Securities Industry (Central Depositories) Act 1991 · Updated to 11 Apr 1991 · Part V · Offences
47. Falsification of records or accounts
Feedback & supportWhere a central depository or its authorized depository agent keeps or maintains a record or an account that is required to be kept or maintained under any of the provisions of this Act by means of a mechanical device, an electronic device, or any other device, any person who—
central depository
―central depository‖ means a company approved by the Minister under section 5— Securities Industry (Central Depositories) 11 (a) to establish and operate a system for the central handling of securities, whether or not listed on any stock exchange,— (i) whereby all such securities are deposited with and held in custody by, or registered in the name of, the company or its nominee company for the depositors and dealings in respect of those securities are effected by means of entries in securities accounts without the physical delivery of scrips; or (ii) which permits or facilitates the settlement of securities transactions or dealings in securities without the physical delivery of scrips; and (b) to provide other facilities and services incidental thereto;
records or stores, by means of that device, information that he knows or ought to know to be false or misleading in a material particular;
information
―information‖ includes data recorded in a form which can be processed by equipment operating automatically in response to instructions given for a particular purpose;
falsifies; or
with intent to falsify, destroys or removes—
information that is recorded or stored by means of that device;
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information that has been prepared for the purpose of being recorded or stored by means of that device;
information that has been prepared for use in compiling records;
information that has been prepared for use in recovering other information that has been recorded or stored by means of that device;
having a duty to record or store information by means of that device, fails to record or store such information—
record
―record‖ includes, in addition to a record in writing— (a) any photograph; (b) any disc, tape, sound-track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced therefrom; and (c) any film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced therefrom, and any reference to a copy of a record includes— (i) in the case of a record falling within paragraph (b) but not paragraph (c) of this definition, a transcript of the sounds or other data embodied therein; *NOTE—This Act has since been repealed by Capital Market and Services Act 2007 which comes into operation on 28 September 2007 except Division 2 of Part VI which comes into operation on 1 April 2010–see subsection 381(2)…
with intent to falsify, wholly or in part, any entry made, or record intended to be compiled, from the information that has been recorded or stored;
or
knowing that the failure to so record or store the information will render false or misleading in a material particular other information so recorded or stored, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten million ringgit or to imprisonment for a term not exceeding ten years or to both.