currency notes and coins issued
under the repealed Act shall be deemed to be validly
made, executed, entered into, done and had for in and
in relation to currency notes and coins issued under this
Act;

(h) currency notes and coins issued under the repealed Act
which have ceased to be legal tender shall not be affected
by this Act and any obligation of the Bank relating to
the currency notes and coins under the repealed Act
shall continue to be in force under this Act;

(i) subsidiary legislation and any approval, direction, decision,
exemption, trust directions, recommendation, specification
and other executive act made or done under the repealed
Act and in force or having effect immediately before
the coming into operation of this Act, shall be deemed
to have been made or done under the corresponding
provisions of this Act, and shall continue to remain in
full force and effect in relation to the person to whom
it applied until amended or replaced;

(j) any directive, notice or circular issued, or any act or
thing done, by the Bank in relation to Islamic financial
business, or any ruling made by the Syariah Advisory
Council established under section 16B of the repealed
Act before the coming into operation of this Act shall
be deemed to have been validly issued, done or made
under this Act and shall continue to remain in full force
and effect in relation to the person to whom it applied
until amended or replaced;

78 Laws of Malaysia ACT 701

(k) any securities issued by the Bank under—

 (i) subparagraph 30(1)(bb)(i) of the repealed Act and
any right or liability relating to the securities shall
continue under the repealed Act until the obligation
is discharged; and

 (ii) subparagraph 30(1)(bbb)(i) of the repealed Act and
any right or liability relating to the securities shall
be deemed to continue to be issued under or in
accordance with this Act;

 (l) all transactions, dealings, contracts, powers of attorney
or arrangements lawfully executed or entered into and
all business lawfully done, under or in accordance with
the repealed Act with any other person shall be deemed
to have been lawfully and validly executed, entered
into or done, under or in accordance with this Act, and
accordingly, any right or liability under such transaction,
dealing or business existing immediately before the
coming into operation of this Act, shall be deemed to
continue to be lawful and valid under this Act;

 (m) nothing shall affect any person’s liability to be prosecuted
or punished for offences committed under the repealed
Act immediately before the coming into operation of
this Act;

(n) any pending legal proceedings, criminal prosecution,
investigation or disciplinary proceedings under the repealed
Act shall be continued under the repealed Act;

(o) any body corporate, clearing house, credit bureau or any
systems established or operated by the Bank under the
repealed Act shall be deemed to have been established
or operated under or in accordance with this Act;

 (p) any securities or shares subscribed, acquired or held by
the Bank under the repealed Act shall be deemed to have
been lawfully and validly subscribed, acquired or held
by the Bank under or in accordance with this Act;

(q) any trust deed or deed issued or executed under the
repealed Act shall be deemed to have been lawfully and
validly issued or executed under or in accordance with
this Act;

79 Central Bank of Malaysia

(r) any reserve held by banking institutions or Islamic banks
at the Bank pursuant to paragraph 37(1)(c) or (d) of the
repealed Act, as the case may be, shall be deemed to
be held under or in accordance with this Act;

(s) any obligation pursuant to any grants, loans or other
payments made by the Bank under the Bank Negara
Malaysia Staff Welfare Account established under
subsection 15(5) or any scholarships granted by the Bank
under section 49 of the repealed Act shall continue to
remain in force under the repealed Act until the obligation
is discharged;

 (t) any loan provided by the Bank under section 49 of the
repealed Act shall continue to remain in force under the
repealed Act until the loan is settled;

(u) the General Reserve Fund established under section 7
of the repealed Act, any pension and provident fund
established under subsection 15(3) of the repealed Act
and the Bank Negara Malaysia Staff Welfare Account
established under subsection 15(5) of the repealed Act
shall be deemed to have been established under or in
accordance with this Act and any moneys standing in
or due to be paid to the funds shall be transferred to
and be deemed to be part of the General Reserve Fund,
pension and provident fund and Bank Negara Malaysia
Staff Welfare Account, as the case may be, established
under this Act;

(v) any movable, immovable property and asset purchased,
acquired, leased or held by the Bank under the repealed
Act shall be deemed to have been purchased, acquired,
leased or held under or in accordance with this Act;

