Consumer Credit Act 2025 · Updated to 31 Dec 2025 · Part IX · Enforcement
110. Orders by court
Feedback & supportThe court may, on an application by a Regulatory and
Supervisory Authority under section 109, make one or more of the following orders:
an order requiring the person to pay an amount which shall not exceed three times—
the gross amount of pecuniary gain made or loss avoided by such person as a result of the contravention, breach or non-compliance; or
the amount of money which is the subject matter of the contravention, breach or non-compliance, as the case may be;
an order to require the person to pay a civil penalty in such amount as the court considers appropriate having regard to the severity or gravity of the contravention, breach or non-compliance, but in any event not exceeding five hundred thousand ringgit;
an order to—
restrain the person from engaging in any specific conduct; or
require the cessation of the contravention, breach or non-compliance;
an order to direct—
the person to do a certain act;
the person, or any other person who appears to have been involved in the contravention, breach or non-compliance to take such steps as the court may direct to mitigate the effect of such contravention, breach or non-compliance;
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the credit provider or credit service provider to remedy the contravention, breach or non-compliance including making restitution to any other person aggrieved by such contravention, breach or non-compliance; or
where a person has refused or failed to comply with the action that is taken by the Regulatory and
Supervisory Authority under subsection 106(3), the person to comply with such action; and
any other order deemed appropriate by the court, including any ancillary order deemed desirable in consequence of the making of an order under any provision in this subsection.
If an application is made to a court for an order under subsection (1), the court may, if it deems appropriate, before considering the application, make an interim order of the kind applied for and such order shall be expressed to have effect pending the determination of the application.
The court may make an order under subsection (1) against—
a person who is the director, controller, officer or partner, or was purporting to act in any such capacity; or
a person who is concerned in the management of the affairs, of a body corporate or unincorporate in the event where the contravention, breach or non-compliance has been committed by the body corporate or unincorporate unless that person proves that the contravention, breach or non-compliance was committed without his consent or connivance and that he exercised such diligence to prevent the commission of the contravention, breach or non-compliance as he ought to have exercised, having regard to the nature of his function in that capacity and to the circumstances.
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An order under subsection (1) can be made against a body corporate or unincorporate if a contravention, breach or non-compliance is committed by—
body corporate
“body corporate” means a person incorporated by or under any written law, and includes a corporation or statutory body, public authority or other authority, incorporated by or under a written law;
a person who is a director, controller, officer or partner of the body corporate or unincorporate, or was purporting to act in any such capacity; or
a person who is concerned in the management of the affairs of the body corporate or unincorporate.
Any sum ordered by the court under subparagraph (1)(d)(iii)
shall be applied—
firstly, to pay persons aggrieved by the contravention, breach or non-compliance in the case of such order; and
secondly, to pay the Regulatory and Supervisory
Authority, including any remaining sum, for all costs of the proceedings in respect of the contravention, breach or non-compliance.
Any sum ordered by the court under subsection (1) other than subparagraph (1)(d)(iii), shall be paid into and form part of—
the operating fund of the Malaysia Co-operative Societies
Commission where the application is made by Malaysia
Co-operative Societies Commission;
the Fund established under section 26 where the application is made by the Commission; or
the Federal Consolidated Fund where the application is made by other Regulatory and Supervisory Authorities.
To the extent that the amount of any potential distribution under subparagraph (1)(d)(iii) has not been distributed by the credit provider or credit service provider, as the case may be, after reasonable efforts to notify the aggrieved persons have failed due to the difficulty of ascertaining or notifying the aggrieved persons, the credit provider or credit service provider shall lodge such amount with the Registrar of Unclaimed Moneys in accordance with the provisions of the Unclaimed Moneys Act 1965.
credit provider
“credit provider” means a person who carries on a credit business where the person— (a) is licensed under Part V of this Act; (b) is permitted to do so under any other written law; (c) is subject to the Hire-Purchase Act 1967; or (d) is subject to the Consumer Protection Act 1999;
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credit
“credit” means any arrangement, agreement or facility as set out in subsection 5(2);
Where the Regulatory and Supervisory Authority makes an application for an order under this section, the court shall not, as a condition of the grant of the order, require any undertaking as to damages to be given by or on behalf of the Regulatory and
Supervisory Authority.
Any person who fails to comply with an order of the court under subsection (1) or (2) 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.
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;
Subsection (9) does not affect the powers of the court in relation to the punishment of contempt of court.
The court may revoke or vary an order made by it under this section or suspend the operation of such an order.
The powers conferred on the court under this section are in addition to any of its other powers, and do not derogate from its other powers provided under any other written law.
An application made under this section—
may be commenced at any time within six years from the date on which the Regulatory and Supervisory
Authority discovered the contravention, breach or non-compliance; and
shall not prejudice any other action that may be taken by the Regulatory and Supervisory Authority, aggrieved person, credit provider or credit service provider, as the case may be, under this Act or any other written law.
For the purposes of this section—
the Regulatory and Supervisory Authority shall exclude the Ministry of Domestic Trade and Cost of Living; and
the civil proceedings instituted by the Ministry of
Housing and Local Government shall be in the name of the Government.
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