Malaysia legislation

Section 41

of *MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011

Section 41

(a)

“deposit” means the unpaid balance of the aggregate of deposits as defined under subsection 2(1) received or held by a deposit-taking member from or on behalf of a person and includes—

(i)

a bank draft, traveller’s cheque, prepaid letter of credit, money order or other similar instrument in respect of which the deposit-taking member is primarily liable and which meets the criteria as specified by the Corporation;

(ii)

cheque or other similar instrument or instruction entered into a payment system designated under subsection 30(1) of the Financial Services Act 2013

or subsection 39(1) of the Islamic Financial Services

Act 2013 notwithstanding any delay or failure by the deposit-taking member in crediting the account;

(iii)

a foreign currency deposit; or

(iv)

any liability or financial instrument as may be specified by the Corporation, but excludes, unless it is otherwise specified by the

Corporation under subparagraph (iv)—

(A)

a deposit that is not payable in Malaysia;

Malaysia Deposit Insurance Corporation 59

(B)

a money market deposit;

(C)

a negotiable instrument of deposit and any other bearer deposit;

(D)

a repurchase agreement;

(E)

a deposit that is payable by a deposit-taking member in the course of its Labuan banking business conducted under the Labuan Financial Services and

Securities Act 2010 [Act 704] or its Labuan Islamic banking business conducted under the Labuan

Islamic Financial Services and Securities Act 2010

[Act 705];

(EA) an investment linked to derivatives; and

(F)

any other liability or financial instrument as may be specified by the Corporation;

(b)

“trust account” includes monies held on account for the purpose of a trust.

(2)

(Deleted by Act A1647).

Scope of coverage for deposits

Section 41 — MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011