Skip to content
In forceUpdated to 31 Dec 2025Read it in Bahasa Malaysia

Part V · Licensing and Registration

46. Directors and senior management of licensed credit provider

Feedback & support
(1)

A licensed credit provider shall only appoint or reappoint any person—

(a)

in the case of a licensed credit provider regulated by the Commission—

(i)

as its director or senior management if the person fulfils the fit and proper requirements as specified by the Commission under section 45; and

(ii)

as its chief executive subject to obtaining a prior written approval of the Commission; or

Consumer Credit 45

(b)

in the case of a licensed credit provider regulated by the Ministry of Housing and Local Government—

(i)

as its director, partner or senior management if the person fulfils the fit and proper requirements as specified by the Registrar under section 45;

and

(ii)

as its director or partner subject to obtaining a prior written approval of the Registrar.

(2)

In the case of a licensed credit provider regulated by the Commission, the licensed credit provider shall give a written notice to the Commission on the appointment or reappointment of its directors.

(3)

Where an issue arises as to whether a person has complied with the fit and proper requirements as specified under section 45, the Commission or the Registrar, as the case may be, shall have full discretion to determine the issue.

(4)

Where a director, partner or senior management subsequently becomes aware that he fails to fulfil the fit and proper requirements specified under section 45, he shall immediately inform the licensed credit provider.

(5)

Where a director, partner or senior management fails to fulfil the fit and proper requirements specified under section 45, the licensed credit provider shall immediately remove him from such office.

(6)

Subject to section 131, the Commission or the Registrar, as the case may be, may direct a licensed credit provider to remove the director, partner or senior management who fails to fulfil the fit and proper requirement under section 45 within such period as may be specified by the Commission or the Registrar, as the case may be.

(7)

Notwithstanding anything contained in any contract of service or any other agreement relating to his appointment, the removal of a director, partner or senior management under subsection (5)

or (6) shall be lawful and valid and the director, partner or senior management removed under subsection (5) or (6) shall not be entitled to claim any compensation for such removal.

46

(8)

A licensed credit provider regulated by the Commission shall notify the Commission in writing that its director or senior management has ceased to hold office and act in such capacity and of the reasons of such cessation within a period as specified by the Commission.

(9)

A licensed credit provider regulated by the Ministry of

Housing and Local Government shall notify the Registrar in writing of the fact that its director or partner has ceased to hold office and act in such capacity not later than fourteen days after the cessation.

(10)

Any person who contravenes subsection (1), (4), (5) or (9)

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.

Report

Part VI

Islamic Credit Business

Part VII

Business Conduct for Credit Consumer Protection

Part VIII

Examination and Investigation

Part IX

Enforcement

Part X

General Provisions

Schedules