Malaysia legislation

Section 34

of COMMODITIES TRADING ACT 1985

Section 34

(a)

for direct remuneration, carry on a business of advising any other person concerning the purchase or sale of futures contracts;

(b)

for direct remuneration, as part of a regular business, issue or circulate analyses or reports concerning the purchase or sale of futures contracts;

(c)

for direct remuneration, pursuant to a contract or arrangement with a client, undertake on behalf of the client the management of a portfolio of commodities, including the arranging of purchase, sale, exchange or storage of commodities, unless such person is registered as a commodity trading adviser under this Act.

er shall carry on actor or employee is registered as a arry on business stered as a dealer o a person who only through a contravenes this le on conviction ringgit and, in further fine of ring which the by any person, required to be is not registered any other party shall be entitled ing he may have

(3)

, no person on a business of learning the purs;

rt of a regular lyses or reports sale of futures it to a contract undertake on nent of a port-the arranging torage of commodity trading

(2)

Paragraph (a) of subsection (1) shall not apply to the giving of advice concerning the purchase or sale of futures contracts by a dealer to his client, if such activity is incidental to his carrying on business as a dealer.

(3)

Paragraphs (a) and (b) of subsection (1) shall not apply to the proprietor or publisher of, or contributor to, a publication that is generally available to the public otherwise than on subscription who only in that publication advises other persons concerning the purchase or sale of futures contracts, or issues or circulate analyses or reports concerning the purchase and sale of futures contracts, not being a proprietor or publisher of, or contributor to, a publication whose principal or only object is to advise others concerning the purchase or sale of futures contracts, or to issue or circulate analyses or reports concerning the purchase and sale of futures contracts.

(4)

For the purposes of subsection (3), "publication" means a bona fide newspaper, magazine, journal or other periodical publication.

(5)

Any person who knowingly contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding ten thousand ringgit and, in the case of a continuing offence, to a further fine of one hundred ringgit for each day during which the offence continues.