Malaysia legislation
Section 61B
Section 61B
(2)
If a person has committed a breach and the Commission is satisfied that it is appropriate in all the circumstances to take action
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against that person, the Commission may take any one or more of the following actions:
(a)
direct the person in breach to comply with, observe, enforce or give effect to the requirements or provisions of this Act or any regulations made under this Act or any conditions of an appointment or approval under or pursuant to this Act or rules of a central depository which he has failed to comply with, observe, enforce or give effect to;
(b)
impose a penalty in proportion to the severity or gravity of the breach on the person in breach, but which in any event shall not exceed one million ringgit;
(c)
reprimand the person in breach;
(d)
instruct the central depository—
(i)
to specify any securities account or any deposited security in a securities account of the person in breach as being under suspense; or
(ii)
to specify any deposited security in a securities account of the person in breach as being in suspense; or
(e)
require the person in breach to take such steps as the
Commission may direct to remedy the breach or mitigate the effect of such breach, including making restitution to any other person aggrieved by such breach.
(3)
For the purposes of paragraph (2)(e), in determining whether or not restitution is to be made by a person in breach, the
Commission shall have regard to—
(a)
the profits that have accrued to such person in breach; or
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(b)
whether any person has suffered loss or been otherwise adversely affected as a result of the breach.
(4)
Nothing in this section shall preclude—
(a)
the Commission from taking any of the actions that it is empowered to take under this Act or any securities laws against the person in breach; and
(b)
the exchange holding company or central depository, as the case may be, from taking any action under the relevant rules.
(5)
For the purposes of this section—
(a)
―in suspense‖ shall have the same meaning as is assigned to that expression under section 41;
(b)
―under suspense‖ shall have the meaning as is assigned to that expression under the rules.
Indemnity