Malaysia legislation

Section 35

of Act 627

Section 35

Production of person's books, etc.

(2)

Notwithstanding the generality of subsection (1), any officer of the Bank authorized by the Bank in writing for this purpose may take possession of any apparatus, equipment, machinery, books or other documents, accounts, titles, securities or cash to which he has access under subsection (1) if in his opinion—

(a)

the inspection of them, the copying of them or the making of extracts from them cannot reasonably be undertaken without taking possession of them;

(b)

it may be interfered with or destroyed unless he takes possession of them; or

Payments Systems

(c)

it may be needed as evidence in any legal proceedings, whether civil or criminal, which may be instituted under or in connection with this Act, the Central Bank of Malaysia Act 1958 or any other written law.

(3)

A person who is or was at any time—

(a)

a director or officer of an operator or issuer;

(b)

an agent of or who performs any of the functions of an operator or issuer;

(c)

a participant of a payment system or user of a payment instrument; or

(d)

an auditor of an operator or issuer, shall give such information or document as the Bank may require within such time as the Bank may specify in carrying out an examination under section 34.

(4)

An auditor referred to in paragraph (3)(d) shall not be liable for breach of contract relating to, or duty of, confidentiality for giving any information or document to the officer carrying out the examination.