Malaysian Anti-Corruption Commission Act 2009 · Updated to 20 May 2022 · Part V · Investigation, Search, Seizure and Arrest
37. Order not to part with, deal in, movable property in financial institution, etc.
Feedback & supportWhere the Public Prosecutor is satisfied on information given to him by an officer of the Commission that any movable property, including any monetary instrument or any accretion thereto, which is the subject matter of an offence under this Act or evidence in relation to the commission of such offence, is in the possession, custody or control of a financial institution, he may, notwithstanding any other written law or rule of law, by order direct the financial institution not to part with, deal in, or otherwise dispose of such property or any part thereof until the order is revoked or varied.
officer of the Commission
“officer of the Commission” means the Chief Commissioner and any officer appointed under subsection 6(1);
An officer of the Commission shall forthwith notify Bank
Negara Malaysia, the Securities Commission or the Labuan
Financial Services Authority, as the case may be, of any order made under subsection (1).
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A financial institution or any agent or employee of a financial institution shall not, on account of such compliance, be liable to any prosecution under or by virtue of any law or to any proceeding or claim by any person under or by virtue of any law or under or by virtue of any contract, agreement, or arrangement, or otherwise.
financial institution
“financial institution” means— (a) a licensed bank, licensed insurer and investment bank under the Financial Services Act 2013; (b) a licensed international Islamic bank, licensed international takaful operator, licensed Islamic bank and licensed takaful operator under the Islamic Financial Services Act 2013; (c) a prescribed institution under the Development Financial Institutions Act 2002; (d) a licensee under the Money Services Business Act 2011; (e) a person licensed or registered under the Capital Markets and Services Act 2007; (f) the central depository established under the Securities Industry (Central Depositories) Act 1991; (g) a bank licensee, an insurance licensee, a securities licensee and any entity licensed or registered under the Labuan Financial Services and Securities Act 2010; (h) an Islamic bank licensee, a takaful licensee, an Islamic securities licensee and any entity licensed or registered under the Labuan Islamic Financial Services and Securities Act 2010; and (i) any other financial institution established or licensed under any other written law or any co-operative society registered or deemed to have been registered under the Co-operative Societies Act 1993;
A person who fails to comply with an order of the Public
Prosecutor under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding two times the amount which was paid out in contravention of the Public Prosecutor’s order or fifty thousand ringgit, whichever is the higher, and to imprisonment for a term not exceeding two years.