Malaysia legislation

Section 8A

of PAWNBROKERS ACT 1972

Section 8A

(a)

if—

(i)

where the applicant is an individual person, the applicant;

(ii)

where the applicant is a company, a director, general manager, manager or secretary of the company or any other person holding a similar office or position in the company;

(iii)

where the applicant is a society, a president, vice-president, secretary or treasurer of the society or any other person holding a similar office or position in the society;

(iv)

where the applicant is a firm or other body of persons, a partner or any member of the firm or body of persons or any other person holding a similar office or position, is a person convicted of an offence involving fraud or dishonesty, or an offence under Chapter XVI or XVII of the Penal Code [Act 574], or is an undischarged bankrupt;

(b)

if at the time the application is made—

(i)

where the applicant is an individual person, the applicant;

(ii)

where the applicant is a company, a director, general manager, manager or secretary of the company or any other person holding a similar office or position in the company;

(iii)

where the applicant is a society, a president, vice-president, secretary or treasurer of the society or any other person holding a similar office or position in the society;

Pawnbrokers 15

(iv)

where the applicant is a firm or other body of persons, a partner or any member of the firm or body of persons or any other person holding a similar office or position, has, due to a conviction for an offence under this Act, been sentenced to a fine exceeding ten thousand ringgit or to imprisonment (other than imprisonment in default of a fine not exceeding ten thousand ringgit);

(c)

where the applicant is responsible for the management of any pawnbroking business, and the licence for that business has been revoked;

(d)

where satisfactory evidence has been produced that—

(i)

where the applicant is an individual person, the applicant;

(ii)

where the applicant is a company, a director, general manager, manager or secretary of the company or any other person holding a similar office or position in the company;

(iii)

where the applicant is a society, a president, vice-president, secretary or treasurer of the society or any other person holding a similar office or position in the society;

(iv)

where the applicant is a firm or other body of persons, a partner or any member of the firm or body of persons or any other person holding a similar office or position, is of bad character or is not a fit and proper person to hold a licence.

(2)

Any person aggrieved by the refusal of the Registrar to issue a licence may appeal to the Minister in the prescribed manner and the decision of the Minister shall be final.

Grant of a licence