(w) any reference to the repealed Act in any written law
shall be construed as a reference to this Act and any
reference to any specific provision of the repealed Act
in any written law shall be construed as a reference to
a provision of this Act which corresponds as nearly as
may be to such specific provision;

(x) any membership of the Bank in any organization or to any
committee or commission appointed by the Government
or participation in any bilateral, regional or international

80 Laws of Malaysia ACT 701

co-operation or scheme under the repealed Act, as the
case may be, shall continue to be in force under this
Act for the unexpired period of the membership or
participation;

(y) any act required to be done under the repealed Act
shall be deemed to be required to be done under or in
accordance with this Act; and

(z)  any other right, benefit, privilege, obligation or liability
acquired, accrued or incurred under the repealed Act,
including any obligation to preserve secrecy, shall not
be affected by this Act and shall continue to remain in
force as if this Act had not been enacted.

FIRST  SCHEDULE

[Sections 21 and 23]

1. Unless otherwise provided in this Act, the Board shall appoint any member
to act as a chairman to preside over the meetings of the committee.

2. A member of any of the committees may at any time resign his office by
giving a written notice of at least thirty days to the Bank.

3. The provision on quorum and frequency of meetings of the committees
shall be as follows:

Committee

(1)

Quorum

(2)

Frequency of
meetings

(3)

Board
Governance
Committee

Not less than two-thirds of the
members of the Board Governance
Committee

At least two
times a year

Board Audit
Committee

Not less than two-thirds of the
members of the Board Audit
Committee

At least four
times a year

Board Risk
Committee

Not less than two-thirds of the
members of the Board Risk
Committee

At least two
times a year

Monetary Policy
Committee

Not less than two-thirds of the members
of the Monetary Policy Committee of
whom two must be the Governor (or
in the absence of the Governor, the
Deputy Governor designated by the
Board under subsection 15(7)) and a
Deputy Governor

At least six times
a year

81 Central Bank of Malaysia

4. Notwithstanding column (3) of paragraph 3, the committees shall also
meet as and when required or directed by the chairman.

5. The chairman may authorize a member to use live video, television links
or other appropriate communication or multimedia facilities to participate in
any meeting of the committee where, prior to the meeting, the member, by
notification to the chairman, has requested for such authorization and such
member shall be treated as being present for the meeting.

6. Except for the Monetary Policy Committee established under section 23,
a resolution in writing, signed by all of the members of the other committees
shall be as valid and effectual as if it had been passed at a meeting of any of
the committees duly convened and held and any such resolution may consist
of several documents in like form, each signed by one or more members.

7. Unless otherwise provided in this Act, any committee may act notwithstanding
any vacancy in its membership and its proceedings shall not be invalidated
by—

(a) the absence of any member;

(b) any defect afterwards discovered in the appointment or qualification
of any member or the constitution of the committee;

(c) any omission, defect or irregularity in the convening or conduct of a
meeting; or

(d) the presence or participation of a person who is not a member of the
committee.

8. A committee may determine for any particular reason or on a particular
occasion that the decisions of the committee would be by vote.

9. Any advice given by any member, the deliberations and decisions of the
meetings of the committees including any dissenting views of members or any
result of any vote under paragraph 8 shall be recorded in the minutes of the
meetings. The deliberations, proceedings and the decisions of the committees
shall be confidential and except as otherwise provided in section 86 shall not
be disclosed to any person outside the committee.

10. The chairman may, with the concurrence of all the members of the
committee, invite any officer or person to attend and participate in the
discussions of the committee.

11. A committee may, if it deems necessary in carrying out its functions,
call upon any officer or person to provide any information or document which
is relevant to the functions of such committee.

