Malaysia legislation

Section 39

of *CENTRAL BANK OF MALAYSIA ACT 2009

Section 39

(2)

In any civil proceedings against the Bank, in relation to any order issued by the Bank under subsection 31(1) or subparagraph 32(1)(c)(iii) or any other action, arrangement, scheme or measures of the Bank in connection with financial stability related or consequent to any such order or in relation to any other matter under this Chapter—

(a)

if any relief is sought as might in proceedings between parties be granted by way of injunction or specific

50 Laws of Malaysia ACT 701

performance, the court shall not grant an injunction or make an order for specific performance; and

(b)

for the recovery of land or other property, the court shall not make an order for the recovery of the land or the delivery of the property.

(3)

The court shall not in any civil proceedings in relation to any order issued by the Bank under subsection 31(1) or subparagraph 32(1)(c)(iii) or any other action, arrangement, scheme or measures of the Bank in connection with financial stability related or consequent to any such order or in relation to any other matter under this Chapter grant any injunction or make any order against an officer of the Bank if the effect of granting the injunction or making the order would be to give any relief against the Bank which could not have been obtained in proceedings against the Bank.

(4)

Any order issued under subsection 31(1) or subparagraph 32(1)(c)(iii) shall have effect in accordance with the provisions of this

Part and, notwithstanding any legal proceedings instituted pursuant to subsection (2), shall be binding on any person to whom the order is issued.

Arrangements with other supervisory authorities

Section 39 — CENTRAL BANK OF MALAYSIA ACT 2009 | mylaw.my