Islamic Financial Services Act 2013 · s 159

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159.
Duty to provide access to, and produce documents, information, etc.
(1) For the purposes of an examination under section 158, a person under examination and its director, officer or controller—
(a) shall afford the Bank access to its documents, including documents of title to its assets, all securities held by it in respect of its customers’ transactions and investments held by it, cash, premises, apparatus, equipment or machinery, and produce to the Bank all such documents or cash, as the
Bank may require within such time as it may specify;
(b) shall allow the Bank to copy or make extracts of any document referred to in paragraph (a); and
(c) shall give to the Bank, orally or in writing, all such information and explanation relating to its business and affairs or of its agent as the Bank may require within such time as it may specify.

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(2) The Bank may take possession of any documents, titles, securities, cash, apparatus, equipment or machinery to which it has access under subsection (1), if the Bank is of the opinion that the documents, titles, securities, cash, apparatus, equipment or machinery may be—
(a) interfered with, destroyed, concealed or removed unless the
Bank takes possession of them; or
(b) needed as evidence in any legal proceedings, whether civil or criminal, which may be instituted under this Act, the
Central Bank of Malaysia Act 2009 or any other written law.
(3) Any person who contravenes subsection (1) or refuses to allow the Bank to take possession of the documents, titles, securities, cash, apparatus, equipment or machinery under subsection (2), commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding eight years or to a fine not exceeding twenty-five million ringgit or to both.

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s 159Duty to provide access to, and produce documents, information, etc.

(1)

For the purposes of an examination under section 158, a person under examination and its director, officer or controller—

(a)

shall afford the Bank access to its documents, including documents of title to its assets, all securities held by it in respect of its customers’ transactions and investments held by it, cash, premises, apparatus, equipment or machinery, and produce to the Bank all such documents or cash, as the

Bank may require within such time as it may specify;

(b)

shall allow the Bank to copy or make extracts of any document referred to in paragraph (a); and

(c)

shall give to the Bank, orally or in writing, all such information and explanation relating to its business and affairs or of its agent as the Bank may require within such time as it may specify.

Islamic Financial Services 155

(2)

The Bank may take possession of any documents, titles, securities, cash, apparatus, equipment or machinery to which it has access under subsection (1), if the Bank is of the opinion that the documents, titles, securities, cash, apparatus, equipment or machinery may be—

(a)

interfered with, destroyed, concealed or removed unless the

Bank takes possession of them; or

(b)

needed as evidence in any legal proceedings, whether civil or criminal, which may be instituted under this Act, the

Central Bank of Malaysia Act 2009 or any other written law.

(3)

Any person who contravenes subsection (1) or refuses to allow the Bank to take possession of the documents, titles, securities, cash, apparatus, equipment or machinery under subsection (2), commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding eight years or to a fine not exceeding twenty-five million ringgit or to both.