Malaysia legislation
Section 131
Section 131
The Companies Act 1965 is amended—
(a)
by substituting for the definition of "banking corporation" in section 4 (1) of that Act the following:
' "banking corporation" means a licensed bank, a licensed merchant bank and an Islamic bank;';
(b)
by inserting in section 4 of that Act immediately after subsection (1), the following new subsection (1A):
(1A)
In this Act—
(a)
"licensed bank", "licensed business", "licensed discount house", "licensed finance company", "licensed institution", "licensed merchant bank", "licensed money-broker", "nonscheduled institution", "scheduled business" and "scheduled institution" shall have the meanings assigned thereto in section 2(1) of the Banking and Financial Institutions Act 1989; and
(b)
"Islamic bank" or "Islamic banking business" shall have the meaning assigned thereto in the Islamic Banking Act 1983.';
(c)
by substituting for the words "finance company licensed under the Finance Companies Act 1969" in section 169 (19) of that Act the words "a licensed finance company, a licensed discount house, a licensed moneybroker, a scheduled institution in respect of which the Minister charged with responsibility for finance has made an order under section 24 (1) of the Banking and Financial Institutions Act 1989 and a non-scheduled institution in respect of which such Minister has made an order under section 93 (1) of that Act";
(d)
by substituting for paragraph (f) of section 217 (1) of that Act, the following:
" (f) in the case of a company which is a licensed institution, or a scheduled institution in respect of which the Minister charged with responsibility for finance has made an order under section 24 (1) of the Banking and Financial Institutions Act 1989, or a non-scheduled institution in respect of which such Minister has made an order under section 93 (1) of that Act, Bank Negara Malaysia,";
(e)
by deleting paragraph (g) of section 217 (1) of that Act;
(f)
by substituting for paragraph (j) of section 218 (1) of that Act the following:
" (j) the company has held a licence under the Banking and Financial Institutions Act 372. Act 276. Act 1989 or the Islamic Banking Act 1983, and that licence has been revoked or surrendered; or"; and
(g)
by substituting for paragraph (k) of section 218 (1) of that Act the following:
" (k) the company has carried on Islamic banking business, licensed business, or scheduled business, or it has accepted, received or taken deposits in Malaysia, in contravention of the Islamic Banking Act 1983 or the Banking and Financial Institutions Act 1989, as the case may be."
FIRST SCHEDULE
(Section 2. (1), paragraph (D) of the definition of "deposit")
Money paid by any person to—
(a)
the Government of Malaysia or any State;
(b)
the Bank; or
(c)
a statutory body, local authority or co-operative society which is authorised under any written law to accept, receive or take the same;
(d)
its related or associate corporation; or
(dd)
...
(e)
any other person, including any person referred to in paragraphs (c) and (d) for debentures issued by such other person with the approval of the Bank and in compliance with such conditions as may be imposed by the Bank.
the Bank or
(d)
and (dd)
$ \mathrm{P u ( d ) 8 7 1 9 7} $
(f)
the Ba
Sub. by
Pu(A)245|σ
Part II ins. by PU(A)245/1
Money paid to any person, other than a licensed bank, a licensed finance company, a licensed merchant bank or a licensed discount house, by—
(a)
the Government of Malaysia or any State;
(b)
the Bank;
(c)
a statutory body, a local authority, a co-operative society or any other person which is authorised under any written law to make such payment;
(d)
a licensed institution, a scheduled institution, an insurance company or a pawnbroker in the ordinary course of its lawful business;
(e)
a moneylender licensed under the Moneylenders Ordinance 1951, the Money Lenders Ordinance of Sabah or the Moneylenders Ordinance of Sarawak in the course of his lawful business of money-lending:
of his lawful business of money-lending;
(f)
any other person in the course of, and for the purpose of, a bona fide lawful business other than money-lending, carried on by such other person;
(g)
an individual where the person to whom the payment is made—
(i)
is also an individual and the payment is made in the course of customary, social or friendly relationship; or provided that the total number of such individuals or relatives from whom such payments are held by him does not at any one time exceed ten; or
(ii)
is his relative,
(h)
its related or associate corporations.
SECOND SCHEDULE