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In forceUpdated to 31 Dec 2025Read it in Bahasa Malaysia

Part VII · Business Conduct for Credit Consumer Protection

86. Financial hardship

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(1)

For the purposes of paragraph 85(1)(h), the Commission may issue standards or guidelines under section 123 to specify—

(a)

the circumstances that qualify as financial hardship; and

(b)

the form and manner of assistance to be provided by a credit provider, if such specification is, in the opinion of the Commission, necessary or expedient.

(2)

In exercising its powers under subsection (1), the Commission shall ensure the standards or guidelines specified are—

(a)

in the interest of the orderly functioning and development of the consumer credit industry, having regard to credit consumers’ continued access to credit; and

(b)

not detrimental to financial stability.

(3)

A credit consumer may apply for financial hardship assistance from a credit provider in respect of a credit agreement with the credit provider, where any circumstances of financial hardship as specified under subsection (1) applies.

(4)

Upon receiving an application under subsection (3), the credit provider shall make an assessment to determine whether such assistance is to be provided to the credit consumer.

(5)

During an assessment under subsection (4), the rights for the credit provider to commence any proceedings, execution or other legal process against the credit consumer shall be suspended.

(6)

Where the credit provider is satisfied that financial hardship assistance is to be provided, the credit provider shall determine the form and manner of assistance to be given, unless the Commission has issued a specification on such matter under paragraph (1)(b).

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