Section 45 — SECURITIES INDUSTRY (CENTRAL DEPOSITORIES) ACT 1991

(a)

which the depositor, or his personal representative, has given permission in writing to disclose;

(b)

in a case where the depositor is declared a bankrupt, or, if the depositor is a corporation, the corporation is being or has been wound up, in Malaysia or in any country, territory or place outside Malaysia;

(c)

for the purpose of instituting or, in the course of, any civil proceedings—

56 Laws of Malaysia ACT 453

(i)

between a central depository or an authorized depository agent and a depositor relating to the securities account of the depositor; or

(ii)

between a central depository or an authorized depository agent and two or more parties making adverse claims to securities or moneys in the securities account of the depositor, where the central depository or authorized depository agent seeks relief by way of interpleader;

(d)

to any person duly authorized to investigate into any offence under any law, such disclosure being, in any case, limited to the securities account and affairs of the depositor suspected of the offence;

(e)

to a central depository for purposes of the compilation of the record of depositors, or any part thereof, under section 34 of this Act;

(f)

to an issuer in respect of a record of depositors issued under section 34 of this Act;

(g)

for the purpose of enabling or assisting the Minister to exercise any power conferred on him by this Act or by any other written law;

(h)

for the purpose of enabling or assisting the Central Bank of Malaysia to discharge its functions under the Central

Bank of Malaysia Act 1958, the Banking and Financial

Institutions Act 1989 and the Islamic Banking Act 1983

or any other written law;

(i)

for the purpose of enabling or assisting the Commission to discharge its functions under this Act;

(j)

for the purpose of enabling or assisting a stock exchange or clearing house of a stock exchange to discharge its functions;

Securities Industry (Central Depositories) 57

(k)

for the purpose of enabling or assisting auditors of a central depository and authorized depository agents to discharge their functions;

(l)

in a summary or collection of information, framed in such a way so as not to enable the identity of any depositor, to whom the information relates, to be ascertained.

(2)

Subject to the provisions of this Act, nothing in section 43

shall entitle any person to refuse to disclose any information or document to the Minister or the Commission if the disclosure is required in the interests of investors or in the public interest.

Regulation of access to the computer system