Malaysia legislation
Section 2
Section 2
(a)
any corporation sole;
(b)
any society registered under any written law relating to co-operative societies; or
(c)
any trade union registered under any written law as a trade union;
"dealer" means a person who acts as a dealer within the meaning of section 33 and who is registered as such under this Act;
"dealer's representative" means a person who acts as a dealer's representative within the meaning of section 35 and who is registered as such under this Act;
"default", in relation to the failure of a dealer or a member to perform a legal obligation, means a default arising from any breach of trust, defalcation, fraud or misfeasance committed by the dealer, the dealer's ioner of Com ection 9 and provided and or the trading commodities wise;
person who the meaning ch under this ative" means ling adviser's ction 36 and compensation
7, means the ion of the formed or or outside ny but does written law any written aler within red as such who acts leaning of under this ealer or a default fraud or dealer's
COMMODITIES TRADING representative or a member or by any director, partner or employee, as the case may be, of the dealer or member in respect of any money, futures contract or other property of a person who is a client of the dealer or member;
"director" includes any person occupying the position of director of a corporation by whatever name called and includes a person in accordance with whose directions or instructions the directors of a corporation are accustomed to act and an alternate or substitute director;
"exchange company" means any company approved by the Minister under section 19 to establish and operate a commodity exchange;
"financial year", in relation to any corporation, means the period in respect of which any profit and loss account of the corporation laid before it in general meeting is made up, whether that period is a year or not;
"firm" means an unincorporate body of two or more persons;
"Fund" means the Commodities Trading Commission Fund established under section 13;
"futures contract" means a contract or an option on a contract executed on any commodity exchange to buy or sell a commodity for future delivery;
"legal obligation" includes an obligation arising under a contract, quasi-contract or trust (including a constructive trust);
"licensed bank" means a bank licensed under the Banking Act 1973;
"Management Board" means the management board of the exchange company;
"Minister" means the Minister for the time being responsible for commodities futures trading;
"registered person" means a person who is registered under this Act as a dealer, dealer's representative, commodity trading adviser or commodity trading adviser's representative, as the case may be;
"rules of the commodity market" means the rules governing the conduct of the commodity market concerned or persons who trade in commodity futures contracts in the commodity or commodities concerned, by whatever name such rule may be called and wherever contained;
"trading in commodity futures contracts", in relation to any person, whether acting as principal or agent, means making or offering to make an agreement with any other person in Malaysia or inducing or attempting to induce any other person in Malaysia to enter into or offer to enter into any agreement for the purchase or sale of a commodity under a futures contract or facilitating the conclusion of such an agreement.
(2)
For the purposes of this Act, a director or employee of a corporation, or a partner or employee of a firm, shall be deemed to be accredited to the corporation or firm, as the case may be, if he is, in his capacity as such director, partner or employee, duly authorized by the corporation or firm to act for or on behalf of that corporation or firm for the purpose of trading in commodity futures contracts.
"Specified Commodity Exchange" means any overseas commodity exchange specified by the Minister by order from time to time;