s 356 Powers concerning compliance with conditions of licence, etc., by licensed persons
(1) Where a licensed person— (a) contravenes or fails to comply with, observe, enforce or give effect to any requirement or provision of this Act, any securities laws, written notice, guidelines, any condition of, or restriction on, a licence granted under or pursuant to this Act; or (b) performs or omits to perform any act in respect of any business carried on by the licensed person pursuant to a licence granted under or pursuant to this Act, that is likely to— (i) jeopardize the interests of the clients of the licensed person; or (ii) be prejudicial to the public interest, that licensed person has committed a breach. (2) If a licensed person has committed a breach and the Commission is satisfied that it is appropriate in all the circumstances to take action against that licensed person, the Commission may take any one or more of the following actions: (a) direct the person in breach to comply with, observe, enforce or give effect to any requirement or provision of this Act, any securities laws, any guidelines, written notice, any condition of, or restriction on, a licence granted under or pursuant to this Act, as the case may be; (b) impose a penalty in proportion to the severity or gravity of the breach on the person in breach, but which in any event shall not exceed five hundred thousand ringgit; (c) reprimand the person in breach; (d) require the person in breach to take such steps as the Commission may direct to remedy the breach or to mitigate the effect of such breach, including making restitution to any other person aggrieved by such breach. (3) The Commission shall not take any action under subsection (2) without giving the person in breach an opportunity to be heard. (4) For the purposes of paragraph (2)(d), in the determination of whether restitution is to be made by a person in breach, the Commission shall have regard to— (a) the profits that have accrued to such person in breach; or (b) whether any person has suffered loss or been otherwise adversely affected as a result of the breach. (5) Where the Commission takes an action under subsection (2) against any person under the rules of the stock or futures exchange, an approved clearing house or a central depository, the Commission shall serve a written notice on the stock or futures exchange, the approved clearing house or the central depository, as the case may be, of the grounds and the proposed action to be taken by the Commission. (6) Nothing in this section shall preclude the Commission from taking any of the actions that it is empowered to take under this Act or any securities laws against the person in breach. (7) Where a person has failed to pay a penalty imposed by the Commission under paragraph (2)(b), the penalty imposed by the Commission may be sued for and recovered as a civil debt due to the Government of Malaysia. (8) Without prejudice to any other remedy, where a direction under paragraph (2)(d) had required the person in breach to make restitution in the form of monetary payment, and the person in breach fails to pay the restitution, the Commission may sue for and recover the restitution as a civil debt due to the persons aggrieved by the breach. (9) To the extent that any of the amount obtained under paragraph (2)(d) or subsection (8) has not been distributed due to the difficulty of ascertaining or notifying the aggrieved persons, such amount shall be— (a) paid to the compensation fund or fidelity fund maintained under Part IV, as the case may be; 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.