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In forceUpdated to 1 Mar 2016Read it in Bahasa Malaysia

Part I · Preliminary

2. Interpretation

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(1)

In this Act, unless the context otherwise requires—

“affiliate” has the meaning assigned to it in the Capital Markets and

Services Act 2007 [Act 671];

“appointed day” means the day on which this Act comes into force;

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“Audit Oversight Board” means the Audit Oversight Board established under section 31C;

“Bank Negara Malaysia” means the Central Bank of Malaysia established under the Central Bank of Malaysia Act 2009 [Act 701];

“Board” means the Board established under section 4;

“Board committee” means any committee established by the Board under section 18;

“books” has the meaning assigned to it in the Capital Markets and

Services Act 2007;

“capital market” has the meaning assigned to it in the Capital

Markets and Services Act 2007;

“capital market products” has the meaning assigned to it in the

Capital Markets and Services Act 2007;

“central depository” has the meaning assigned to it in the Capital

Markets and Serivces Act 2007;

“Chairman” means the Chairman of the Commission appointed under paragraph 4(2)(a);

“clearing house” means a clearing house approved under the

Capital Markets and Services Act 2007;

“Commission” means the Securities Commission Malaysia established under section 3;

“company” has the meaning assigned to it in the Companies Act 1965 [Act 125];

“corporation” has the meaning assigned to it in the Companies Act 1965;

“Court” means—

Securities Commission Malaysia 15

(a)

a High Court established under Article 121 of the

Federal Constitution or a Judge of the High Court; or

(b)

a Sessions Court or a Magistrate’s Court established under section 3 of the Subordinate Courts Act 1948 [Act 92] or a Sessions Court Judge or a Magistrate;

“dealing in derivatives” has the meaning assigned to it in the

Capital Markets and Services Act 2007;

“dealing in securities” has the meaning assigned to it in the Capital

Markets and Serivces Act 2007;

“Deputy Chief Executive” means the Deputy Chief Executive appointed under paragraph 4(2)(b);

“derivatives” has the meaning assigned to it in the Capital Markets and Services Act 2007;

“derivatives exchange” has the meaning assigned to it in the Capital

Markets and Services Act 2007;

“derivatives market” has the meaning assigned to it in the Capital

Markets and Serivces Act 2007;

“director” has the meaning assigned to it in the Capital Markets and

Services Act 2007;

“document” has the meaning assigned to it in the Evidence Act 1950 [Act 56];

“exchange” means a stock exchange established under the Capital

Markets and Services Act 2007;

“exchange holding company” has the meaning assigned to it in the

Capital Markets and Services Act 2007;

“Fund” means the fund established under section 23;

16 Laws of Malaysia ACT 498

“Islamic capital market business or transaction” means—

(a)

the business of carrying any regulated activity;

(b)

any proposal, scheme, transaction, arrangement, activity or matter relating to any capital market product, or under

Part IIIA or Part VI of the Capital Markets and Services

Act 2007;

(c)

any transaction relating to a derivative; or

(d)

the establishing, operating or maintaining of a securities market or a derivatives market, which is consistent with the principles of Shariah as may be determined by the Shariah Advisory Council;

“Islamic capital market product” has the meaning assigned to it in the Capital Markets and Services Act 2007;

“licensed person” means a person licensed under the Capital

Markets and Services Act 2007;

“Minister” means the Minister for the time being charged with the responsibility for finance;

“officer”, in relation to—

(a)

the Commission, means any officer employed under section 20 and includes an Investigating Officer of the

Commission appointed under section 125; and

(b)

a corporation, has the meaning assigned to it in the

Companies Act 1965;

“participant” has the meaning assigned to it in the Capital Markets and Services Act 2007;

Securities Commission Malaysia 17

“participating organization” has the meaning assigned to it in the

Capital Markets and Serivces Act 2007;

“prescribed”, where no manner of prescribing is provided, means prescribed from time to time by regulations or order published in the

Gazette;

“prescribed investment” has the meaning assigned to it in the

Capital Markets and Services Act 2007;

“prescribed investment scheme” has the meaning assigned to it in the Capital Markets and Services Act 2007;

“private retirement scheme” has the meaning assigned to it in the

Capital Markets and Services Act 2007;

“public interest entity” means the entity specified in Part 1 of

Schedule 1;

“recognized market” has the meaning assigned to it in the Capital

Markets and Services Act 2007;

“record” includes information stored or recorded by means of a computer, electronic or digital medium or any other means of storage or recording;

“schedule fund” means the funds specified in Part 2 of Schedule 1;

“stock exchange” has the meaning assigned to it in the Capital

Markets and Services Act 2007;

“securities” has the meaning assigned to it in the Capital Markets and Services 2007;

“securities laws” means—

(a)

this Act;

(b)

the Capital Markets and Services Act 2007;

18 Laws of Malaysia ACT 498

(c)

the Securities Industry (Central Depositories) Act 1991

[Act 453];

(d)

any other legislation which the Commission is empowered to administer or enforce; and

(e)

any other regulations, rules, orders, notifications or other subsidiary legislation made under paragraphs (a),

(b)

, (c) and (d);

“self-regulatory organization” has the meaning assigned to it in the

Capital Markets and Services Act 2007;

“Shariah Advisory Council” means the Shariah Advisory Council established under the section 31ZI;

“specify”, where no manner of specifying is mentioned, means specify from time to time in writing; and a power to specify includes the power to specify differently for different persons or different classes, categories or descriptions of persons;

“trade repository” has the meaning assigned to it in the Capital

Markets and Services Act 2007;

“unit trust scheme” has the meaning assigned to it in the Capital

Markets and Services Act 2007;

(2)

(Deleted by Act A1403).

Report

Part II

Securities Commission Malaysia

Part III

Finance

Part IIIC

Shariah Advisory Council

Part IV

Issues or Securites and Take-Overs and Mergers

Part V

Enforcement and Investigation

Part VI

General

Part VII

Repeal and Transitional Provisions

Schedules