Malaysia legislation

Section 5

of SECURITIES COMMISSION (AMENDMENT) ACT 2015

Section 5

Amendment of section 2

(a)

by inserting after the definition of “Audit Oversight

Board” the following definition:

‘ “Bank Negara Malaysia” means the Central Bank of Malaysia established under the Central Bank of

Malaysia Act 2009 [Act 701];’;

(b)

by inserting after the definition of “Court” the following definition:

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

(c)

by substituting for the definition of “document” the following definition:

‘ “document” has the meaning assigned to it in the

Evidence Act 1950 [Act 56];’;

(d)

by inserting after the definition of “private retirement scheme” the following definition:

‘ “public interest entity” means the entity specified in Part 1 of Schedule 1;’;

Securities Commission (Amendment)

(e)

by deleting the definition of “committee”;

(f)

by inserting after the definition of “Board” the following definition:

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

(g)

by inserting after the definition of “record” the following definition:

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

(h)

by inserting after the definition of “books” the following definition:

‘ “Board” means the Board established under section 4;’;

(i)

in the definition of “Shariah Advisory Council”, by substituting for the words “the Capital Markets and

Services Act 2007” the words “section 31zi”;

(j)

by inserting after the definition of “securities laws” the following definition:

‘ “self-regulatory organization” has the meaning assigned to it in the Capital Markets and Services

Act 2007;’;

(k)

by inserting after the definition of “public interest entity”

the following definition:

‘ “recognized market” has the meaning assigned to it in the Capital Markets and Services Act 2007;’;

(l)

by inserting after the definition of “Board committee”

the following definition:

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

(m)

by substituting for the definition of “officer” the following definition:

‘ “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;’;

(n)

by substituting for the definition of “prescribed investment”

the following definition:

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

(o)

by substituting for the definition of “director” the following definition:

‘ “director” has the meaning assigned to it in the

Capital Markets and Services Act 2007;’;

(p)

in the definition of “Chairman”, by substituting for the words “paragraph 4(1)(a)” the words “paragraph 4(2)

(a)

”;

(q)

by substituting for the definition of “corporation” the following definition:

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

(r)

by inserting after the definition of “capital market” the following definition:

‘ “capital market products” has the meaning assigned to it in the Capital Markets and Services Act 2007;’;

(s)

by inserting after the definition of “Islamic capital market business or transaction” the following definition:

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

Securities Commission (Amendment)

(t)

by substituting for the definition of “clearing house” the following definition:

‘ “clearing house” means a clearing house approved under the Capital Markets and Services Act 2007;’;

(u)

by substituting for the definition of “record” the following definition:

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

(v)

by inserting after the definition of “specify” the following definition:

‘ “trade repository” has the meaning assigned to it in the Capital Markets and Services Act 2007;’;

(w)

by substituting for the definition of “prescribed investment scheme” the following definition:

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

(x)

by inserting after the definition of “prescribed investment scheme” the following definition:

‘ “private retirement scheme” has the meaning assigned to it in the Capital Markets and Services

Act 2007;’;

(y)

by substituting for the definition of “unit trust scheme”

the following definition:

‘ “unit trust scheme” has the meaning assigned to it in the Capital Markets and Services Act 2007;’;

(z)

by substituting for the definition of “company” the following definition:

‘ “company” has the meaning assigned to it in the

Companies Act 1965 [Act 125];’;

(aa) in the definition of “Deputy Chief Executive”, by substituting for the words “paragraph 4(1)(aa)” the words

“paragraph 4(2)(b)”;

(bb) by substituting for the definition of “securities laws” the following definition:

‘ “securities laws” means—

(a)

this Act;

(b)

the Capital Markets and Services Act 2007;

(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);’; and

(cc)

by inserting after the definition of “Fund” the following definitions:

‘ “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;’.

Securities Commission (Amendment)

9

Amendment of section 2a