Malaysia legislation
Section 180
Section 180
(2)
Where the Corporation consents to the transfer of a qualified financial agreement with the affected person to a qualified third party, no person that is a party to such agreement may terminate such agreement, exercise any right of set-off under such agreement or exercise any remedy or right against the affected person or its assets and no stipulations in any such agreement providing for any of the foregoing shall be of any force or effect by reason solely of such transfer or the appointment of the conservator.
(2A)
If a person is a counterparty to two or more qualified financial transactions under a qualified financial agreement with the same affected person, the conservator may only transfer to a bridge institution or qualified third party all or none of the qualified financial transactions between the affected person and that person.
(3)
If a qualified financial agreement is an agreement relating to financial collateral that applies to any property of the affected person, that property shall also be transferred to the qualified third party.
(4)
Where a qualified financial agreement is not transferred in accordance with this section and the person who is the counterparty is able to terminate such agreement in accordance with its terms but has not done so, the Corporation may declare by notice in writing that such agreement is terminated, in which case, and despite any term of such agreement to the contrary, such agreement shall be deemed to have been terminated by the counterparty.
(5)
The Corporation may transfer a qualified financial agreement to a qualified third party by a transfer instrument issued in accordance with the Second Schedule and it shall have the effect set out in the
Second Schedule and shall be binding on any person thereby affected.
Recovery of money consideration from assets acquired or sold before appointment of conservator