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Islamic Financial Services Act 2013 · s 151

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s 151Restriction on use of certain words

(1)

Except with the prior written approval of the Bank, no person shall—

(a)

in its name, description or title under which such person carries on business or in the conduct of its business, use—

(i)

the word “Islamic bank” unless such person is licensed under this Act to carry on Islamic banking business;

(ii)

the word “takaful”, “Islamic insurance” or “Islamic assurance” unless such person is authorized under this Act to carry on takaful business, takaful broking business or Islamic financial advisory business;

(iii)

the words “Islamic financial adviser” unless such person is approved under this Act to carry on Islamic financial advisory business;

(iv)

any derivative of the words in subparagraph (i), (ii) or

(iii)

in any language; or

(v)

any other words in any language,

Islamic Financial Services 147

capable of being construed as indicating the carrying on of any of the authorized business; or

(b)

make any representation to the effect of paragraph (a) in any document relating to its business or document used in the course of carrying on its business or in any other manner whatsoever.

(2)

The restriction in subsection (1) shall not apply to—

(a)

the persons specified in Part 1 of Schedule 12 for the word

“Islamic bank” in subparagraph (1)(a)(i);

(b)

the persons specified in Part 2 of Schedule 12 for the word

“takaful”, “Islamic insurance” or “Islamic assurance” in subparagraph (1)(a)(ii); and

(c)

the persons specified in Part 3 of Schedule 12 for the words

“Islamic financial adviser” in subparagraph (1)(a)(iii).

(3)

Any person who contravenes subsection (1) 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.