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In forceUpdated to 31 Dec 2025Read it in Bahasa Malaysia

Part V · Licensing and Registration

47. Controller of licensed credit provider

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(1)

No person shall have control over a licensed credit provider unless—

(a)

such person has fulfilled the fit and proper requirements as specified under section 45 by the Commission or the Registrar, as the case may be; and

(b)

such person has obtained the prior written approval of the Commission or the Registrar, as the case may be.

(2)

Any person intending to be a controller shall submit an application to the Commission or the Registrar, as the case may be, in such form and manner as may be specified by the Commission or the Registrar.

(3)

The Commission or the Registrar, as the case may be, may, at any time after the receipt of an application under subsection (2)—

(a)

conduct such inquiry as it may deem necessary, including conducting financial, professional, criminal or any other background checks on the person; and

(b)

by a written notice require the person to furnish it with such additional document or information as the Commission or the Registrar, as the case may be, deems necessary in relation to the application.

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(4)

Where an issue arises as to whether a controller 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.

(5)

Where a controller fails or has failed to fulfil the fit and proper requirements as specified under section 45 by the Commission or the Registrar, as the case may be—

(a)

a licensed credit provider shall notify the Commission or the Registrar, as the case may be, in writing of such failure within the period as may be specified by the Commission or the Registrar; and

(b)

the controller shall—

(i)

dispose of the shareholding which renders him to be the controller of; or

(ii)

cease to have control in, the licensed credit provider within a period or such further period, and subject to any conditions as may be specified by the Commission or the Registrar, as the case may be.

(6)

For the purposes of this section, “controller” means a person who—

(a)

is entitled to exercise, or control the exercise of, not less than thirty-three per centum of the votes attached to the voting shares in a licensed credit provider;

(b)

has the power to appoint, or cause to be appointed, a majority of the directors of a licensed credit provider; or

(c)

has the power to make, or cause to be made, decisions in respect of the business or administration of a licensed credit provider, and to give effect to such decisions or cause them to be given effect to, and the word “control” shall be construed accordingly.

(7)

Any person who contravenes subsection (1) or (5) 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.

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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