Malaysia legislation

Section 19

of BANK SIMPANAN NASIONAL BERHAD ACT 1997

Section 19

(a)

its latest audited annual balance sheet, profit and loss account and statement setting out the sources of its funds, the purposes for which, and the manner in which, such funds have been utilized; and

(b)

the report of—

(i)

the auditor under paragraph 18(1)(b); and

(ii)

the directors under subsection 169(5) of the

Companies Act 1965.

(2)

Within the time stipulated in subsection (1), the Bank shall, in addition to the requirements under subsection (1), submit to the

Minister where the Bank has offices or subsidiaries outside Malaysia, all the documents referred to under subsection (1) in respect of—

(a)

its operations in each country outside Malaysia; and

(b)

its entire operations both in and outside Malaysia on a consolidated basis.

(3)

The Minister may, either before or after the Bank has complied with the requirements of subsection (1) or (2), require the Bank to submit further or additional information as he may deem necessary either by way of explanation, amplification or otherwise with regard to any documents submitted under subsection (1) or (2), as the case may be, or to amend or modify the documents as to form or content as the Minister may deem appropriate.

(4)

Unless and until the Minister has informed the Bank in writing that—

(a)

the Minister is satisfied that the Bank has complied with the provisions of subsections (1) and (3); and

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(b)

the documents and information supplied thereunder are in such form and contain such information as is acceptable to the Minister, the Bank shall not—

(aa) lay its accounts before its general meeting;

(bb) publish the account under section 20; or

(cc)

take such other action in relation thereto as the Minister may specify, except where the Minister otherwise approves in writing, and any such approval may be made subject to such terms and conditions as may be set out therein.

(5)

Subject to subsection (4), the Bank shall within six months after the close of its financial year, or such further period as the

Minister may approve, submit to the Minister four copies each of the documents mentioned in subsection (1) together with the approval or other decision of the annual general meeting of the Bank in respect thereof.

(6)

Where the Bank fails to comply with subsection (1), (2), (3)

or (5), it shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one million ringgit and, in the case of a continuing offence, to a further fine not exceeding one thousand ringgit for each day during which the offence continues after conviction.

(7)

Where the Bank fails to comply with subsection (4), it shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one million ringgit.

Publication and exhibition of audited balance sheet, etc.