Malaysia legislation
Section 5
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