Companies Commission of Malaysia (Amendment) Act 2015 · As enacted · Part IIIC
11. New Part IVa
Official textFrom Laws of Malaysia Online, unchanged
The principal Act is amended by inserting after Part IV the following Part:
“Part IVa
INVESTIGATION AND ENFORCEMENT PROVISIONS
Powers of enforcement, inspection and investigation 27a. The Registrar shall have all the powers of a police officer of whatever rank as provided for under the Criminal Procedure
Code [Act 593], except the power to arrest without warrant, in relation to enforcement, inspection and investigation, and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof.
Power to require information 27b. (1) The Registrar may make a written order under subsection (2) against any person if he has reasonable grounds to believe that that person—
has any information or any document that is relevant to the performance of functions and powers under the laws specified in the First Schedule; or
is capable of giving any evidence which the Registrar has reasonable grounds to believe that the evidence is relevant to the performance of functions and powers under the laws specified in the First Schedule.
The order under subsection (1) may require the person—
to give the Registrar any such information;
to produce to the Registrar any such documents, whether in a physical form or in electronic media;
to make copies of any such documents and to produce those copies to the Registrar;
if the person is an individual, to appear, at a private hearing, before the Registrar at a time and place specified in the notice to give any evidence, either orally or in writing, and produce any such documents, whether in a physical form or in electronic media;
if the person is a body corporate or a public body, to cause a competent officer of the body corporate or the public body to appear, at a private hearing, before the Registrar at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any documents, whether in a physical form or in electronic media; or
if the person is a partnership, to cause an individual who is a partner in the partnership or an employee of the partnership to appear, at a private hearing, before the Registrar at a time and place specified in the notice to give any evidence, either orally or in writing, and produce any documents, whether in a physical form or in electronic media.
The person so ordered under subsection (1) shall—
provide the required information or documents within such time as specified in the order or such extended time as the Registrar may grant; and
ensure that the information or documents provided are true, accurate and complete and shall provide a representation to that effect, including a representation that he is not aware of any other information or document which would make the information or document provided untrue or misleading.
Companies Commission of Malaysia (Amendment)
A person who fails to comply with an order of the
Registrar under this section commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Power to conduct inspection 27c. (1) For the purpose of ascertaining compliance with the laws specified in the First Schedule or breach of any guidelines, practice notes, notices or circulars issued under section 20c, the Registrar shall have access to any place or building and may inspect and make copies of or take extracts from any book, minute book, register or other documents required to be kept by the Registrar or necessary for the purpose of ascertaining compliance with the laws specified in the First Schedule.
For the purposes of this section, the Registrar may by notice in writing require any person to produce to him such books, minute books, registers or other documents as are in the custody or under the control of that person.
Any person who—
fails to produce any books, minute books, registers or other documents as required by the Registrar under this section; or
obstructs, intimidates, distracts, harasses or hinders the
Registrar while exercising any of the powers under this section, commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Power to investigate 27d. The Registrar shall have the power to conduct investigation, in relation to the laws specified in the First Schedule or any guidelines, practice notes, notices or circulars issued under section 20c, where there is reason to suspect that—
an offence or a breach has been committed;
there was an attempt to commit an offence or a breach;
or
there was a conspiracy to commit an offence or a breach, in relation to the laws specified in the First Schedule, or breach of any guidelines, practice notes, notices or circulars issued under section 20c.
Search and seizure with warrant 27e. Pursuant to a search and seizure warrant issued by the
Magistrate under the Criminal Procedure Code, if, by the reason of its nature, size or amount, it is not practicable to remove any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or thing seized under this section, the Registrar shall by any means seal such book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or thing in the premises or container in which it is found.
Search and seizure without warrant 27f. If the Registrar is satisfied, upon information received, that he has reasonable cause to believe that by reason of delay in obtaining a search warrant from a Magistrate under the
Criminal Procedure Code the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the Registrar may enter the premises and exercise in, upon and in respect of the premises all the powers referred to in section 56 of the Criminal Procedure Code in a full manner as if he were authorized to do so by a warrant issued under that section.
Companies Commission of Malaysia (Amendment)
19
List of things seized 27g. (1) Except as provided in subsection (2), where any equipment, instrument, material, book, record, account, document or thing is seized under sections 27e and 27f, the Registrar shall as soon as practicable prepare a list of the things seized and of the places in which the equipment, instrument, material, book, record, account, document or thing is respectively found and deliver a copy of the list signed by him to the occupier of the premises which has been searched, or to his agent or servant, at the premises.
Where the premises are unoccupied, the Registrar shall whenever possible post a list of the things seized conspicuously on the premises.
Release of things seized 27h. (1) If any equipment, instrument, material, book, record, account, document or thing has been seized under sections 27e and 27f, the Registrar may at any time after that release the equipment, instrument, material, book, record, account, document or thing to the person as he determines to be lawfully entitled to the equipment, instrument, material, book, record, account, document or thing if he is satisfied that the equipment, instrument, material, book, record, account, document or thing is not otherwise required for the purpose of any proceedings under the laws specified in the First
Schedule, or for the purpose of any proceedings under any other written law.
Neither the Registrar nor the Government or any person acting on behalf of the Government or the Registrar shall be liable to any proceedings by any person if the seizure and the release of the equipment, instrument, material, book, record, account, document or thing had been effected in good faith.
A record in writing shall be made by the Registrar effecting the release of any equipment, instrument, material, book, record, account, document or thing under subsection (1)
specifying in detail the circumstances of and the reason for the release and he shall send a copy of the record to the
Public Prosecutor and to the Inspector General of Police within seven days of the release.
No cost or damages arising from seizure to be recoverable 27i. No person shall, in any proceedings before any Court in respect of any equipment, instrument, material, book, record, account, document or thing seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.
Surrender of travel documents 27j. (1) Notwithstanding any written law to the contrary, if the Registrar has grounds to believe that any person, who is the subject of or related to an investigation in respect of an offence under the laws specified in the First Schedule, is likely to leave Malaysia, the Registrar may, by written notice, require such person to surrender his passport or any other travel document in his possession.
A person on whom a notice under subsection (1) is served shall comply with such notice forthwith, failing which he may be arrested and taken before a Magistrate.
Where a person is taken before a Magistrate under subsection (2), the Magistrate shall, unless such person complies with the notice under subsection (1) or satisfies the Magistrate that he does not possess a travel document, by warrant commit him to prison—
until the expiry of a period of fourteen days from the date of his committal; or
until he complies with the notice under subsection (1), whichever occurs earlier.
For the purpose of subsection (3), a certificate signed by the Public Prosecutor to the effect that the person has complied with the notice under subsection (1) shall be sufficient warrant for the Superintendent of Prison to discharge such person.
Companies Commission of Malaysia (Amendment)
The Registrar may by notice issued to any immigration officer, request that any person who is the subject of or related to an investigation in respect of an offence under the laws specified in the First Schedule, be prevented from leaving Malaysia.
The immigration officer, upon being notified of a request made under subsection (5), may require the person who is the subject of or related to an investigation in respect of an offence under the laws specified in the First Schedule, to surrender his passport or any other travel document in his possession to the immigration officer.
Subject to any order issued or made under any written law relating to immigration, “immigration officer” means any person appointed under section 3 of the Immigration
Act 1959/63 [Act 155].”.