Banking and Financial Institutions Act 1989 · As enacted · Part XV · General Provisions
Section 113
Official textFrom Laws of Malaysia Online, unchanged
If, for the purpose of the exercise of any of its powers, the performance of any of its functions, or the discharge of any of its duties, under this Act, or under any other written law, the Bank requires any information from any licensed institution, or any scheduled institution, or any foreign institution or from any other person engaged in the provision of finance, or from any corporation related to any of the aforesaid institutions or the aforesaid person, on any matter relating to the affairs or business of such institution, person or corporation, such institution, person or corporation, shall submit such information to the Bank.
Where the information obtained by the Bank under subsection (1) relates to the account or affairs of any customer of the institution, person or corporation supplying the information, that information shall be secret as between the Bank and the institution, person or corporation supplying it, except where it is to be used for the purpose of prosecuting any person for any offence under any written law.
person
"person" includes an individual, any corporation, statutory body, local authority, society, trade union, co-operative society, partnership and any other body, organization, association or group of persons, whether corporate or unincorporate;
The provisions of subsection (1) shall not apply to a statutory body to which Parts X and XI have not been made applicable under section 93 (1).
statutory body
"statutory body" means any authority or body, whether corporate or unincorporate, established, appointed or constituted by any written law, but does not include any local authority;
Terms defined in s 2
corporation
Defined · s 2"corporation" has the meaning assigned thereto by the Companies Act 1965;
foreign institution
Defined · s 2"foreign institution" means a person, not being a licensed institution or a scheduled institution, which carries on any business outside Malaysia which corresponds, or is similar, to the business of any licensed or scheduled institution whether or not such person has a representative office;
licensed institution
Defined · s 2"licensed institution" means any institution licensed or deemed to be licensed under section 6 (4);
person
Defined · s 2"person" includes an individual, any corporation, statutory body, local authority, society, trade union, co-operative society, partnership and any other body, organization, association or group of persons, whether corporate or unincorporate;
provision of finance
Defined · s 2"provision of finance" includes— (a) the lending of money; (b) leasing business; (c) factoring business; (d) the purchase of bills of exchange, promissory notes, certificates of deposit, debentures or other negotiable instruments; and (e) the acceptance or guarantee of any liability, obligation or duty of any person;
related
Defined · s 2"related", in relation to a corporation, means related within the meaning of section 6 of the Companies Act 1965;
scheduled institution
Defined · s 2"scheduled institution" means a person which carries on a scheduled business but does not include a cooperative society, a statutory body, a local authority, a licensed bank, a licensed finance company, or a licensed merchant bank, carrying on a scheduled business;
statutory body
Defined · s 2"statutory body" means any authority or body, whether corporate or unincorporate, established, appointed or constituted by any written law, but does not include any local authority;