Malaysia legislation

Section 72

of LABUAN FOUNDATIONS ACT 2010

Section 72

(a)

to the Court;

(b)

to the Authority pursuant to the provisions of the Labuan

Financial Services Authority Act 1996; and

(c)

to the founder, council member, supervisory person, or beneficiary, unless the officer has reason to believe that such person is making the request under duress.

(2)

Notwithstanding the terms of the constituent document, the

Court may, on an application made to the Court, restrict the rights of the founder, council member, supervisory person, beneficiary or any other person to information relating to the Labuan foundation or may make such other order as it thinks fit.

(3)

Where any founder, council member, supervisory person, officer, secretary, or beneficiary is required by or under this Act to submit, produce or provide to the Authority any information, statistic, return or document, the Authority may specify that it shall be submitted, produced or provided in such form and manner and within such period or at such intervals or times, not inconsistent with any provision of this Act or the regulations made under this

Act, as the Authority may set out in the specification, and the founder, council member, supervisory person, officer, secretary, or beneficiary shall not submit, produce or provide as true and accurate any information, statistic, return or document which he knows, or has reason to believe, to be false, inaccurate or misleading.

Labuan Foundations 55

(4)

Any person who fails to comply with subsection (3) commits an offence and shall, upon conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding three years or to both.

Confidentiality