Consumer Credit Act 2025 · Updated to 31 Dec 2025 · Part VIII · Examination and Investigation
100. Power to examine persons for investigation
Feedback & supportWhere an investigating officer suspects any person to have committed an offence or a breach under this Act, he may, if in his opinion it is reasonably necessary to do so for the purposes of an investigation into such offence or breach—
person
“person” includes an individual, any sole proprietorship, corporation, statutory body, local authority, society, trade union, co-operative society, partnership and any other body, organization, association or group of persons, whether corporate or unincorporate;
order any person by notice in writing to—
attend before him for the purpose of being examined orally in relation to any matter which may assist in the investigation; or
produce before him, within the time specified by such officer, any document, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article which may assist in the investigation; or
by notice in writing require any person to furnish a statement in writing made on oath or affirmation setting out therein all such information which may be required under the notice, being information which would be of assistance in the investigation.
A person to whom a notice under paragraph (1)(a) or (1)(b), has been given shall comply with the terms of such notice and, in particular—
a person to whom a notice under subparagraph (1)(a)(i)
has been given shall—
attend in accordance with the terms of the notice to be examined, and shall continue to so attend from day to day as directed by the investigating officer until the investigation is completed; and
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during such investigation disclose all information which is within his knowledge, or which is available to him, or which is capable of being obtained by him, in respect of the matter in relation to which he is being examined, whether or not any question is put to him with regard thereto, and where any question is put to him he shall answer the question truthfully and to the best of his knowledge and belief, and shall not refuse to answer any question on the ground that it tends to incriminate him or his spouse;
a person to whom a notice has been given under subparagraph (1)(a)(ii) shall not conceal, hide, destroy, alter, remove from or send out of Malaysia, or deal with, expend, or dispose of, any document, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article specified in the notice, or alter or deface any entry in any such documents, all securities held in respect of credit consumers’ transactions, titles, cash, computer output, system, data, programmes, or information, or cause such acts to be done, or assist or conspire to do such acts; and
a person to whom a written notice has been given under paragraph (1)(b) shall, in his statement made on oath or affirmation, furnish and disclose truthfully all information required under the notice which is within his knowledge, or which is available to him, or which is capable of being obtained by him, and shall not fail to furnish or disclose the same on the ground that it tends to incriminate him or his spouse.
A person referred to under subsection (2) shall comply with the provisions of subsection (2) and the notice given under subsection (1), notwithstanding any law, whether enacted before or after the commencement of this Act, or of any oath, undertaking or requirement of secrecy, or of any obligation under any contract, agreement or arrangement, whether express or implied, to the contrary.
this Act
“this Act” includes any subsidiary legislation, standard or guidelines and notification made under this Act;
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Where any person discloses any information or produces any document, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, equipment, apparatus, machinery, computer, computer output, system, data, programmes, information or article, pursuant to subsections (1) and (2), neither the first-mentioned person, nor any other person on whose behalf or direction or as whose agent or officer the first-mentioned person may be acting, shall, on account of such disclosure or production, be liable to any prosecution for any offence under or by virtue of any law, or to any proceeding or claim in any form or of any description by any person under or by virtue of any agreement or arrangement, or otherwise.
document
“document” has the meaning assigned to it in section 3 of the Evidence Act 1950, and includes books as defined in the Companies Act 2016 and documents of title to assets;
An investigating officer may seize, take possession of and retain for such duration as he deems necessary, any document, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article produced before him in the course of an investigation under subsection (1), or search the person who is being investigated by him under subparagraph (1)(a)(i), or who is producing anything to him under subparagraph (1)(a)(ii), for ascertaining whether anything relevant to the investigation is concealed, or is otherwise upon such person.
credit
“credit” means any arrangement, agreement or facility as set out in subsection 5(2);
An examination under subparagraph (1)(a)(i) shall be reduced into writing or recorded and subsequently taken down in writing by the investigating officer and signed by the person being investigated or affixed with his thumb print after it has been read to him, and where such person refuses to sign the record or affix his thumb print, the investigating officer shall endorse thereon under his hand the fact of such refusal and the reasons thereof, if any, stated by the person investigated.
In an examination of a person under subsection (1), the investigating officer examining the person may do any one or both of the following:
give directions about who may be present during the examination, or during any part of it; and
record the examination or any part of it by audio or visual recording or a combination of both.
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The record of an examination under subparagraph (1)(a)(i), or a written statement on oath or affirmation made pursuant to paragraph (1)(b), or any document, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article produced under subparagraph (1)(a)(ii) or otherwise in the course of an examination under subparagraph (1)(a)(i) or under a written statement on oath or affirmation made pursuant to paragraph (1)(b)
property
“property” means— (a) assets of every kind, whether corporeal or incorporeal, moveable or immovable, tangible or intangible, however acquired; (b) legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including bank credits, traveller’s cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit; or (c) any right, interest, title, claim, chose in action, power or privilege, whether present or future, or whether vested or contingent, in relation to any property, or which is otherwise of value;
shall, notwithstanding any written law or rule of law to the contrary be admissible in evidence in any proceedings in any court for, or in relation to—
an offence or breach under this Act;
any other matter under this Act; or
any offence under any other written law, regardless whether such proceedings are against the person who was investigated, or who produced the documents, all securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article, or who made the written statement on oath or affirmation, or against any other person.
Any person who contravenes subsection (1) or (2) or furnishes to an investigating officer any information or statement that is false or misleading in any material particular, commits an offence and shall, on conviction, be liable to a fine not exceeding five million ringgit or to imprisonment for a term not exceeding five years or to both.