s 39 Withdrawal of approval
(1) The Commission may, with the concurrence of the Minister, by notice in writing— (a) withdraw its approval granted under subsection 38(4) to an approved clearing house with effect from the date specified in the notice; or (b) direct the approved clearing house to cease to provide or operate, or to cease to provide such services, as are specified in the notice, with effect from the date specified in the notice. (2) The Commission shall not withdraw its approval or issue a direction under subsection (1) unless the Commission is satisfied that it is appropriate to do so for the protection of investors or in the public interest or for the proper regulation of the clearing and settlement of transactions in securities or futures contracts, where any of the following circumstances occurs: (a) the approved clearing house ceases to provide clearing facilities; (b) the approved clearing house is being wound up or otherwise dissolved, whether within or outside Malaysia; (c) the approved clearing house has contravened section 9 or any term or condition of its approval or is charged with any offence under any securities laws; (d) the approved clearing house has failed to comply with a condition, requirement or direction given under section 26, 354 or 355; (e) any information provided for the purposes of section 38 was false or misleading in a material particular; (f) a judgement debt against the approved clearing house has not been satisfied in whole or in part; (g) a receiver, a receiver and manager, or an equivalent person has been appointed, whether within or outside Malaysia, in relation to or in respect of any property of the approved clearing house; (h) the approved clearing house has, whether within or outside Malaysia, entered into a compromise or scheme of arrangement with its creditors, being a compromise or scheme of arrangement that is still in operation; or (i) the approved clearing house has on its own accord applied to the Commission to withdraw the approval granted to it and the Commission, with the concurrence of the Minister, thinks it fit to do so. (3) For the purposes of paragraph (2)(a), the approved clearing house shall be deemed to have ceased to provide clearing facilities if it has ceased to provide such facilities for a period of one month unless it has obtained the prior approval of the Commission to do so. (4) Notwithstanding the withdrawal of an approval or the issuance of a direction under subsection (1), the Commission may permit the person approved to provide clearing facilities to continue, on or after the date on which the withdrawal or direction is to take effect, to carry on such activities affected by the withdrawal or direction as the Commission may specify in the notice published under that subsection for the purpose of— (a) closing down the operations of the approved clearing house or ceasing to provide the services specified in the notice; or (b) protecting the investors or the public interest. (5) Where the Commission has granted permission to the person approved to provide clearing facilities under subsection (4), the person shall not, by reason of its carrying on the activities in accordance with the permission, be regarded as having contravened section 37. (6) The Commission shall not take any action under subsection (1) without giving a person an opportunity to be heard.