Schedule 11 SCHEDULE 11Supplementary
[Section 134] PERMITTED DISCLOSURES First column Second column Purposes for or circumstances in which Persons to whom documents or customer documents or information information may be disclosed may be disclosed 1. Documents or information which is Any person permitted by the customer permitted in writing by the customer, or, as the case may be, the executor, the executor or administrator of the administrator or legal personal customer, or in the case of a customer representative. who is incapacitated, any other legal personal representative. 2. In connection with an application Any person whom a financial institution for a Faraid certificate, grant of in good faith believes is entitled to probate, letters of administration obtain a Faraid certificate, the grant or a distribution order under the of probate, letters of administration Small Estates (Distribution) Act 1955 or a distribution order. [Act 98] in respect of a deceased customer’s estate. 3. In a case where the customer All persons to whom the disclosure is declared bankrupt, is being or is necessary in connection with has been wound up or dissolved in the bankruptcy or winding up or Malaysia or in any country, territory dissolution. or place outside Malaysia. First column Second column Purposes for or circumstances in which Persons to whom documents or customer documents or information information may be disclosed may be disclosed 4. Any criminal proceedings or All persons to whom the disclosure civil proceedings between a financial is necessary for the purpose of institution and— the criminal proceedings or civil proceedings. (a) its customer, his surety or guarantor relating to the customer’s transaction; (b) two or more parties making adverse claims to money in a customer’s account where the financial institution seeks relief by way of interpleader; or (c) one or more parties in respect of property in or over which some right or interest has been conferred on the financial institution. 5. Compliance by a licensed bank All persons to whom the disclosure or licensed investment bank which is required to be made under the has been served a garnishee order garnishee order. attaching moneys in the account of a customer. 6. Compliance with a court order All persons to whom the disclosure made by a court not lower than a is required to be made under the Sessions Court. court order. 7. Compliance with an order or An investigating officer authorized request made by an enforcement under the written law to investigate agency in Malaysia under any written or any officer authorized to carry out law for the purposes of an investigation prosecution or any court. or prosecution of an offence under any written law. 8. Performance of functions of Any director or officer of the Malaysia the Malaysia Deposit Insurance Deposit Insurance Corporation or Corporation. any other person, authorized by the Malaysia Deposit Insurance Corporation to receive the documents or information. First column Second column Purposes for or circumstances in which Persons to whom documents or customer documents or information information may be disclosed may be disclosed 9. Disclosure by a licensed A n y o ff i c e r o f t h e S e c u r i t i e s investment bank for the purpose of Commission, approved stock exchange performance of relevant functions or derivatives exchange, approved of— clearing house under the Capital Markets and Services Act 2007 or (a) the Securities Commission approved central depository under under the securities laws the Securities Industry (Central as defined in the Securities Depositories) Act 1991 authorized Commission Act 1993; to receive the documents or (b) the stock exchange or derivatives information. exchange approved under the Capital Markets and Services Act 2007; (c) the clearing house approved under the Capital Markets and Services Act 2007; or (d) the central depository approved under the Securities Industry (Central Depositories) Act 1991 [Act 453]. 10. Disclosure by a licensed bank Any officer of the approved trade or licensed investment bank for the repository authorized to receive the purpose of performance of functions documents or information. of an approved trade repository under the Capital Markets and Services Act 2007. 11. Documents or information Any officer of the Inland Revenue is required by the Inland Revenue Board of Malaysia authorized to receive Board of Malaysia under section the documents or information. 81 of the Income Tax Act 1967 for purposes of facilitating exchange of information pursuant to taxation arrangements or agreements having effect under section 132 or 132A of the Income Tax Act 1967. 