s 200 Civil action by Commission
(1) Where it appears to the Commission that any person has contravened section 175, 176, 177, 178, 179 or 181, the Commission may institute civil proceedings in the court against that person, whether or not that person has been charged with an offence in respect of the contravention, or whether or not a contravention has been proved in a prosecution. (2) For a proceeding instituted by the Commission under subsection (1) against any person who has contravened section 175, 176, 177, 178, 179 or 181, the Commission may, if it considers that it is in the public interest to do so, by civil action against such person in contravention— (a) recover an amount which shall not exceed three times the gross amount of pecuniary gain made or loss avoided by such person; and (b) claim civil penalty in such amount as the court considers appropriate having regard to the severity or gravity of the contravention, being an amount not exceeding one million ringgit. (3) An amount recovered by the Commission in an action under subsection (2) shall be applied— (a) firstly, to reimburse the Commission for all costs of the investigation and proceedings in respect of the contravention; and (b) secondly, to compensate persons who have suffered loss or damage as a result of the contravention. (4) If the Commission considers that it is not practicable to compensate the persons referred to in paragraph (3)(b), in view of the amount of any potential distribution to each person or the difficulty of ascertaining or notifying the persons whom it is appropriate to compensate, as the case may be, the Commission may decide not to distribute to the persons referred to in paragraph (3)(b). (5) To the extent that any of the amount obtained in a civil proceeding under subsection (1) has not been distributed pursuant to paragraph (3)(b), it shall be— (a) paid to the compensation fund maintained under Part IV; or (b) retained by the Commission to defray the costs of regulating the capital market, as the Commission, with the approval of the Minister, may determine. (6) Civil proceedings under subsection (2) or 199(1) may be commenced at any time within twelve years from— (a) the date on which the cause of action accrued; or (b) the date on which the Commission or the person who instituted the proceedings, as the case may be, discovered the contravention, whichever is the later. (7) Any right of action that is conferred under this section shall not affect the right of action that is conferred on a person who has suffered loss or damage referred to in subsection 199(1) or under any other law.