Malaysia legislation

Section 21

of *DEVELOPMENT FINANCIAL INSTITUTIONS ACT 2002

Section 21

Effect of contravention

(a)

prohibiting the transfer of, or the carrying out of the agreement to transfer, such shares or, in the case of unissued shares, prohibiting the transfer of, or the carrying out of the agreement to transfer, the right to be issued with them;

(b)

prohibiting the exercise of any voting rights in respect of such shares;

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(c)

prohibiting the issue of any further shares in right of such shares or in pursuance of any offer made to their holder; or

(d)

except in a liquidation, prohibiting the payment of any sums due from the prescribed institution on such shares, whether in respect of capital or otherwise.

(2)

Any person who fails to comply with an order under subsection (1) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding one year or to a fine not exceeding five million ringgit or to both.

(3)

Where the Bank is satisfied that any person has contravened subsection 18(1), the Bank may make a preliminary order in writing prohibiting the exercise of any rights under any collateral, or right to transfer any shares or property constituting such collateral regardless as to whether or not there is any prosecution of the person for such contravention.

(4)

Any person who fails to comply with an order under subsection (3) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding one year or to a fine not exceeding five million ringgit or to both.

(5)

Any transaction, including any agreement or arrangement in relation to any shares, or interest in shares, or security, which is in contravention of a preliminary order, or an order confirmed under subsection 23(1), or of any direction of the Bank under subsection 24(1), shall be void and of no effect.

(6)

A person is not entitled to be given an opportunity to be heard before the Bank makes a preliminary order under subsection (1)

against him or which affects him in any manner.

Preliminary order by the Bank