Islamic Financial Services Act 2013 · Updated to 2 Jan 2025 · Part VI · Prudential Requirements
65. Functions and duties of board of directors
Official textFrom Laws of Malaysia Online, unchanged
The business and affairs of an institution shall be managed under the direction and oversight of its board of directors, subject to this Act and any other written law which may be applicable to the institution.
Without limiting the generality of subsection (1), the board of directors shall—
set and oversee the implementation of business and risk objectives and strategies and in doing so shall have regard to the long term viability of the institution and reasonable standards of fair dealing;
ensure and oversee the effective design and implementation of sound internal controls, compliance and risk management systems commensurate with the nature, scale and complexity of the business and structure of the institution;
oversee the performance of the senior management in managing the business and affairs of the institution;
ensure that there is a reliable and transparent financial reporting process within the institution;
Islamic Financial Services 91
promote timely and effective communications between the institution and the Bank on matters affecting or that may affect the safety and soundness of the institution;
and
have due regard to any decision of the Shariah committee on any Shariah issue relating to the carrying on of business, affairs or activities of the institution.
In carrying out its functions or duties under this Division—
the board of directors of an institution shall have regard to the interests of, as the case may be, depositors, investment account holders and takaful participants of the institution or participants; and
the board of directors of a licensed takaful operator shall, in the event of conflict between the interest of the takaful participants and the shareholders, give priority to the interest of the takaful participants.
Part VII
Ownership, Control and Transfer of Business
Part VIII
Financial Groups
Part VI
Part VI—
Part IX
Business Conduct and Consumer Protection
Part X
Islamic Money Market and Islamic Foreign Exchange Market
Part XI
Submission of Document or Information
Part XII
Examination
Part XIII
Directions of Compliance
Part XIV
Intervention and Remedial Action
Part XV
Other Powers of Bank
Part XVI
Enforcement and Penalties
Part XVII
General Provisions
Part XVIII