12. A committee may appoint an officer to act as secretary to the
committee.

13. The Board may make further by-laws on the procedures relating to the
meetings of the committees.

82 Laws of Malaysia ACT 701

SECOND  SCHEDULE

[Section 28]

1. Islamic Banking Act 1983 [Act 276]

2. Takaful Act 1984 [Act 312]

3. Banking and Financial Institutions Act 1989 [Act 372]

4. Insurance Act 1996 [Act 553]

5. Money-Changing Act 1998 [Act 577]

6. Anti-Money Laundering and Anti-Terrorism Financing Act 2001
[Act 613]

7. Development Financial Institutions Act 2002 [Act 618]

8. Payment Systems Act 2003 [Act 627]

THIRD  SCHEDULE

[Section 36]

Interpretation

1. In this Schedule, unless the context otherwise requires—

“claim” means any claim, defence, counterclaim, set-off, legal or other
proceeding, action, equity or equitable interest of any kind by an obligor or
any third party against a transferor, or in respect of any business, asset or
liability, whether present or future, or whether vested or contingent;

“disclosed claim” means any specific claim disclosed by the transferor to
the transferee in writing prior to the vesting date;

“disclosed obligation” means an obligation or liability owed to the obligor
by the transferor under or with respect to an asset and which obligation or
liability is disclosed by the transferor to the transferee in writing prior to the
vesting date;

“interest in land” means—

(a) any interest in land, whether registered or registrable, including one
to which the Strata Titles Act 1985 [Act 318] applies and which is
capable of being transferred under Part Fourteen of the National Land
Code [Act 56/1965] or relating to the State of Sabah, Part V of the
Land Ordinance [Cap. 68] or relating to the State of Sarawak, Part
VII of the Land Code [Cap. 81];

(b) any Registrar’s caveat, lien holder’s caveat or other caveat; or

(c) any other rights or entitlements relating to land;

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“obligor” means any person who owes a duty or obligation of any nature,
whether present or future, or whether vested or contingent, to the transferor
under or with respect to an asset, including without limitation, an obligor
under any financing or security arrangement or other chose-in-action;

“registered interest” means any right or interest—

 (a) in a charge to which section 108 of the Companies Act 1965 applies
and is duly registered in accordance with that section;

(b) in land which is duly registered under the Strata Titles Act 1985, the
National Land Code, the Land Ordinance relating to the State of
Sabah or the Land Code relating to the State of Sarawak;

(c) in a ship which is duly registered under the Merchant Shipping
Ordinance 1952 [Ord. 70/1952]; or

(d) duly registered under any other law or under foreign law;

 “Registration Authority” includes—

(a) the registrar of any court;

(b) the Registrar of Companies as designated under subsection 7(1) of
the Companies Act 1965;

(c) the Registrar as defined under section 5 of the National Land Code,
the Registrar as defined under section 4 of the Land Ordinance
relating to the State of Sabah or the Registrar under the Land Code
relating to the State of Sarawak, as the case may be;

(d) the registrar of Malaysian ships appointed under subsection 14(1) of
the Merchant Shipping Ordinance 1952 and includes the Registrar
General of Ships as appointed under subsection 14(1) of the Ordinance;
or

(e) a central depository, an authorized depository agent or any person
maintaining a register or record of ownership, interest or security;

“transferee” has the same meaning assigned to it in subsection 36(18);

“transferor” has the same meaning assigned to it in subsection 36(18);

“vesting date” means the date stated on a vesting order as the date on
which any business, assets, liabilities, or shares or other capital instruments
vest or are deemed to vest in the transferee;

“vesting order” means an order made under subparagraph 32(1)(c)(iii)
and includes a replacement vesting order made under paragraph 11 of this
Schedule.

Vesting order

2. (1) Where the Bank makes a vesting order, the vesting order shall be in
accordance with this Schedule.

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(2) A vesting order may be in such form as determined by the Bank from
time to time and shall take effect in accordance with this Schedule.

(3) A vesting order stating that any business, assets, liabilities, shares or
other capital instruments to be vested shall be conclusive evidence of such
vesting as of the vesting date.

(4) Where a vesting order is made, the transferor and transferee, as the
case may be, shall not be required to—

 (a) notify or obtain the approval of their shareholders or creditors in a
general meeting or otherwise notwithstanding any contract or law
including without limitation sections 132C, 132D and 132E of the
Companies Act 1965 or anything in their constituent documents;
or

 (b) make a take-over offer or be required to acquire the shares of other
shareholders of the transferor or its borrowers notwithstanding
anything to the contrary in any contract or law.

(5) A vesting order may restrict or prevent the termination of any agreements
or transactions in accordance with their terms subject to such conditions as
may be imposed in the vesting order.

