In forceUpdated to 31 Dec 2025Read it in Bahasa Malaysia

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Consumer Credit Act 2025 · Updated to 31 Dec 2025 · Part VIII · Examination and Investigation

89. Duty to provide access to, and produce documents, information, etc.

(1)

For the purposes of an examination under subsection 88(1), a person under examination and its director, partner or officer—

(a)

shall provide the Regulatory and Supervisory Authority access and produce to the Regulatory and Supervisory

Authority its documents, securities held in respect of credit consumers’ transactions, titles, cash, premises, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article, within such time as specified by the Regulatory and Supervisory Authority;

(b)

shall give to the Regulatory and Supervisory Authority, orally or in writing, any information and explanation relating to its business and affairs or its agent within such time as specified by the Regulatory and Supervisory

Authority;

(c)

shall allow the Regulatory and Supervisory Authority to copy or make extracts of any document referred to in paragraph (a); and

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(d)

shall for the purposes of this section provide the Regulatory and Supervisory Authority with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of any program or data held in any computer or otherwise including in a form in which the information contained in a computer or otherwise can be taken away and in which it is visible and legible.

(2)

The Regulatory and Supervisory Authority may take possession of any document, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article to which it has access under subsection (1), if the Regulatory and Supervisory

Authority is of the opinion that the documents, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article may be—

(a)

interfered with, destroyed, concealed or removed unless the Regulatory and Supervisory Authority takes possession of them; or

(b)

needed as evidence in any legal proceedings, whether civil or criminal, which may be instituted under this

Act or any other written law.

(3)

For purposes of an examination under subparagraphs 88(2)(c)(ii)

and (iii), a person under examination shall—

(a)

give to the Regulatory and Supervisory Authority such document, information or explanation as the Regulatory and Supervisory Authority may require within such period as it may specify; and

(b)

not be liable for a breach of a contract relating to, or a duty of, confidentiality for giving such document, information or explanation under paragraph (a).

(4)

Any person examined under section 88 shall appear before the Regulatory and Supervisory Authority at such place, and at such time, as may be specified by the Regulatory and Supervisory

Authority.

(5)

Any person who contravenes subsection (1), paragraph (3)(a)

or subsection (4), or refuses to allow possession by the Regulatory and Supervisory Authority under subsection (2) 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.

Investigation powers

Terms defined in s 4

computer
Defined · s 4
“computer” has the meaning assigned to it in section 3 of the Evidence Act 1950;
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computer output
Defined · s 4
“computer output” means a statement or representation, whether in written, printed, pictorial, film, graphical, acoustic or other form— (a) produced by a computer; (b) displayed on the screen of a computer; or (c) accurately translated from a statement or representation so produced;
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credit
Defined · s 4
“credit” means any arrangement, agreement or facility as set out in subsection 5(2);
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director
Defined · s 4
“director” has the meaning assigned to it in the Companies Act 2016, and includes a reference to a person occupying or acting in the position of a director of a corporation, by whatever name called and whether or not validly appointed to occupy, or duly authorized to act in, such position;
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document
Defined · s 4
“document” has the meaning assigned to it in section 3 of the Evidence Act 1950, and includes books as defined in the Companies Act 2016 and documents of title to assets;
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person
Defined · s 4
“person” includes an individual, any sole proprietorship, corporation, statutory body, local authority, society, trade union, co-operative society, partnership and any other body, organization, association or group of persons, whether corporate or unincorporate;
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premises
Defined · s 4
“premises” includes any land, building, structure, place or vehicle, whether permanent or temporary;
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property
Defined · s 4
“property” means— (a) assets of every kind, whether corporeal or incorporeal, moveable or immovable, tangible or intangible, however acquired; (b) legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including bank credits, traveller’s cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit; or (c) any right, interest, title, claim, chose in action, power or privilege, whether present or future, or whether vested or contingent, in relation to any property, or which is otherwise of value;
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Regulatory and Supervisory Authority
Defined · s 4
“Regulatory and Supervisory Authority” means any body as set out under subsection 34(1);
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specify
Defined · s 4
“specify” means to specify in writing in any form including standards or guidelines, and a power to specify includes the power to specify differently for different persons or different classes, categories or descriptions of persons, credit businesses, credit service businesses, credit providers or credit service providers;
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this Act
Defined · s 4
“this Act” includes any subsidiary legislation, standard or guidelines and notification made under this Act;
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Report

Read on from s 90

Part IX

Enforcement

Read on from Part IX

Part X

General Provisions

Read on from Part X