Malaysia legislation
Section 6
Section 6
(1)
Subject to the exercise of power of waiver by the Minister under subsection (2), the licence applied for under section 5 shall not be granted —
(a)
unless the applicant has a capital issued and paid up in cash of not less than two hundred and fifty thousand ringgit, if the application is made by a company; or
(b)
unless the applicant makes a deposit with the Controller of not less than one hundred thousand ringgit in cash or in such other form as the Minister may determine, if the application is made by a person or body of persons or a firm or a society; or
(c)
unless the applicant is not himself nor is any member or partner thereof a person convicted of an offence involving fraud or dishonesty or an undischarged bankrupt, if the application is made respectively by a person, or a body of persons or a firm; or
(d)
unless no one who is convicted of an offence involving fraud or dishonesty or who is an undischarged bankrupt or who is or was a partner of a firm, shareholder or director of a company which was the subject of bankruptcy or winding-up proceedings or who is or was a partner of a firm, shareholder or director of a company which was involved in or has undertaken a housing development but such housing development has failed to be completed is
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holding office as director, manager or secretary or other similar office or position, if the application is made by a company or is holding office as president, secretary or treasurer or other similar office or position, if the application is made by a society; or
(e)
unless, at the time the application is made, the applicant or any member or partner of the applicant has not been involved in any housing development which has been declared abandoned by the Minister or has not, during his involvement in any housing development, failed to fulfil his obligations under a sales and purchase agreement for any housing development or if the applicant is a body of persons or a firm, or a director, manager or secretary of the applicant, or if the applicant is a company, has not been convicted of an offence under this Enactment; or
(f)
if the registration of the applicant’s architect or engineer has been cancelled and has not been reinstated under the Architects Act 1979 [Act 117] or the
Registration of Engineers Act 1967 [Act 138] at the time the application is made.
(1A)
For the purposes of paragraphs (1)(e) and (f), if the applicant is a company, the expression ‘applicant’ shall include the holding company of the applicant, or subsidiary of the applicant or a subsidiary of holding company of the applicant.
(2)
The Minister may in his absolute discretion waive any or all of the conditions set out in subsection (1) (a), (b), (d), (e) and (f) or substitute any or all of the said conditions for such other conditions as he may consider fit and proper for the purpose of carrying into effect the objective of this Enactment.