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In forceUpdated to 31 Dec 2025Read it in Bahasa Malaysia
Contents

Part V · Licensing and Registration

63. Directors and senior management of registered credit service provider

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(1)

A registered credit service provider shall only appoint or reappoint any person—

(a)

as its director or senior management if the person fulfils the fit and proper requirements as specified by the Commission under section 62; and

(b)

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

(2)

A registered credit service 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 62, the Commission shall have full discretion to determine the issue.

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(4)

Where a director or senior management subsequently becomes aware that he fails to fulfil the fit and proper requirements specified under section 62, he shall immediately inform the registered credit service provider.

(5)

Where a director or senior management fails to fulfil the fit and proper requirements specified under section 62, the registered credit service provider shall immediately remove him from such office.

(6)

Subject to section 131, the Commission may direct a registered credit service provider to remove its director or senior management who fails to fulfil the fit and proper requirement under section 62 within such period as may be specified by the Commission.

(7)

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

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

(8)

A registered credit service provider 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)

Any person who contravenes subsection (1), (4) 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.

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