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Section 85

Examination of person other than prescribed institution

of Development Financial Institutions Act 2002

ActIn forceProvision 101 of 248
Section 85
(1)

The Bank may examine—

(a)

a person who is, or was at any time, a director or employee of a prescribed institution, its subsidiary or of its agent;

(b)

a person who is, or was at any time, a client of, or otherwise having dealings with, the prescribed institution or its subsidiary; or

(c)

a person whom the Bank believes to be acquainted with the facts and circumstances of the case, including the auditor of a prescribed institution or its subsidiary or a member of the

Shariah committee, and that person shall give such document, information or explanation as the Bank may require within such time as the Bank may specify.

(2)

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.

(3)

Any person falling under paragraph (1)(b), an auditor or a member of the Shariah committee referred to in paragraph (1)(c) shall not be liable for breach of a contract relating to, or duty of,

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confidentiality for giving a document, information or explanation under subsection (1).