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

Part V · Licensing and Registration

64. Controller of registered credit service provider

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(1)

No person shall have control over a registered credit service provider unless—

(a)

such person has fulfilled the fit and proper requirements as specified under section 62 by the Commission; and

(b)

such person has obtained the prior written approval of the Commission.

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(2)

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

(3)

The Commission 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 deems necessary in relation to the application.

(4)

Where an issue arises as to whether a controller has complied with the fit and proper requirements as specified under section 62, the Commission 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 62 by the Commission—

(a)

a registered credit service provider shall notify the Commission in writing of such failure within the period as may be specified by the Commission; 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 registered credit service provider within a period or such further period, and subject to any conditions as may be specified by the Commission.

(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 registered credit service provider;

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(b)

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

(c)

has the power to make, or cause to be made, decisions in respect of the business or administration of a registered credit service 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.

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