s 207 Application of insurance fund in winding up
(1) In the winding up of a licensed insurer, the assets of an insurance fund shall be applied to meet its liabilities to policy owners and claimants under policies of that fund and these liabilities shall have priority over unsecured liabilities of that fund, other than preferential debts set out in subsection 292(1) of the Companies Act 1965 and debts due and claims owing to the Government under section 10 of the Government Proceedings Act 1956, to the extent that they are apportioned to the insurance fund. (2) Subject to subsection (1)— (a) the assets of an insurance fund as established under section 81 shall first be applied to meet the liabilities of that fund; (b) where the assets of an insurance fund, other than a life fund relating to participating life policies, exceed its liabilities, the surplus assets may be applied to meet the liabilities of its other insurance funds which are in deficit and if the surplus assets of two or more insurance funds are applied, they shall be applied proportionately to the amounts of the surpluses and if the surplus assets are applied to meet the liabilities of two or more insurance funds which are in deficit, they shall be applied proportionately to the amounts of the deficits; (c) any deficit subsisting after application of the assets of the insurance funds under paragraphs (a) and (b) shall be met out of the assets of the shareholders’ funds, and unsatisfied liabilities to a policy owner and claimant under a policy shall have priority over other unsecured liabilities other than preferential debts specified under subsection 292(1) of the Companies Act 1965 and debts due and claims owing to to the Government under section 10 of the Government Proceedings Act 1956; and (d) any other assets held by the licensed insurer, including surplus assets in a life fund relating to participating life policies, shall be used in a manner as may be prescribed by the Bank. (3) Without limiting the generality of subsection (2), where the Bank under subsection 81(1) has specified that a licensed foreign insurer shall establish and maintain separate insurance funds for its Malaysian policies, in the winding up of the licensed foreign insurer, the assets of these funds— (a) shall only be applied to meet the liabilities of those funds; and (b) with effect from the date of the winding up of the licensed foreign insurer, shall not be sold, removed, dissipated, alienated, transferred, assigned, encumbered, distributed or otherwise dealt with in any manner whatsoever without the prior written approval of the Bank. (4) Notwithstanding anything to the contrary in section 340 of the Companies Act 1965 or the winding up order for a licensed foreign insurer, the provisions of this section shall prevail and have full force and effect. (5) Any person who contravenes paragraph (3)(b) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding fifty million ringgit or to both.