(6) A vesting order may make other provisions for the purposes of, or in
connection with, the vesting of any business, assets, liabilities, shares or other
capital instruments of the transferor.

(7) A vesting order may require or permit—

(a) a transferor to provide a transferee with information and assistance;
or

(b) a transferee to provide a transferor with information and assistance.

(8) Any person in complying with the vesting order for the purposes of
subparagraph (7) shall not be treated as being in breach of any law, contract,
agreement or arrangement.

(9) The powers under this Schedule are without prejudice to, and in addition
to any other rights and powers of the Bank.

Notice

3. (1) The Bank shall serve the vesting order made under subparagraph 32(1)(c)(iii)
to the transferor and transferee in such manner as the Bank may deem
appropriate.

(2) The directors of a financial institution shall inform the members of the
financial institution that an order under subparagraph 32(1)(c)(iii) has been
made against the financial institution not later than thirty days after the order
has been received by the financial institution.

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(3) No director of a financial institution shall be liable to be sued in any
court or before any other authority for not being able to carry out his duty
under subsection 132(1) of the Companies Act 1965 in relation to any act
necessary to effect the vesting of the business, assets, liabilities, shares or
other capital instruments of the financial institution from the date an order
under subparagraph 32(1)(c)(iii) is made by the Bank.

Vesting of business, assets or liabilities

4. (1) No provision in any law including subsection 4(3) of the Civil Law Act 1956
[Act 67] or agreement limiting or prohibiting the right of the transferor
or requiring any consent to assign, sell, dispose of, novate or transfer any
business, assets or liabilities shall insofar as such limitation, prohibition or
consent requirement is concerned, have any application or effect in respect of
any order made by the Bank under subparagraph 32(1)(c)(iii).

(2) Where the Bank makes a vesting order—

(a) in the case where an asset is held by the transferor alone immediately
before the vesting date, such asset shall on and from the vesting
date vest in the transferee; and

(b) in the case where the asset is held jointly by the transferor with
another person immediately before the vesting date, such asset shall
on and from the vesting date vest in the transferee in accordance
with subparagraph (5) jointly with that other person.

(3) Where the assets vested in a transferee in accordance with this Schedule
include any financing, the transferee is deemed to have given the financing or
issued the guarantee, as the case may be, notwithstanding that the financing
or guarantee had been drawn down or issued by the transferor.

(4) Where the security for any financing that is vested under this Schedule
in the transferee includes a share—

 (a) for the purposes of paragraph 6A(9)(b) of the Companies Act 1965,
the transferee, shall be deemed to hold an interest in the share only
by way of security for the purposes of a transaction entered into in
the ordinary course of business in connection with the lending of
money; and

(b) the interest of the transferee in the share shall be disregarded for the
purposes of section 6A of the Companies Act 1965.

 (5) The transferee shall, on and from the vesting date for any assets,
acquire all of the transferor’s present and future rights, title and interests in,
and disclosed obligations with respect to, such asset, free of any encumbrance,
caveat, prohibitory order, injunction or claim save for any registered interest
existing as at the vesting date and disclosed claims.

(6) On and from the vesting date for a liability—

(a) the transferee shall assume and be vested with that liability and becomes
liable, instead of the transferor, to discharge that liability;

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(b) the transferor shall be deemed to have been released and discharged
from that liability; and

 (c) any depositor, creditor or other person who is owed that liability shall
be deemed to have consented to and accepted the assumption by the
transferee of that liability.

(7) Without prejudice to subparagraphs (1), (2), (3), (4), (5) and (6) in
relation to any business, assets or liabilities, as the case may be, vested in
the transferee—

(a) each obligor with respect to such assets, shall be deemed to have
released and discharged the transferor from all the disclosed obligations
with respect to such assets;

(b) any person having any right, title or interest in such assets, shall be
deemed to have consented to and accepted the vesting in the transferee
of all the disclosed obligations with respect to such assets;

(c) an existing agreement or instrument, whether in the form of a deed,
will or otherwise, or order of any court, under or by virtue of which,
the transferor has title or ownership of or rights to such assets shall
be construed and shall have effect as if for any reference in it to
the transferor there were substituted a reference to the transferee;

