Section 21

any company owing a duty or liability under a credit facility to the Corporation or any subsidiary of the

Corporation, whether present, future, vested or contingent;

any subsidiary of the company referred to in paragraph (a);

any company which has provided security for the performance of or discharge of a duty or liability owed by any person to the Corporation or any subsidiary of the

Corporation, whether present, future, vested or contingent;

or

Pengurusan Danaharta Nasional Berhad 31

any company where at least two per cent of its share capital has been charged, pledged or mortgaged by any person to secure the performance of or discharge of a duty or liability owed by any person to the Corporation or any subsidiary of the Corporation, whether present, future, vested or contingent;

“primary affected person” means any company referred to in paragraph (a) of the definition of “affected person”;

“secured creditor” means a person who holds as security for a liability of an affected person—

a charge duly registered under the National Land Code, the Land Ordinance of Sabah or the Land Code of

Sarawak over land belonging to the affected person;

a fixed or floating charge on the undertaking or property of the affected person and which, if required by subsection 108(3) of the Companies Act 1965, is duly registered in accordance with subsection 108(1)

of the Companies Act 1965;

an assignment by an affected person of its rights under an agreement to purchase land or a parcel of a building where the issue document of title to the land or the strata title to the parcel of a building has not been issued at the time of the assignment;

the issue document of title to any land or any duplicate lease belonging to the affected person and in respect of which a lienholder’s caveat has been duly entered in accordance with the provisions of the National Land

Code;

a charge, mortgage, pledge or lien over marketable securities (as defined in the Companies Act 1965)

belonging to the affected person and which, if duly required by subsection 108(3) of the Companies Act 1965, is duly registered in accordance with subsection 108(1) of the Companies Act 1965; or

32 Laws of Malaysia

a charge, mortgage, pledge or lien over moneys placed on fixed deposit by the affected person duly registered under subsection 108(1) of the Companies Act 1965.

The Minister may, on the recommendation of the Corporation, amend the definition of “secured creditor” in subsection (1) by notification in the Gazette.

Establishment and functions of the Oversight Committee