Malaysia legislation

Section 91

of BANKING AND FINANCIAL INSTITUTIONS ACT 1989

Section 91

Where—

(a)

the Minister charged with the responsibility for a non-scheduled institution which is a statutory body;

(b)

in the case of a non-scheduled institution which is not a statutory body, the Minister charged with the responsibility for non-scheduled institutions of the class, category, or description to which the non-scheduled institution belongs, or with the responsibility for the subject or matter relating to any of the businesses or activities carried on by the non-scheduled institution; or

(c)

the State Authority in the case of—

(i)

a non-scheduled institution which is a statutory body established by State law or by any subsidiary legislation made under any State law; or

(ii)

any other non-scheduled institution which falls under the responsibility, powers, control or jurisdiction of the State Authority, is satisfied, after making such inquiries as such Minister, or the State Authority, as the case may be, deems necessary, that the non-scheduled institution is engaged in the provision of finance, whether lawfully or unlawfully, and that—

(aa) the interests of the existing or potential depositors, creditors, or customers of the non-scheduled institution are in any way threatened, whether by the manner in which the institution is conducting or proposes to conduct its business or affairs, or for any other reason;

(bb) it is unable, or is likely to become unable, to meet all or any of its obligations; or

(cc)

it has suspended, or is about to suspend, payment to any extent to all or any class or category of its depositors, creditors or customers, such Minister or such State Authority, as the case may be, may submit a report on the matter to the Minister with a recommendation to investigate into the affairs of the non-scheduled institution.