(d) an existing agreement or instrument in relation to such assets to which
the transferor was a party shall have effect insofar as it is applicable
to the disclosed obligations, disclosed claims and registered interests as
if the transferee had been a party to it instead of the transferor;

(e) an existing instruction, order, mandate, power of attorney, authority,
undertaking or consent in relation to an account which was given
to the transferor, either alone or jointly with another person, shall
be deemed to have effect, as if given to the transferee either alone
or jointly with such other person, as the case may be;

(f) if any security were held immediately before the vesting date by
the transferor, or by a nominee of or trustee for the transferor,
as security for the payment or discharge of any liability of any
person, such security shall be held by the transferee, that nominee
or trustee, as the case may be, as the nominee of, or trustee for, the
transferee with the same priority as the transferor, and to the extent
of that liability, shall be available to the transferee as security for
the payment or discharge of that liability, and if any such security
extends to future advances or future liabilities, shall be held by
and be available to the transferee as security for future advances
by or future liabilities to the transferee in the same manner in all
respects as future advances by or future liabilities to the transferor
were secured thereby immediately before the vesting date;

(g) in addition to any other right, power or remedy granted to the transferee
in this Schedule, the transferee shall have the rights, powers and
remedies (and in particular the rights and powers as to taking or
resisting legal or other proceedings or making or resisting applications
to any authority) for ascertaining, protecting or enforcing the rights,
title, interests and disclosed obligations vested in the transferee

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including those rights, title, interests or obligations in respect of any
legal or other proceedings or applications to any authority pending
immediately before the vesting date by or against the transferor,
and resisting any disclosed claims or registered interests as if they
had at all times been the rights, title, interests or obligations of the
transferee;

(h) a judgment or award obtained by the transferor and not fully satisfied
before the vesting date shall be enforceable by the transferee;

(i) no acquisition by the transferee or disposal by the transferor, shall be
void or voidable by reason of the application of any law;

(j) where any—

(i) profit or other return; or

 (ii) interest,

payable under any agreement is to be determined by reference to the
cost of funds or base lending rate or other reference point of the
transferor, or is no longer determinable as provided in the agreement,
the return or interest payable under such agreement shall be as
prescribed by regulations made under section 94 or in any particular
case, as the transferee may agree with the obligor;

 (k) where the custody of any goods, things or documents is held by the
transferor as bailee immediately before the vesting date, such goods,
things or documents shall be deemed to have passed to the transferee
and the rights and disclosed obligations of the transferor under any
contract of bailment shall be transferred free of any claim save for
disclosed claims;

(l) a negotiable instrument or order for payment of money given to or
drawn on or accepted by the transferor, whether so given, drawn or
accepted before, on or after the vesting date, shall have the same
effect on and from the vesting date, as if it had been given to or
drawn on or accepted by the transferee; and

 (m) any account between the transferor and its customer shall become
an account between the transferee and the customer, subject to the
conditions and incidents as theretofore, and such account to be
deemed for all purposes to be a single continuing account.

(8) Without prejudice to subparagraphs (1), (2), (3), (4), (5), (6) and (7), a
vesting of any business, assets or liabilities in the transferee shall not, unless
otherwise provided for in the vesting order—

 (a) be regarded as placing—

 (i) the transferee;

 (ii) the transferor;

(iii) any person deriving title from the transferee; or

(iv) any other person,

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in breach of or default under, any contract, agreement, undertaking,
guarantee, indemnity or any other arrangement, or in breach of
confidence;

 (b) be regarded as giving rise to a right or duty for any person to—

(i) terminate, cancel, modify or replace an agreement;

(ii) enforce or accelerate the performance of an obligation; or

(iii) require the performance of an obligation not otherwise arising
for performance;

 (c) be regarded as placing the transferor, the transferee or any other
person in breach of any law or agreement prohibiting, restricting
or regulating the assignment, sale, disposal or transfer of any asset
or disclosure of information;

(d) release a surety from an obligation;

(e) invalidate or discharge a contract or security; or

 (f) be regarded as terminating, cancelling or varying any rights, privileges,
exemptions (including any tax exemptions) or priorities to which
the transferor was entitled and which by virtue of this Schedule has
vested in the transferee.

