Banking and Financial Institutions Act 1989 · As enacted · Part VI · Restrictions on Dealings of Licensed Institutions
Section 34
Official textFrom Laws of Malaysia Online, unchanged
Where a licensed institution which is authorised under its licence to receive deposits, receives any deposit, the deposit shall be repayable on the expiration of such minimum or maximum period as may be specified by the Bank.
licensed institution
"licensed institution" means any institution licensed or deemed to be licensed under section 6 (4);
The Bank may specify the minimum amount of a single deposit, or the maximum aggregate amount of all deposits which such licensed institution may accept on deposit from a single depositor, and also other terms and conditions on which deposits may be accepted by it.
A specification under subsection (1) or (2) shall not affect any agreement between a depositor and the institution made before such specification comes into force.
agreement
"agreement" means an agreement whether formal or informal, oral or written, express or implied;
Terms defined in s 2
agreement
Defined · s 2"agreement" means an agreement whether formal or informal, oral or written, express or implied;
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;
depositor
Defined · s 2"depositor" means a person entitled to repayment of a deposit, whether made by him or any other person; derivative
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);
specify
Defined · s 2"specify", where no mode is mentioned, means specify from time to time in writing, and a power to specify includes the power to specify differently for different persons or different classes, categories or descriptions of persons;
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