Banking and Financial Institutions Act 1989 · As enacted · Part XII · Application of Parts X and XI to Non-Scheduled Institutions Engaged in Provision of Finance
Section 95
Official textFrom Laws of Malaysia Online, unchanged
The provisions of this Part shall have full force and effect notwithstanding—
anything inconsistent therewith or contrary thereto contained in any other provision of this Act;
anything contained in the written law by or under which the non-scheduled institution is established, appointed or constituted, or is carrying on the business of the provision of finance; and
non-scheduled institution
"non-scheduled institution" means— (a) any statutory body; or (b) any person, being an individual, or a body or organization, not being a statutory body, whether corporate or unincorporate, whether or not licensed, registered or authorised under any written law, who or which is neither liable to be licensed under this Act, nor subject to the provisions of Part III;
anything contained in any other written law other than the Constitution.
Terms defined in s 2
established
Defined · s 2"established", in relation to— (a) a corporation, means incorporated; (b) a statutory body, means its coming into existence under the law establishing, appointing or constituting it; (c) a co-operative society, means registered; (d) a partnership, means its formation; (e) a sole-proprietorship, means the commencement of its business; or (f) any other individual, body, association or group of persons, whether corporate or unincorporate, which requires registration or other form of recording or recognition under any written law before it can lawfully commence its activities, means its registration, recording or recognition thereunder;
non-scheduled institution
Defined · s 2"non-scheduled institution" means— (a) any statutory body; or (b) any person, being an individual, or a body or organization, not being a statutory body, whether corporate or unincorporate, whether or not licensed, registered or authorised under any written law, who or which is neither liable to be licensed under this Act, nor subject to the provisions of Part III;
provision of finance
Defined · s 2"provision of finance" includes— (a) the lending of money; (b) leasing business; (c) factoring business; (d) the purchase of bills of exchange, promissory notes, certificates of deposit, debentures or other negotiable instruments; and (e) the acceptance or guarantee of any liability, obligation or duty of any person;
Part XIII
Information and Secrecy
Part XIV
Offences
Part XV