Malaysia legislation
Section 28
Section 28
(2)
The requirements of subsection (1) shall not apply in any case where the interest of the director consists only of being a member or creditor of a corporation, which is interested in an advance, loan or credit facility or proposed advance, loan or credit facility from that licensed bank if the interest of the director may properly be regarded as not being a material interest.
(3)
For the purposes of subsection (1), a general notice given to the board of directors of a licensed bank by a director to the effect that he is an officer or member of a specified firm or a member of a specified corporation and he is to be regarded as interested in any advance, loan or credit facility which may, after the date of the notice, be made to that firm or corporation shall be deemed to be a sufficient declaration of interest in relation to any advance, loan or credit facility so made if—
(a)
it specifies the nature and extent of his interest in a specified firm or corporation;
(b)
his interest shall not be different in nature or greater in extent than the nature and extent so specified in the notice at the time any advance, loan or credit facility is made; and
(c)
it is given at the meeting of the directors or the director takes reasonable steps to ensure that it is brought up and read at the next meeting of the directors after it is given.
(4)
Every director of a licensed bank who holds any office or possesses any property whereby whether directly or indirectly duties or interest might be created in conflict with his duties or interest as a director shall declare at a meeting of the directors of the licensed bank the fact and the nature, character and extent of the conflict.
(a)
after he becomes a director of the licensed bank; or
(5)
The declaration referred to in subsection (4) shall be made at the first meeting of the directors held—
(b)
(if already a director) after he commenced to hold office or to possess the property as the case may require.
(6)
The secretary of the licensed bank shall cause to be brought up and read any declaration made under subsection (1) or (4) at the next meeting of the directors after it is given, and shall record any declaration made under this section in the minutes of the meeting at which it was made or at which it was brought up and read.
(7)
Any director who acts in contravention of subsection (1) or (4) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.