Skip to content
In forceUpdated to 1 Oct 2015Read it in Bahasa Malaysia
Contents

Part II · Licensing

6. Requirements for a licence

(1)

An applicant for a licence to carry on money services business shall comply with the following requirements:

(a)

every person who is, or is to be, a substantial shareholder, director, controller, chief executive officer, or manager of the applicant has fulfilled the minimum criteria of a “fit and proper” person as the Bank may prescribe;

(b)

the applicant has a sound business plan;

(c)

the applicant has appropriate, sound and adequate governance arrangements, internal control mechanisms and procedures to manage the operations of the intended money services business activities;

(d)

the applicant has appropriate, sound and adequate internal control mechanisms and compliance programmes to comply with the requirements of the Anti-Money

Laundering, Anti-Terrorism Financing and Proceeds of

Unlawful Activities Act 2001 [Act 613] and other statutory obligations to which the applicant is or will be subject;

(e)

the applicant has the financial capability to satisfy the capital requirements as the Bank may prescribe;

(f)

the information and documents furnished by the applicant to the Bank are true and accurate; and

(g)

the applicant has met other requirements which are necessary to manage the operations of the money services business as the Bank may specify.

(2)

The Bank shall have full discretion to determine whether an applicant has complied with the requirements under subsection (1).

Money Services Business 19

(3)

The Bank, in considering the application for a licence under section 5 shall take into account the following matters:

(a)

any matter relating to any person who is or will be employed by, or associated with, the applicant for the purpose of the money services business of the applicant;

(b)

any matter relating to any related or associate corporation or to any substantial shareholder, director, controller or chief executive officer of the applicant;

(c)

any information relating to the applicant in the possession of the Bank whether provided by the applicant or not; and

(d)

whether the granting of the licence would be beneficial to the national and economic interest of Malaysia.

Grant or refusal of licence

*7. (1)

The Bank may, after considering the application for a licence under section 5 and being satisfied that all the requirements under subsection 6(1) have been complied with and all matters under subsection 6(3) have been taken into account, grant a licence or refuse to grant the licence.

(2)

The Bank may impose such conditions as it considers appropriate in granting a licence.

(3)

The duration of a licence shall be for a period as the Bank may prescribe.

(4)

A licensee who fails to comply with any condition imposed under subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding five million ringgit or to imprisonment for a term not exceeding ten years or to both.

*See paragraph 94(1)(b) and paragraph 94(1)(c).

20 Laws of Malaysia

Report

Part III

Part IV

Remittance Business

Part V

Money Services Business Agents

Part VI

Examination

Part VII

Investigation and Enforcement

Part VIII

Other Powers of the Bank

Part IX

Miscellaneous

Part X

Repeal, Savings and Transitional

Schedules