Malaysia legislation

Section 39

of MALAYSIA DEPOSIT INSURANCE CORPORATION (AMENDMENT) ACT 2022

Section 39

The principal Act is amended by substituting for section 134b the following section:

“Priority of payments in the winding up of a deposit-taking member that is an Islamic bank 134b.  In the winding up of a deposit-taking member that is an Islamic bank in or outside Malaysia—

(a)

the assets of the deposit-taking member, subject to paragraph (b) shall be available to meet all liabilities of that deposit-taking member in respect of its Islamic deposits in Malaysia in priority to all other unsecured liabilities of that deposit-taking member other than the preferential debts set out in subsection 527(1) of the Companies Act 2016 in the order set out in that subsection and the debts due and claims owing to the Government under section 10 of the Government Proceedings Act 1956

and the order of priority for payments of different categories of Islamic deposits may be prescribed by regulations made under section 209; and

(b)

notwithstanding subsection 527(1) of the

Companies Act 2016, but subject to any costs and expenses of the winding up set out in paragraph 527(1)(a) of the Companies Act 2016 directly incurred in realising the assets of the investment accounts and any tax set out in paragraph 527(1)(f) of the

Companies Act 2016 which is attributable to the investment accounts, the assets of the investment accounts managed by the deposit-taking member in

Malaysia, shall be available, in the order set out as follows:

(i)

to pay outstanding costs or expenses of the investment accounts;

(ii)

to pay any profit, fees, gains or other remuneration due to the deposit-taking member; and

(iii)

to meet the liabilities to the investment account holders.”.

Amendment of section 137