12. Disclosure of credit information Any officer of the credit reporting of a customer to a credit reporting agency authorized to receive the agency registered under the Credit documents or information. Reporting Agencies Act 2010 [Act 710] for purposes of carrying on credit reporting business as defined in the Credit Reporting Agencies Act 2010. First column Second column Purposes for or circumstances in which Persons to whom documents or customer documents or information information may be disclosed may be disclosed 13. Performance of any supervisory Any officer of the relevant authority functions, exercise any of supervisory authorized to receive the documents powers or discharge any of supervisory or information. duties by a relevant authority outside Malaysia which exercises functions corresponding to those of the Bank under this Act. 14. Conduct of centralized functions, The head office or holding company which include audit, risk management, of a financial institution whether in finance or information technology or or outside Malaysia or any other any other centralized function within person designated by the head office the financial group. or holding company to perform such functions. 15. Due diligence exercise approved Any person participating or otherwise by the board of directors of the involved in the due diligence exercise financial institution in connection approved by the board of the financial with— institution. (a) merger and acquisition; (b) capital raising exercise; or (c) sale of assets or whole or part of business. 16. Performance of functions of Any person engaged by the financial the financial institution which are institution to perform the outsourced outsourced. function. 17. Disclosure to a consultant or Consultant or adjuster engaged by adjuster engaged by the financial the financial institution. institution. 18. A financial institution has reason Any officer of another financial to suspect that an offence under any institution or the relevant associations written law has been, is being or may of financial institutions authorized be committed. to receive the documents or information. Schedule 12 [Subsection 139(2)] RESTRICTION ON USE OF CERTAIN WORDS Part 1 Bank 1. An association of licensed banks or licensed investment banks, or association of employees of any such licensed persons. Part 2 Insurance or Assurance 2. A person who appends to his name an insurance qualification conferred on him by a prescribed body, where the qualification so appended is followed with the initials of the name of that body. 3. An association of licensed insurers, approved insurance brokers, approved financial advisers, registered adjusters or association of employees of any such persons. 4. An insurance agent registered with any association of licensed insurers. Part 3 Financial Adviser 5. A licensed insurer. 6. An approved insurance broker. 7. A licensed bank. 8. A licensed investment bank. 9. A licensed takaful operator or approved takaful broker under the Islamic Financial Services Act 2012. 10. A person who appends to his name an insurance qualification conferred on him by a prescribed body, where the qualification so appended is followed with the initials of the name of that body. 11. An association of approved financial advisers or association of employees of any such approved persons. Schedule 13 [Subsection 177(1)] ADDITIONAL PROVISIONS RELATING TO COMPULSORY TRANSFER The Third Schedule of the Central Bank of Malaysia Act 2009 shall apply in relation to an order of the Bank under Subdivision 4, Division 2, Part XIII with the following modifications: 1. A reference to subsection 36(18) in paragraph 1 of the Third Schedule is a reference to section 175 of this Act. 2. A reference to subparagraph 32(1)(c)(iii) in the Third Schedule is a reference to section 176 of this Act. 3. A reference to subsection 32(1a) in subparagraph 2(5) of the Third Schedule is a reference to section 209 of this Act. 4. A reference to section 94 in subparagraph 4(7)(j) of the Third Schedule is a reference to section 260 of this Act. 5. A reference to “shares or other capital instruments” in the Third Schedule is not applicable for the purposes of this Subdivision. 6. Paragraph 5 of the Third Schedule is not applicable for the purposes of this Subdivision. Schedule 14 [Subsection 214(2)] LIST OF TRANSACTIONS 1. The act of— (a) buying, selling, exchanging, borrowing or lending; (b) issuing, publishing or disseminating information in any form or advertisements which may lead, directly or indirectly, to the buying, selling, exchanging, borrowing or lending; or (c) retaining or using, of foreign currency, gold or other precious metals; 2. The act of— (a) borrowing or lending; or (b) issuing, publishing or disseminating information in any form or advertisements which may lead, directly or indirectly, to the borrowing or lending, of ringgit between non-residents or between a resident and a non-resident; or (c) retaining or using of ringgit by a non-resident; 3. The making of any payment by a person to another person including a payment— (a) to or for the credit of a non-resident; (b) by a resident or a non-resident; (c) as consideration for or in association with— (i) the receipt of a payment or the acquisition of a property, outside Malaysia, by any person; or (ii) the creation in favour of, or the transfer to, any person, of a right to receive a payment or to acquire a property, outside Malaysia; (d) under a judgment or order of any court or an award of any arbitrator or under any written law in favour of a non-resident, or a resident outside Malaysia; or (e) for settlement of property in favour of a non-resident, or a resident outside Malaysia, other than— (A) payment in ringgit between residents in Malaysia; and (B) payment in foreign currency between non-residents outside Malaysia; 4. The receiving of any