Malaysia legislation
Section 4
Section 4
In this Act, unless the context otherwise requires—
“this Act” includes any subsidiary legislation, standard or guidelines and notification made under this Act;
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“specify” means to specify in writing in any form including standards or guidelines, and a power to specify includes the power to specify differently for different persons or different classes, categories or descriptions of persons, credit businesses, credit service businesses, credit providers or credit service providers;
“prescribe” means to prescribe by subsidiary legislation published in the Gazette, and a power to prescribe includes the power to prescribe differently for different persons or different classes, categories or descriptions of persons, credit businesses, credit service businesses, credit providers or credit service providers;
“document” has the meaning assigned to it in section 3 of the Evidence Act 1950 [Act 56], and includes books as defined in the Companies Act 2016 [Act 777] and documents of title to assets;
“property” means—
(a)
assets of every kind, whether corporeal or incorporeal, moveable or immovable, tangible or intangible, however acquired;
(b)
legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including bank credits, traveller’s cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit; or
(c)
any right, interest, title, claim, chose in action, power or privilege, whether present or future, or whether vested or contingent, in relation to any property, or which is otherwise of value;
“individual” means a natural person;
“Board Committee” means a committee of the Board established under section 18;
“Advisory Committee” means the Advisory Committee established under section 36;
“chief executive”, in relation to a body corporate, means the principal executive officer of such body for the time being, by whatever name called and whether or not he is a director;
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“computer” has the meaning assigned to it in section 3 of the Evidence Act 1950;
“co-operative society” has the meaning assigned to it in section 2
of the Co-operative Societies Act 1993;
“credit” means any arrangement, agreement or facility as set out in subsection 5(2);
“Board” means the board of directors of the Commission referred to in section 9;
“licence” means a licence granted under section 42;
“liabilities” includes debts or obligations of every kind, whether present or future, or whether vested or contingent;
“Shariah Advisory Council” means the Shariah Advisory Council established under section 51 of the Central Bank of Malaysia
Act 2009 [Act 701] or section 31zi of the Securities Commission
Malaysia Act 1993;
“Minister” means the Minister charged with the responsibility for finance;
“Minister of Domestic Trade and Cost of Living” means the Minister charged with the responsibility for domestic trade and cost of living;
“Minister of Housing and Local Government” means the Minister charged with the responsibility for housing and local government;
“person” includes an individual, any sole proprietorship, corporation, statutory body, local authority, society, trade union, co-operative society, partnership and any other body, organization, association or group of persons, whether corporate or unincorporate;
“computer output” means a statement or representation, whether in written, printed, pictorial, film, graphical, acoustic or other form—
(a)
produced by a computer;
(b)
displayed on the screen of a computer; or
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(c)
accurately translated from a statement or representation so produced;
“credit provider” means a person who carries on a credit business where the person—
(a)
is licensed under Part V of this Act;
(b)
is permitted to do so under any other written law;
(c)
is subject to the Hire-Purchase Act 1967; or
(d)
is subject to the Consumer Protection Act 1999;
“Islamic credit provider” means a person who carries on an
Islamic credit business where the person is authorized under this
Act or other written laws;
“credit service provider” means a person who carries on a credit service business where the person—
(a)
is registered under Part V of this Act;
(b)
is registered to do so under the Capital Markets and
Services Act 2007; or
(c)
is a permit holder under the Hire-Purchase Act 1967;
“Registrar” means the registrar of Islamic credit providers appointed under paragraph 35(2)(a);
“registration” means a registration made under section 59;
“director” has the meaning assigned to it in the Companies
Act 2016, and includes a reference to a person occupying or acting in the position of a director of a corporation, by whatever name called and whether or not validly appointed to occupy, or duly authorized to act in, such position;
“controller” means a person as defined in subsection 47(6) or subsection 64(6), as the case may be;
“Executive Chairman” means the executive chairman of the Board appointed under section 9;
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“credit consumer” means any person as set out in subsection 5(1);
“senior management” means a person appointed by a corporation to manage any part of its business or having authority and responsibility for the credit business, credit service business or business decisions of the corporation, by whatever name called and includes the chief executive and chief financial officer;
“corporation” has the meaning assigned to it in section 3 of the Companies Act 2016;
“credit agreement” means an agreement entered into between a credit provider and a credit consumer to provide credit;
“arrangement” means an arrangement whether formal or informal, oral or written, express or implied;
“credit business” means any business, whether conventional or
Islamic as set out in Schedule 2;
“Islamic credit business” means any business as set out in paragraph 2 of Schedule 2;
“credit service business” means any business providing services relating to credit as set out in Schedule 3;
“body corporate” means a person incorporated by or under any written law, and includes a corporation or statutory body, public authority or other authority, incorporated by or under a written law;
“micro or small enterprise” refers to an enterprise that qualifies as a micro or small enterprise as defined based on the size of its operation, by the National Small and Medium Enterprises
Development Council established under the Small and Medium
Enterprises Corporation Malaysia Act 1995 [Act 539];
“Regulatory and Supervisory Authority” means any body as set out under subsection 34(1);
“premises” includes any land, building, structure, place or vehicle, whether permanent or temporary;
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“standards or guidelines” includes any obligation or requirement as specified by the Commission or a Regulatory and Supervisory
Authority under section 123;
“Commission” means the Consumer Credit Commission established under section 6;
“company” has the meaning assigned to it in subsection 2(1)
of the Companies Act 2016;
“Deputy Registrar” means the deputy registrar of Islamic credit providers appointed under paragraph 35(2)(a);
“Deputy Executive Chairman” means the deputy executive chairman of the Board appointed under section 9;
“securities laws” has the meaning assigned to it in subsection 2(1)
of the Securities Commission Malaysia Act 1993.
Credit consumer and credit