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← Securities Commission Act 1993

Securities Commission Act 1993 s 112

Securities Commission Act 1993 s 112

Some sections could not be extracted from the official PDF, so this text may be incomplete.

s 112 Exemptions and indemnification of trustee from liability

(1) Subject to subsection (2), a provision or covenant contained in a deed or a term of a contract with the unit holders shall be void in so far as the provision, covenant or term, as the case may be, would have the effect ofβ€” (a) exempting a trustee under the deed from liability for contravention of any provision of this Act or for breach of trust or for failure to show the degree of care and diligence required of a trustee; or (b) indemnifying a trustee against liability for contravention of any provision of this Act or for breach of trust or for failure to show the degree of care and diligence required of a trustee. (2) Subsection (1) shall not invalidateβ€” (a) any release otherwise validly given in respect of anything done or omitted to be done by a trustee before the giving of the release; or (b) any provision, covenant or term enabling such a release to be givenβ€” (i) on the agreement thereto of a majority of not less than three-fourths of the holders of units voting at a meeting summoned for the purpose; and (ii) either with respect to specific acts or omissions or on the trustee ceasing to act.

Read this section in the full act β†’ Β· Open Part IV β†’

Find Act 498 on lom.agc.gov.my β†—

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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