Malaysia legislation

Section 156

of *MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011

Section 156

Funding and losses

(a)

provide to the Corporation such funds as the Corporation may require in order to administer and implement a stabilisation coverage; or

(b)

reimburse the Corporation for any loss incurred by the

Corporation as a result of providing stabilisation coverage.

(2)

Any provision of funds made pursuant to paragraph (1)(a) or reimbursement made pursuant to paragraph (1)(b) shall be charged on the Consolidated Fund and where such provision or reimbursement is made, the Minister shall cause a statement on such provision of funds or reimbursement to be laid before the Dewan Rakyat at the earliest possible opportunity.

(3)

The Corporation shall pay such fee, premium or levy or other amount in respect of the stabilisation coverage or such portions thereof as may be agreed by the Minister and the Corporation into the

Consolidated Fund.

Malaysia Deposit Insurance Corporation 163

(4)

For the purposes of paragraph (1)(b), the factors to be taken into account in determining whether the Corporation has incurred a loss in consequence of providing stabilisation coverage shall be as follows:

(a)

fees, premiums or levies received by the Corporation as a result of providing the stabilisation coverage;

(b)

cost to the Corporation of any loans or other borrowings incurred by it in order to make any payments on account of the stabilisation coverage;

(c)

fees, premiums or levies or other amount or such portions thereof liable to be paid in respect of the stabilisation coverage to the Consolidated Fund;

(d)

net recoveries obtained by the Corporation on account of any stabilisation coverage payments;

(e)

loss of the investment value of any funds of the Corporation used to make any stabilisation coverage payments;

(f)

any other costs, including income tax or other taxes, that the

Corporation has reasonably incurred as a result of the stabilisation coverage and as agreed to by the Minister; and

(g)

any other factor that the Minister and the Corporation agree is appropriate.

Continuing application of special provisions