(9) Without prejudice to the generality of subparagraphs (1), (2), (3), (4),
(5), (6), (7), and (8) but subject to paragraph 4, in any proceedings brought
by or against any transferee in respect of any business, assets or liabilities
vested in the transferee pursuant to this Schedule, no person shall, unless such
claim is a disclosed claim, raise as a claim or defence to such proceedings
any of the following matters:

(a) that, that person has had or would have had a set-off or counterclaim
against the transferor or any other person;

(b) that any person had a prior interest, whether legal or equitable, in the
business, assets or liabilities;

(c) that any person was a party to or privy to any fraud, duress, coercion,
undue influence or misrepresentation;

(d) that there was a mistake of law or fact;

(e) that any agreement to which the business, assets or liabilities relates
was in furtherance of an illegal purpose or that any consideration
given or received thereunder was unlawful, or that the object of
the agreement which constitutes or is one of the constituents of the
business, assets or liabilities is unlawful;

(f) that there was a total failure of or no consideration or there was any
partial failure of consideration;

(g) that the person who executed, is deemed to have executed or who is
a party to, any document of title for the assets or written contract
which evidences, gives rise to or secures the asset or liability, did
not understand the document;

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(h) that the person who executed, is deemed to have executed or who is
a party to, any document of title for the asset or written contract
which evidences, gives rise to or secures the asset or liability did
not have the capacity or the authority to do the same; and

(i) that there is an error in any statement of account issued by the
transferor or any other person in respect of the liability or any debt
to which the assets relate.

Vesting of shares or other capital instruments

5. (1) A vesting order shall provide for the vesting of any shares or other capital
instruments of a financial institution which has ceased to be viable or which
the Bank considers likely to become non-viable under subparagraph 32(1)(c)(iii)
to take effect free from any trust, liability, adverse claim or other
encumbrances.

(2) A vesting order for the vesting of any shares or other capital instruments
may provide for—

(a) the extinguishment of rights of holders of warrants or other instruments
that entitle the holder to acquire shares in the financial institution
which has ceased to be viable or which the Bank considers likely
to become non-viable under subparagraph 32(1)(c)(iii);

(b) the financial institution which has ceased to be viable or which the
Bank considers likely to become non-viable under subparagraph
32(1)(c)(iii) to not issue any further shares, warrants, or such other
securities which are convertible or exchangeable into shares in such
financial institution;

(c) any shares or capital instruments of a financial institution which has
ceased to be viable or which the Bank considers likely to become
non-viable under subparagraph 32(1)(c)(iii) to be converted from
one form or class to another; or

(d) the removal from the official list of any stock exchange the shares of
the transferor or a particular class of securities of the transferor.

Preservation of rights

6. (1) A person who is precluded from making a claim against any transferee or
is precluded from raising a defence against that transferee under this Schedule,
shall be entitled to seek compensation against the transferor in respect of such
claim.

(2) Where the court is satisfied that the person referred to in subparagraph (1)
has a claim against the transferor including any prior equitable interest in
the assets which that person could have raised or claimed but is precluded
by subparagraph 4(9) that person shall be entitled to such compensation
from the transferor in respect of such claim as the court considers fair and
reasonable.

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Additional provisions on land

7. (1) Notwithstanding the provisions of the National Land Code, the Land
Ordinance relating to the State of Sabah, the Land Code relating to the State
of Sarawak or any other law, any caveat, prohibitory order or any other
encumbrance which was entered, endorsed, registered or lodged, prior to, on
or after, the vesting date shall not prevent a vesting of any interest in land
of the transferor to the transferee.

(2) Where a vesting order vests in the transferee, any interest in land—

 (a) in Peninsular Malaysia, on receipt of—

(i) payment of the prescribed fee; and

(ii) the vesting order,

the Registrar under the National Land Code shall, without the need
for any further application or filing of any further document, make
a memorial on the register document of title and make such other
entries and generally do all things as may be necessary to give effect
to the vesting;

(b) in Sabah, on receipt of—

(i) payment of the prescribed fee; and

(ii) the vesting order,

the Registrar under the Land Ordinance relating to the State of Sabah
shall, without the need for any further application or filing of any
further document, make a memorial on the register document of title
and make such other entries and generally do all things as may be
necessary to give effect to the vesting; and

(c) in Sarawak, on receipt of—

(i) payment of the prescribed fee; and

(ii) the vesting order,

the Registrar under the Land Code relating to the State of Sarawak
shall, without the need for any further application or filing of any
further document, make a memorial on the register document of title
and make such other entries and generally do all things as may be
necessary to give effect to the vesting.

