Section 47
Production of Bank’s books, etc.
of Bank Simpanan Nasional Berhad Act 1997
For the purpose of an examination under section 45 or 46, the Bank and its directors and officers shall afford any person carrying out the examination access to all its books or other documents and accounts, including documents of title to its assets, all securities held by it in respect of its customers’ transactions, all its cash, and all such documents, information and facilities as may be required by that person for the purpose of the examination, and shall produce to that person all such books or other documents, accounts, titles, securities or cash, and give all such information, as he may require:
Provided that, so far as it is consistent with the conduct of the examination, such books or documents, accounts, titles, securities and cash shall not be required to be produced at such times or at such places as may interfere with the proper conduct of the normal daily business of the Bank.
(2)
Notwithstanding anything in subsection (1), any person authorized by the Minister in writing for this purpose may take possession of any books or other documents, accounts, titles, securities or cash to which he has access under subsection (1) where in his opinion—
(a)
the inspection of them, the copying of them, or the making of extracts from them, cannot reasonably be undertaken without taking possession of them;
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Bank Simpanan Nasional Berhad
(b)
they may be interfered with or destroyed unless he takes possession of them; or
(c)
they may be needed as evidence in any legal proceedings, whether civil or criminal, which may be instituted under or in connection with this Act or any other written law.
(3)
Where the Bank fails to comply with subsection (1), it shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three million ringgit and, in the case of a continuing offence, to a further fine not exceeding three thousand ringgit for each day during which the offence continues after conviction.
(4)
Where the Bank is guilty of an offence under subsection (3), any person who at the time of the commission of the offence was a person responsible for the Bank shall also be guilty of that offence and shall on conviction be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding three years or to both and, in the case of a continuing offence, to a further fine not exceeding three thousand ringgit for each day during which the offence continues after conviction.