payment in paragraph 3; 5. The giving or obtaining of any guarantee, indemnity or undertaking in respect of any debt, obligation or liability; 6. The issuance, transfer or substitution or the doing of any act in relation to a security or a financial instrument other than— (a) the issuance or transfer of any ringgit-denominated security between residents in Malaysia; or (b) the substitution of any ringgit-denominated security for other ringgit-denominated security between residents in Malaysia; 7. The importing into, or exporting from, Malaysia, of any ringgit, foreign currency, gold, other precious metals, security, financial instrument or any other article as may be specified by the Bank; 8. The act of— (a) receiving export proceeds by any person in Malaysia— (i) for an amount that is less than the full value of the subject matter exported; or (ii) in a manner or within a period other than those as may be specified by the Bank; or (b) doing or refraining from doing any act by any person in Malaysia which would lead to or result in the non-receipt of export proceeds, in whole or in part; or 9. The doing or refraining from doing any act by any person in Malaysia, who has a right to receive an amount of ringgit or foreign currency, which would lead to or result in the delay or the non-receipt of the amount, in whole or in part. Schedule 15 [Paragraph 234(3)(b)] IMPOSITION OF MONETARY PENALTY A monetary penalty may be imposed in respect of a breach or non-compliance with the following provisions or standards, requirements, conditions, specifications, restrictions or otherwise made or imposed pursuant to such provisions: 1. subsection 15(3), (4), (5), (6) or (7); 2. subsection 16(2); 3. subsection 18(2); 4. subsection 25(1) or (2); 5. subsection 33(2); 6. section 34; 7. subsection 35(1), (2) or (3); 8. subsection 48(1) or (2); 9. section 49; 10. subsection 50(1); 11. subsection 51(1); 12. section 52; 13. subsection 54(1), (2), (3) or (4); 14. subsection 55(1), (2) or (3); 15. subsection 56(1), (2) or (3); 16. paragraph 57(1)(a), (b) or (d); 17. subsection 58(1), (2), (3) or (4); 18. subsection 59(2); 19. subsection 60(1); 20. subsection 61(1) or (2); 21. section 62; 22. section 64; 23. section 65; 24. subsection 66(1) or (2); 25. subsection 67(1), (2) or (3); 26. subsection 69(1) or (3); 27. section 70; 28. section 71; 29. section 72; 30. subsection 74(1), (2), (3) or (4); 31. section 76; 32. paragraph 77(c); 33. subsection 78(1) or (2); 34. section 79; 35. subsection 81(1), (2) or (3); 36. subsection 82(1) or (3); 37. section 83; 38. subsection 84(1); 39. subsection 85(1); 40. subsection 87(1) or (2); 41. subsection 88(1); 42. section 89; 43. subsection 90(3), (7) or (10); 44. subsection 91(2); 45. section 92; 46. subsection 93(1); 47. subsection 94(6); 48. subsection 97(1), (2), (4), (5) or (6); 49. section 99; 50. subsection 100(1), (2), (3) or (6); 51. subsection 101(1) or (2); 52. subsection 103(1); 53. subsection 105(1) or (2); 54. section 107; 55. subsection 110(1) or (3); 56. section 111; 57. subsection 112(1), (3) or (4); 58. subsection 114(1) or (2); 59. subsection 115(4); 60. subsection 123(1); 61. subsection 125(1); 62. subsection 126(4); 63. subsection 127(1) or (3); 64. subsection 140(4); 65. subsection 143(1) or (2), paragraph 143(3)(b), subsection 143(4) or (6); 66. subsection 144(1); 67. subsection 150(1); 68. subsection 217(2); 69. subsection 280(4); 70. subsection 281(2); 71. paragraph 10 of Schedule 8; or 72. any requirement imposed on a licensed insurer in Schedules 8, 9 and 10, except for paragraph 11 of Schedule 9. Schedule 16 [Section 272] LIST OF SUBSIDIARY LEGISLATION REVOKED 1. Banking and Financial Institutions (Single Customer Credit Limit) Order 2000 [P.U. (A) 352/2000] 2. Banking and Financial Institutions (Minimum Amount of Capital Funds) (Licensed Discount Houses and Licensed Money-Brokers) Order 2001 [P.U. (A) 63/2001] 3. Banking and Financial Institutions (Scheduled Institutions) (Regulation of Credit Token Institutions) Order 1999 [P.U. (A) 327/1999] 4. Banking and Financial Institutions (Acquisition and Holding of Shares and Interests in Shares) (Licensed Banks, Licensed Finance Companies and Licensed Merchant Banks) Regulations 1991 [P.U. (A) 189/1991] 5. Exchange Control (Scheduled Territories) Order 1973 [P.U. (A) 119/1973] 6. Authorisation to Compound Offences [P.U. (B) 163/1979] 7. Exchange Control (Specified Currency) Order 1986 [P.U. (A) 463/1986] 8. Appointment under subsection 3(2) [P.U. (B) 504/1998] 9. Exchange Control (Money-Changing Business) (Exemption) Order 2000 [P.U. (A) 186/2000] 10. Authorization under subparagraph 8(1) of Part II of the Fifth Schedule [P.U. (B) 58/2001] 11. Appointment under subsection 3(2) [P.U. (B) 206/2007] 12. Payment Systems (Remittance System Approved under the Money Services Business Act 2011) (Exclusion) Order 2011 [P.U. (A) 399/2011] 13. Insurance Guarantee Scheme (General Insurance Business) Fund Regulations 1990 [P.U. (A) 8/1990] 14. Insurance Guarantee Scheme Fund (General Insurance Business) (Restriction on Payment) Regulations 1994 [P.U. (A) 377/1994] 15. Insurance Guarantee Scheme (General Insurance Business) Fund (Amendment) Regulations 1990 [P.U. (A) 278/1994] DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA