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Section 37

of Franchise Act 1998

ActIn forceProvision 43 of 73

Section 37

(1)

A person who, in relation to an offer to sell a franchise or during the sale of a franchise, whether directly or indirectly—

(a)

employs any device or scheme in order to defraud;

(b)

makes any untrue statement of a material fact or omits to state a material fact which renders his statement to be misleading;

(c)

engages in any act, practice or course of business, which operates or would operate as a fraud or deceit upon any person, commits an offence and shall, on conviction, be liable—

(a)

if such person is a body corporate, to a fine not exceeding two hundred and fifty thousand ringgit, and for a second or subsequent offence, to a fine not exceeding five hundred thousand ringgit; or

(b)

if such person is not a body corporate, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both, and for a second or subsequent offence, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(2)

Subsection (1) shall also apply to a franchise broker or franchise consultant.

32 Laws of Malaysia ACT 590