Malaysia legislation

Section 90

of COMMODITIES TRADING ACT 1985

Section 90

(a)

which was entrusted to or received by the member or any director, partner or employee of the member for or on behalf of that person; and e authorized approval of inancing the institution for referred to in ation Fund, compensation d out of the he following incurred in made under ion to the rcise by the powers and in relation nistration of loss because connection tracts in any director, be, of the contract or iding costs, y or estab-pany under f the Com this Part.

ved by the or employee that person;

(b)

to which that person is entitled or in which he has a beneficial interest whether existing or contingent, he shall be entitled, subject to this Part, to claim compensation from the Compensation Fund for such pecuniary loss.

(2)

Subsection (1) does not entitle any member to make a claim against the Compensation Fund.

(3)

The exchange company shall not be obliged to consider and determine a claim against the Compensation Fund unless the person making the claim has satisfied the exchange company that he had made all efforts (other than by an action in court) to recover his loss from the member in relation to whom the claim arose or from any other person who is liable in respect of the loss.

(4)

Subject to this Part, the amount of compensation which any person is entitled to claim from the Compensation Fund is the amount of the actual pecuniary loss suffered by him, including the reasonable costs of and disbursements incidental to the making and proving of his claim, less any amount or value of money or other benefits received or receivable by him in reduction of the loss from any source other than the Compensation Fund.

(5)

In addition to any compensation payable under this Part, interest shall be payable out of the Compensation Fund on the amount of the compensation, less any amount attributable to costs and disbursements, at such rate as may be determined by the exchange company, which shall be calculated from the day on which the default was committed or believed to be committed and continue until the day on which the claim is satisfied.