Banking and Financial Institutions Act 1989 · As enacted · Part XVI
Section 128
Official textFrom Laws of Malaysia Online, unchanged
The Finance Companies Act 1969 and the Banking Act 1973 are repealed with effect from the effective date.
effective date
"effective date" means the relevant date or dates, as the case may be, notified by the Minister under section 1;
Notwithstanding subsection (1)—
all regulations, orders, directions, notifications, exemptions and other subsidiary legislation, howsoever called; and
all approvals, directions, decisions, notifications, exemptions and other executive acts, howsoever called, made, given, or done under, or in accordance with, or by virtue of, the repealed Acts shall be deemed to have been made, given, or done under, or in accordance with, or by virtue of, the corresponding provisions of this Act, and shall continue to remain in full force and effect in relation to the persons to whom they applied until amended, repealed, rescinded, revoked or replaced under, in accordance with, or by virtue of, the corresponding provisions of this Act.
every guideline, circular, or note issued by the Bank or the Minister to banks, finance companies, merchant banks, discount houses or money-brokers before the effective date, and in force immediately before the effective date, shall be deemed to have been lawfully issued under section 126 in relation to the particular provision of this Act corresponding to the matter dealt with in the guideline, circular or note, and shall remain in full force and effect until it is amended, rescinded, or replaced under this Act;
any application for a licence, approval or consent, or for any other purpose whatsoever, or any appeal, made by any person to the Minister or to the Bank under either of the repealed Acts before the effective date, and pending immediately before the effective date, shall, if there is a corresponding provision in this Act, be dealt with as if it was made under that provision and, if there is no such corresponding provision in this Act, such application or appeal shall lapse on the effective date; and
all transactions or dealings lawfully executed or entered into, and all business lawfully done, under or in accordance with any of the repealed Acts by a person who was licensed under the respective repealed Act and who is licensed or deemed to be licensed in respect of a corresponding business under this Act, with any depositor or other customer, creditor, debtor, or other person, shall be deemed to have been lawfully and validly executed, entered into, or done, under and in accordance with this Act, and, accordingly any right or liability under such transaction dealing or business existing, immediately before the effective date, shall be deemed to continue to be lawful and valid under this Act.
Terms defined in s 2
depositor
Defined · s 2"depositor" means a person entitled to repayment of a deposit, whether made by him or any other person; derivative
effective date
Defined · s 2"effective date" means the relevant date or dates, as the case may be, notified by the Minister under section 1;
licence
Defined · s 2"licence" means a licence granted or deemed to be granted under section 6 (4);
Minister
Defined · s 2"Minister" means the Minister for the time being charged with the responsibility for finance;
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;
subsidiary
Defined · s 2"subsidiary" has the meaning assigned thereto under section 5 of the Companies Act 1965.