Malaysia legislation
Section 2
Seksyen 2
Amendment of Second Schedule
Activities Act 2001 is amended in the Second Schedule—
(a)
by inserting before the heading “Anti-Trafficking in Persons and
Anti-Smuggling of Migrants Act 2007 [Act 670]” and the items relating to it the following heading and items:
Offences
Description*
Anti-Money Laundering, Anti-Terrorism Financing and
Proceeds of Unlawful Activities Act 2001 [Act 613]
Subsection 4(1)
Offence of money laundering
Section 4A
Offence of structuring transactions to evade reporting requirement
”;
“
P.U. (A) 294 20
(b)
by deleting the heading “Banking and Financial Institutions Act 1989
[Act 372]” and the items relating to it;
(c)
by inserting after the heading “Betting Act 1953 [Act 495]” and the items relating to it the following heading and items:
Offences
Description*
Capital Markets and Services Act 2007 [Act 671]
Section 7
Establishment of stock markets or derivatives
Section 37
Establishing or operating a clearing facility
Section 58
Requirement for
Capital
Markets
Services Licence
Section 93
Priority given to client’s order
Section 111
Certain monies received by holder of
Capital Markets Services Licence to be paid into trust account
Section 118
Segregation of client’s assets
Section 119
Monies in segregated account not available for payment of debt, etc.
Section 122
Operation of trust account
Section 123
Client’s assets
Section 175
False trading and market rigging transaction
“
P.U. (A) 294 21
Offences
Description*
Section 176
Stock market manipulations
Section 177
False or misleading statements, etc.
Section 179
Use of manipulative and deceptive devices
Section 188
Prohibited conduct of person in possession of inside information
Section 202
False trading
Section 203
Bucketing
Section 205
Manipulation of price of derivatives and cornering
Section 206
Employment of devices, etc., to defraud
Section 207
False or misleading statements
Section 208
Prohibition of abuse of information obtained in official capacity
Section 215
False or misleading statements, etc.
Section 232
Requirement to register prospectus in relation to securities
Section 246
Criminal liability for false statements, etc., in prospectus
Section 317A
Prohibited conduct of director or officer of a listed corporation
P.U. (A) 294 22
Offences
Description*
Section 320A
False or misleading financial statements of a listed corporation
Section 368
Falsification of records
Section 369
False reports to Commission, exchange or approved clearing house
(d)
under the heading “Customs Act 1967 [Act 235]”, by substituting for the words “Subsections 137(1) and (2)” the words “Section 137”;
(e)
by deleting the heading “Exchange Control Act 1953 [Act 17]” and the items relating to it;
(f)
by inserting after the heading “Explosives Act 1957 [Act 207]” and the items relating to it the following heading and items:
Offences
Description*
Financial Services Act 2013 [Act 758]
Section 8
Authorized business to be carried on by authorized person
Section 13
Additional conditions of licence or approval
Subsections 14(1)
and (3)
Authorized person shall to carry on authorized business only
”;
“
P.U. (A) 294 23
Offences
Description*
Subsection 15(1)
Authorized person and operator of designated payment system permitted to carry on certain Islamic financial business subject to written approval
Subsection 16(1)
Licensed insurer shall not carry on both life and general business
Section 17
Registered business to be carried on by registered person
Subsections 19(1)
and (2)
Requirements for representative office
Section 28
Holding out as authorized person or registered person
Section 29
Acting on behalf of unlicensed person
Paragraph 57(1)(c)
Duty of director to only exercise powers which is conferred on him for the purposes for which such powers are conferred
Section 124
Prohibited business conduct
Section 137
Restriction on accepting deposits
Section 138
Advertisements for deposits
Subsection 141(1)
Prohibited conduct in money market and foreign exchange market
Paragraph 143(3)(a)
Submission of document or information which a person knows, or
P.U. (A) 294 24
Offences
Description*
has reason to believe, to be false or misleading in a material particular
Paragraph 207(3)(b)
Dealing with assets of insurance funds without approval in the winding up of a licensed foreign insurer
Subsection 214(2)
Undertake or engage in any transaction set out in Schedule 14
without approval
Section 216
Non-compliance with the directions issued by the Bank
Section 248
Offences in relation to entries in documents
Section 254
Attempts, abetments and conspiracies
(g)
by deleting the heading “Futures Industry Act 1993 [Act 499]” and the items relating to it;
(h)
by deleting the heading “Insurance Act 1996 [Act 553]” and the items relating to it;
(i)
by deleting the heading “Internal Security Act 1960 [Act 82]” and the items relating to it;
(j)
by deleting the heading “Islamic Banking Act 1983 [Act 276]” and the items relating to it;
”;
P.U. (A) 294 25
(k)
by inserting before the heading “Kidnapping Act 1961 [Act 365]” and the items relating to it the following headings and items:
Offences
Description*
International Trade in Endangered Species Act 2008
[Act 686]
Section 10
Import and export of scheduled species
Section 11
Re-export and introduction from the sea of scheduled species
Section 12
Possession of scheduled species
Section 13
Scheduled species in transit
Section 14
Breeding or propagation of scheduled species
Islamic Financial Services Act 2013 [Act 759]
Section 8
Authorized business to be carried on by authorized person
Section 13
Additional conditions of licence or approval
Subsection 14(1)
Persons approved under the Financial
Services Act 2013 may carry on
Islamic financial business with prior approval
Subsections 15(1)
and (3)
Authorized person to carry on authorized business only
“
P.U. (A) 294 26
Offences
Description*
Subsection 16(1)
