Section 35
Production of person’s books, etc.
of Act 627
For the purposes of an examination under section 34, any person under examination and that person’s directors and officers shali afford any officer of the Bank carrying out the examination access to all his premises, apparatus, equipment, machinery, books or other documents and accounts, including documents of title to his assets, all securities held by him in respect of his customers’
transactions, all his cash, and to all such documents, information and facilities as may be required by that officer for the purpose of the examination, and shall produce to that officer all such apparatus, equipment, machinery, books or other documents, accounts, titles, securities or cash, and give all such information, orally or in writing, as he may require, however, so far as is consistent with the conduct of the examination, such apparatus, equipment, machinery, books or documents, accounts, titles, securities and cash shall not be required to be produced at such times or at such places as may interfere with the proper conduct of the normal daily business of that person.
(2)
Notwithstanding the generality of subsection (1), any officer of the Bank authorized by the Bank in writing for this purpose may take possession of any apparatus, equipment, machinery, books or other documents, accounts, titles, securities or cash to which he has access under subsection (1) if in his opinion—
(a)
the inspection of them, the copying of them or the making of extracts from them cannot reasonably be undertaken without taking possession of them;
(b)
it may be interfered with or destroyed unless he takes
' y possession of them; or
Payments Systems 31
(c)
it may be needed as evidence in any legal proceedings, whether civil or criminal, which may be instituted under or in connection with this Act, the Central Bank of Malaysia
Act 1958 or any other written law.
(3)
A person who is or was at any time—
(a)
a director or officer of an operator or issuer;
(b)
an agent of or who performs any of the functions of an operator or issuer;
(c)
a participant of a payment system or user of a payment instrument; or
(ad) an auditor of an operator or issuer, shall give such information or document as the Bank may require within such time as the Bank may specify in carrying out an examination under section 34,
(4)
An auditor referred to in paragraph (3)(d) shall not be liable for breach of contract relating to, or duty of, confidentiality for giving any information or document to the officer carrying out the examination.