Malaysia legislation

Section 114

of *MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011

Section 114

Nothing in sections 109 and 113 shall be construed as—

(a)

prohibiting a person from requiring payments to be made in cash for goods, services, use of leased or licensed property or other valuable consideration provided after the commencement of the assumption of control under paragraph 99(1)(c) or the appointment of the receiver;

(b)

requiring the advance of money or credit to a member institution after the commencement of the assumption of control under paragraph 99(1)(c) or the appointment of the receiver; or

(c)

requiring the provision to a member institution, after the commencement of the assumption of control or the appointment of the receiver of any of the following services where to do so would be likely, in the reasonable opinion of the person providing the service, to result in that person advancing money or credit to a member institution after the assumption of control or appointment or to give rise, after the assumption of control or appointment, to a claim of that person against the member institution, namely—

(i)

cash management services;

(ii)

services related to the redemption of debt instruments;

(iii)

services related to the issuance of letters of credit or guarantees;

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(iv)

cheque certification services;

(v)

currency supply services;

(vi)

funds transfer services and remittance order services;

(vii)

securities delivery and settlement services;

(viii)

charge card, credit card, debit card and payment card services;

(ix)

automated banking and teller machine services;

(x)

electronic funds transfer at point of sale services;

(xi)

consignment cheque services;

(xii)

other services similar to those referred to in subparagraphs (i) to (xi);

(xiii)

any service of a kind prescribed in the regulations;

and

(xiv)

a guarantee of liabilities in respect of any of the services referred to in subparagraphs (i) to (xiii).

Qualified financial agreements

Section 114 — MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011