Malaysia legislation

Section 32

of LABUAN ISLAMIC FINANCIAL SERVICES AND SECURITIES ACT 2010

Section 32

In this Part, unless the context otherwise requires—

“investor” means a person, including a custodian and an underwriter, who is the owner of securities issued by an Islamic mutual fund but does not include a person who only takes the initiative in forming or organizing the business of the Islamic mutual fund and does not have any ownership in the fund;

“operator”, in respect of an Islamic mutual fund, means—

(a)

where the Islamic mutual fund is a corporation, a director of that corporation;

Act 705

(b)

where the Islamic mutual fund is a limited partnership, a general partner in that limited partnership;

(c)

where the Islamic mutual fund is a limited liability partnership, the designated partner in that limited liability partnership; or

(d)

where the Islamic mutual fund is a unit trust, a trustee of that trust;

“promoter” means a person acting alone or in conjunction with others directly or indirectly who takes the initiative in forming or organizing the business of an Islamic mutual fund, but does not include a custodian or an underwriter who receives underwriting commission without taking part in the founding or organizing of the Islamic mutual fund business;

“registered Islamic public fund” means an Islamic public fund registered under section 38;

“shares” means one or more of the shares in the share capital of an Islamic mutual fund company including, in the case of a company limited by guarantee, the interest of a member of such company and includes an interest in an Islamic mutual fund partnership and a unit in an Islamic mutual fund unit trust.

Islamic private fund

Notification by Islamic private fund