Licensed takaful operator shall not carry on both family takaful and general takaful business
Subsections 17(1)
and (2)
Requirements for representative office
Section 25
Holding out as authorized person
Section 26
Acting on behalf of unlicensed person
Paragraph 66(1)(c)
Duty of director to only exercise powers which is conferred on him for the purposes for which such powers are conferred
Section 136
Prohibited business conduct
Section 149
Restriction on accepting
Islamic deposits
Section 150
Advertisements for Islamic deposits
Subsection 153(1)
Prohibited conduct in Islamic money market and Islamic foreign exchange market
Paragraph 155(3)(a)
Submission of document or information which a person knows, or has reason to believe, to be false or misleading in a material particular
P.U. (A) 294 27
Offences
Description*
Paragraph 218(4)(c)
Dealing with assets of takaful fund without approval in the winding up of a licensed foreign takaful operator
Subsection 225(2)
Undertake or engage in any transaction set out in Schedule 14
without approval
Section 227
Non-compliance with the directions issued by the Bank
Section 265
Attempts, abetments and conspiracies
(l)
by inserting after the heading “Kootu Funds (Prohibition) Act 1971
[Act 28]” and the items relating to it the following headings and items:
Offences
Description*
Labuan Financial Services and Securities Act 2010 [Act 704]
Section 8
Offers or invitations which require the approval of the Authority
Section 31
Public funds shall be registered
Section 40
Licensing of fund managers
Section 41
Licensing of fund administrators
Section 55
Securities licensee
Section 60
Licence required to carry on trust company business in Labuan
”;
“
P.U. (A) 294 28
Offences
Description*
Section 71
Licensing of Labuan managed trust companies
Section 87
Labuan banking business, Labuan investment banking business and
Labuan financial business to be carried on only under licence
Section 102
Licensing of
Labuan insurance business and Labuan insurance related activities
Section 134
Establishment of exchanges
Section 146
Creation of false or misleading market
Section 147
Insider dealing
Section 171
Payment system
Labuan Islamic Financial Services and Securities Act 2010
[Act 705]
Section 13
Offers or invitations which require the approval of the Authority
Section 36
Islamic public fund shall be registered
Section 45
Fund manager or fund administrator of an Islamic public fund
Section 56
Islamic securities licensee
Section 61
Labuan Islamic banking business to be carried on only under licence
P.U. (A) 294 29
Offences
Description*
Section 62
Labuan Islamic investment banking business to be carried on only under licence
Section 77
Licensing of Labuan takaful business and Labuan takaful related activities
Section 136
Payment systems
(m)
by deleting the heading “Labuan Offshore Securities Industry Act 1998
[Act 579]” and the items relating to it;
(n)
by deleting the heading “Labuan Trust Companies Act 1990 [Act 442]” and the items relating to it;
(o)
by deleting the heading “Money-Changing Act 1998 [Act 577]” and the items relating to it;
(p)
by inserting the following items under the heading “Money Services
Business Act 2011 [Act 731]”:
Offences
Description*
Section 29
Sale, leasing etc., of money services business
Section 35
Submission of false information
(q)
by deleting the heading “Offshore Banking Act 1990 [Act 443]” and the items relating to it;
”;
“
”;
P.U. (A) 294 30
(r)
by deleting the heading “Offshore Insurance Act 1990 [Act 444]” and the items relating to it;
(s)
by deleting the heading “Payment Systems Act 2003 [Act 627]” and the items relating to it;
(t)
by deleting the heading “Securities Commission Act 1993 [Act 498]” and the items relating to it;
(u)
by deleting the heading “Securities Industry Act 1983 [Act 280]” and the items relating to it;
(v)
by deleting the heading “Takaful Act 1984 [Act 312]” and the items relating to it; and
(w)
by substituting for the heading “Trade Descriptions Act 1972 [Act 87]”
and the items relating to it the following headings and items:
Offences
Description*
Trade Descriptions Act 2011 [Act 730]
Section 5
Prohibition of false trade description
Section 8
Prohibition on false trade description in relation to trademark
Wildlife Conservation Act 2010 [Act 716]
Section 60
Hunting, etc., protected wildlife without licence
Section 61
Hunting, etc., immature protected wildlife without licence
“
P.U. (A) 294 31
Offences
Description*
Section 62
Hunting, etc., female of protected wildlife without licence
Section 63
Carrying out business of dealing, etc., without licence
Section 64
Collecting birds’ nests without licence
Section 65
Importing, etc., protected wildlife without licence
Section 66
Operating zoo, etc., without permit
Section 68
Hunting, etc., totally protected wildlife without special permit
Section 69
Hunting, etc., immature totally protected wildlife without special permit
Section 70
Hunting, etc., female of totally protected wildlife without special permit
Section 71
Importing, etc., totally protected wildlife without special permit
Section 72
Using, etc., totally protected wildlife without special permit
Section 76
Hunting, etc., wildlife in wildlife reserve or wildlife sanctuary
Section 77
Hunting wildlife during prohibited hours
P.U. (A) 294 32
Offences
Description*
Section 78
Hunting protected wildlife during close season
Section 79
Hunting wildlife with poison, etc.
Section 80
Hunting wildlife with arms or traps other than prescribed
Section 81
Hunting, etc., wildlife within four hundred metres of salt lick
Section 85
Disturbing salt lick or its vicinity
Section 87
Things containing derivative of totally protected wildlife
Section 117
Controlled species
Section 119
Prohibition on hybridization activity
Section 120
Purchase of protected wildlife, etc., by persons other than licensed dealer, etc.
Made 4 November 2014
[BNM.JUN 1125/3603; PN(PU2)622/XVI]
DATO’ SERI AHMAD HUSNI BIN MOHAMAD HANADZLAH
Second Minister of Finance
”.