Banking and Financial Institutions Act 1989 · As enacted · Part VII · Financial Requirements and Duties of Licensed Institutions
Section 41
Official textFrom Laws of Malaysia Online, unchanged
Within three months after the close of each financial year of a licensed institution, or such further period as the Bank may approve, the licensed institution shall submit to the Bank in respect of its entire operations in Malaysia two copies each of the following documents:
licensed institution
"licensed institution" means any institution licensed or deemed to be licensed under section 6 (4);
the auditor under section 40 (11) (c); and
in the case of a licensed local institution, the directors under section 169 (5) of the Companies Act 1965, and
in the case of a licensed foreign bank, the directors, prepared in the manner set out in section 169 (5), (6), (7) and (8) of the Companies Act 1965 and containing the matters, information, particulars and details required to be contained in a report under that section, notwithstanding that the said section does not apply to the licensed foreign bank.
Within the time stipulated in subsection (1), a licensed institution shall, in addition to the requirements under subsection (1), submit to the Bank
where it is a licensed local institution with offices or subsidiaries outside Malaysia, all the documents referred to under subsection (1) in respect of—
its operations in each country outside Malaysia; and
its entire operations both in and outside Malaysia on a consolidated basis and.
where it is a licensed foreign bank, the balance sheet and such other documents as may be specified by the Bank, in respect of its entire operations both in and outside Malaysia.
The Bank may, either before or after a licensed institution has complied with the requirements of subsection (1) or (2), require the licensed institution referred to in subsection (1) or (2) to submit further or additional information as it may deem necessary either by way of explanation, amplification or otherwise with regard to any documents submitted under subsection (1) or (2), as the case may be, or to amend or modify the documents as to form or content as the Bank may deem appropriate.
Unless and until the Bank has informed the licensed institution in writing that—
the Bank is satisfied that the licensed institution has complied with the provisions of subsections (1) and (3); and
the documents and information supplied thereunder are in such form and contain such information as is acceptable to the Bank, the licensed institution shall not—
lay its accounts before its general meeting;
publish the same under section 42; or
take such other action in relation thereto as the Bank may specify, except where the Bank otherwise approves in writing, and any such approval may be made subject to such terms and conditions as may be set out therein.
Subject to subsection (4), a licensed institution shall within six months after the close of its financial year, or such further period as the Bank may approve, submit to the Bank four copies each of the documents mentioned in subsection (1) together with the approval or other decision of the annual general meeting of the licensed institution in respect thereof.
Terms defined in s 2
licensed foreign bank
Defined · s 2"licensed foreign bank" means any licensed bank established outside Malaysia;
licensed institution
Defined · s 2"licensed institution" means any institution licensed or deemed to be licensed under section 6 (4);
licensed local institution
Defined · s 2"licensed local institution" means any licensed institution established in Malaysia;
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 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