Banking and Financial Institutions Act 1989 · As enacted · Part II
Section 15
Official textFrom Laws of Malaysia Online, unchanged
Except with the written consent of the Minister—
Minister
"Minister" means the Minister for the time being charged with the responsibility for finance;
no person, not being a licensed institution, shall assume or use the words "bank", "deposit-taking company", "finance company", "merchant bank", "discount house", "money-broker", or "foreign exchange broker", as the case may be, or any derivatives of these words in any language, or any other words in any language capable of being construed as indicating the carrying on of such business, in relation to the business or any part of the business carried on by the person, or make any representation to such effect in any bill head, letter paper, notice, advertisement, or in any other manner whatsoever;
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;
no institution shall hereafter be granted a licence under section 6(4) to carry on business under a name which includes—
licence
"licence" means a licence granted or deemed to be granted under section 6 (4);
the word "Central", "Commonwealth", "Federal", "Federation", "Malaysia", "Malaysian", "National", "Reserve" or "State", or any other word or words in any language capable of being construed as, or indicating a meaning similar to that of, any of the above words; or
the word "Islamic" or "Muslim", or any other word or words in any language capable of being construed as indicating that the institution is carrying on Islamic banking business.
This section shall not apply to any association of any licensed institutions or to any association of any employees of any such institution or institutions.
Terms defined in s 2
advertisement
Defined · s 2"advertisement" means the disseminating or conveying of information, invitation or solicitation by any means or in any form, including by means of— (a) publication in a newspaper, magazine, journal or other periodical; (b) display of posters or notices; (c) circulars, handbills, brochures, pamphlets, books or other documents; (d) letters addressed to individuals or bodies; (e) photographs or cinematograph films; and (f) sound broadcasting, television or other electronic media;
banking business
Defined · s 2"banking business" means— (a) the business of— (i) receiving deposits on current account deposit account, savings account or other similar account; (ii) paying or collecting cheques drawn by or paid in by customers; and (iii) provision of finance; or (b) such other business as the Bank, with the approval of the Minister, may prescribe;
deposit
Defined · s 2"deposit" means a sum of money received or paid on terms— (a) under which it will be repaid, with or without interest or at a premium or discount; or (b) under which it is repayable, either wholly or in part, with any consideration in money or money's worth, and such repayment being either on demand or at a time or in circumstances agreed by or on behalf of the person making the payment and the person receiving it, regardless whether the transaction is described as a loan, an advance, an investment, a saving, a sale or a sale and repurchase, but does not include money paid bona fide- (A) by way of an advance or a part payment under a contract for the sale, hire or other provision of property or services, and is repayable only in the event that the property or services is not or are not in fact sold, hired or otherwise provided; (B) by way of security for the performance of a contract or by way of security in respect of any loss which may result from the non-performance of a contract; (C) without prejudice to paragraph (B), by way of security for the delivery up or return of any property, whether in a particular state of repair or otherwise; and (D) in such other circumstances, or to or by such other person, as specified in the First Schedule;
discount house
Defined · s 2"discount house" means a person which carries on discount house business;
finance company
Defined · s 2"finance company" means a person which carries on finance company business;
licence
Defined · s 2"licence" means a licence granted or deemed to be granted under section 6 (4);
licensed institution
Defined · s 2"licensed institution" means any institution licensed or deemed to be licensed under section 6 (4);
merchant bank
Defined · s 2"merchant bank" means a person which carries on merchant banking business;
Minister
Defined · s 2"Minister" means the Minister for the time being charged with the responsibility for finance;
money-broker
Defined · s 2"money-broker" means a person which carries on money-broking business;
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;
Part III
Scheduled Businesses and Representative Offices
Part IV
Restrictions Relating to Acceptance and Solicitation of, Advertisement for, and Inducement to Make, Deposits
Part V
Subsidiaries and Offices of Licensed Institutions
Part VI
Restrictions on Dealings of Licensed Institutions
Part VII
Financial Requirements and Duties of Licensed Institutions
Part VIII
Ownership, Control and Management of Licensed Institutions
Part IX
Restrictions on Business of Licensed Institutions
Part X
Powers of Supervision and Control Over Licensed Institutions
Part XI
Investigation, Search and Seizure
Part XII
Application of Parts X and XI to Non-Scheduled Institutions Engaged in Provision of Finance
Part XIII
Information and Secrecy
Part XIV
Offences
Part XV