Malaysia legislation
Section 83
of LABUAN LIMITED PARTNERSHIPS AND LIMITED LIABILITY PARTNERSHIPS ACT 2010
Section 83
(2)
All proceedings, other than criminal proceedings, relating to a Labuan limited partnership or Labuan limited liability partnership shall commence in the High Court, either under the provisions of this Act or for determining the rights or obligations of the partners.
(3)
The proceedings in subsection (2) and any appeal therefrom, shall, unless the High Court otherwise orders, be heard in camera and no details of the proceedings shall be published by any person without leave of the High Court.
Labuan Limited Partnerships and Limited
Liability Partnerships 73
(4)
The provisions of subsection (1) shall not apply—
(a)
where disclosure is required—
(i)
pursuant to an order by any court in any proceedings;
(ii)
for the purpose of the performance of the Authority’s supervisory functions as may be provided for under the Labuan Financial Services Authority
Act 1996; or
(iii)
for the purposes of section 22 of the Labuan
Business Activity Tax Act 1990; or
(b)
if there is consent of all the partners of the Labuan limited partnership or Labuan limited liability partnership.
(5)
Where the order referred to in subparagraph (4)(a)(i) has been obtained by an ex-parte application, the limited partners or partners of the Labuan limited partnership or Labuan limited liability partnership, as the case may be, may notify the person affected by the order and upon receipt of such notification, the affected person may file in the necessary application to the court to contest the order or otherwise comply with the order accordingly.
(6)
Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding three years or to both.
(7)
Nothing in this section shall prevent any court from exercising its discretion to require a person to produce any document or to give any evidence in any proceedings before the court which is relevant to those proceedings.
Act 707
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