Development Financial Institutions Act 2002 · Updated to 6 Oct 2023 · Part VIII · Examination and Investigation
84. Duty to produce and provide access to document and information
Feedback & supportA prescribed institution or its subsidiary under examination and its director, employee and agent—
prescribed institution
“prescribed institution” means a development financial institution which is prescribed by the Minister under subsection 2(1);
shall afford the Bank access to its documents, including documents of title to its assets, all securities held by it in respect of its customers’ transactions and investments held by it, cash, premises, apparatus, equipment or machinery, and produce to the Bank all such documents or cash, as the
Bank may require within such time as the Bank may specify;
shall provide the Bank facility to carry out the examination;
and
shall give to the Bank, orally or in writing, such information as he may require relating to the business of that person, or his agent, within such time as may be specified by the Bank.
Any person who contravenes subsection (1) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding eight years or to a fine not exceeding twenty-five million ringgit or to both.
person
“person” includes an individual, any 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;
The Bank may take possession of any document, title, security, cash, apparatus, equipment or machinery to which he has access under subsection (1) where in his opinion—
Bank
“Bank” means the Central Bank of Malaysia established under the *Central Bank of Malaysia Act 2009;
it is necessary for the purpose of inspection, including copying or making an extract;
it may be interfered with, destroyed, concealed or removed unless he takes possession of it; or
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it may be needed as evidence in any legal proceedings, whether civil or criminal, which may be instituted under this Act, the Central Bank of Malaysia Act 2009 or any other written law.
Any person who refuses to allow the Bank to take possession of the document, title, security, cash, apparatus, equipment or machinery under subsection (3), commits an offence and shall on conviction be liable to imprisonment for a term not exceeding eight years or to a fine not exceeding twenty-five million ringgit or to both.