(3) Notwithstanding any provision in the National Land Code, the Land
Ordinance relating to the State of Sabah, the Land Code relating to the State
of Sarawak or any other law, a vesting order shall be effective to vest an
interest in land in the transferee as of the vesting date and shall be conclusive
evidence of such vesting.

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Other Registration Authorities to give effect to vesting order

8. (1) Notwithstanding the provisions of any other law, any Registration
Authority other than the Registrar under the National Land Code, the Registrar
under the Land Ordinance relating to the State of Sabah and the Registrar under
the Land Code relating to the State of Sarawak, shall, on receipt of—

(a) payment of the prescribed fee; and

(b) the vesting order,

without the need for any further application or filing of any further documents,
do all things and make all entries or memorials in any register or record kept
by the Registration Authority as may be necessary to give effect to the vesting
of any business, assets or liabilities, shares or other capital instruments referred
to in subparagraph 32(1)(c)(iii) to which the vesting order relates.

(2) For the purpose of this paragraph, subsection 112A(1) of the Companies
Act 1965 shall be deemed to apply to the transferee as if for the word “thirty”
in that subsection the words “one hundred and eighty” had been substituted.

Automatic substitution in any legal or other proceedings

9. Notwithstanding the provisions of any other law, every registrar of courts
shall automatically upon receipt of a copy of the vesting order do all things
and make all entries in any register or record kept by such registrar as may
be necessary to give effect to the automatic substitution of the transferee in
place of the transferor as a party in any legal or other proceedings.

Immunity of Registration Authority

10. A Registration Authority shall not be liable to any person in respect of
the making of any memorial on or entry in the register document of title or
any other register or record in reliance of the vesting order.

Replacement vesting order

11. (1) The Bank may, by order published in the Gazette, make a new vesting
order (in this paragraph referred to as “replacement vesting order”) to replace
any vesting order it has previously made in order to rectify any omission or
error in the vesting order.

(2) Any replacement vesting order made by the Bank under subparagraph (1)
stating that any business, assets, liabilities, shares or other capital instruments
have been vested in the transferee shall be conclusive evidence of such vesting
as of the vesting date stipulated in the replacement vesting order.

(3) If any law stipulates a time period within which a vesting of any of
the assets stated to be the subject of a replacement vesting order made under
subparagraph (1) shall be registered or filed, that period shall commence from
the date the replacement vesting order is made.

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(4) Any act done by a transferee, transferor or any other person, in reliance
of a vesting order previously made shall not be affected by any omission or
error rectified in a replacement vesting order made under subparagraph (1).

(5) For the purposes of this Act, any reference to a vesting order shall
be deemed to include a reference to a replacement vesting order made under
subparagraph (1).

Transfer of foreign assets and foreign liabilities

12. (1) This paragraph applies in relation to foreign assets and foreign liabilities
held by the transferor.

(2) For the purposes of this paragraph—

“foreign assets” means assets of the transferor outside Malaysia;

“foreign law” means the law of the country or territory outside Malaysia
in which the assets of the transferor are situated or liabilities of the transferor
are to be discharged;

“foreign liabilities” means the liabilities of the transferor to be discharged
outside Malaysia.

(3) The transferor and transferee shall each take any necessary steps to ensure
that the vesting of any foreign assets or foreign liabilities of the transferor
is effective under foreign law where such vesting is not wholly effective by
virtue of the vesting order.

(4) Until the vesting of foreign assets or foreign liabilities is effective
under foreign law, the transferor shall—

(a) hold the assets as a trustee for the benefit of the transferee together
with any additional asset or right accruing by virtue of the original
asset or right; and

(b) discharge any liability on behalf of the transferee.

(5) The transferee must meet any expenses of the transferor in complying
with this paragraph.

(6) An obligation imposed by this paragraph is enforceable as if created
by contract between the transferor and transferee.