Malaysia legislation

Section 9A

of *LABUAN COMPANIES ACT 1990

Section 9A

(2)

A Labuan trust company or any other person approved by the

Authority shall become a subscriber to the service provided under subsection (1) and shall pay the prescribed fee and comply with such terms and conditions as may be determined by the Authority.

(3)

A document electronically lodged or filed under this section shall be deemed to have satisfied the requirement for lodgement or filing if the document is communicated or transmitted to the

Authority in such manner as may be specified or approved by the

Authority.

(4)

The Authority may, by notice in writing, specify the documents that may be electronically lodged or filed.

(5)

A document that is required to be certified or authenticated shall, if it is to be electronically lodged or filed, be certified or authenticated in such manner as may be specified or approved by the

Authority.

(5A)

Notwithstanding subsection (5), a document which is signed electronically may not be required to be certified or authenticated as required under that subsection.

(6)

Where a document is electronically lodged or filed with the

Authority, the Authority or its authorized agents shall not be liable for any loss or damage suffered by any person by reason of any error or omission of whatever nature or however arising appearing in any

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document obtained by any person under the service referred to in subsection (1) if such error or omission was made in good faith and in the ordinary course of the discharge of the duties of the

Authority or of its authorized agents or occurred or arose as a result of any defect or breakdown in the service or in the equipment used for the provision of the service.

(7)

Where a document is electronically lodged or filed in place of a statutory declaration, there must be lodged or filed electronically with the Authority a declaration in the manner prescribed by the

Authority, and such declaration shall be deemed to be a declaration under sections 199 and 200 of the Penal Code.

(8)

Where a document electronically lodged or filed does not comply with the provisions relating to electronic filing under this

Act, the Authority has the right to serve a notice on the Labuan trust company for the non-compliance, and if a replacement document is lodged or filed within the prescribed time, the replacement document shall be deemed to be lodged or filed in accordance to the requirement of this Act, and no penalty shall be imposed during this prescribed period.

Evidentiary value of electronically lodged or filed documents