Brunei Darussalam Central Bank Order, 2010 (Formerly Known as Autoriti Monetari Brunei Darussalam Order) · As enacted · Part VI · Relations with Banks and Financial Institutions
54. Power to issue directions to banks and financial institutions
Official textFrom Attorney General's Chambers, unchanged
The Authority may, if it thinks necessary in the public interest, request information from and make recommendations to any bank or financial institution as the Authority may determine and may issue directions for the purpose of securing that effect is given to any such request or recommendation.
bank
"bank" means- {a} in relation to Brunei Darussalam, a bank licensed under sections 4 or 23 of the Banking Order, 2006 (S 45/06), an international bank licensed under section 7 of the International Banking Order, 2000 {S 53/00) and an Islamic bank licensed under sections 4 or 23 of the Islamic Banking Order, 2008 (S 96/08); {b) in relation to any country, territory or place outside Brunei Darussalam, a person lawfully carrying on therein business corresponding in whole, in part or in substance to "banking business" as defined in section 2(1) of the Banking Order, 2006 (S 45/06) or in section 2(1) of the International Banking Order, 2000 {S 53/00); and includes Islamic banking business as defined in section 2(1) of the Islamic Banking Order, 2008 (S 96/08);
Before issuing any direction under subsection (1), such bank or financial institution shall, unless the Authority in respect of any particular direction decides it is not practicable or desirable, be given an opportunity to make representations with regard to the proposed direction within the time as the Authority shall specify in the directions.
financial institution
"financial institution" means (a) any insurer registered under the Insurance Order, 2006 (S 48/06) or the Takaful Order, 2008 (S 100/08) or any person licensed under the International Insurance and Takaful Order, 2002 (S 43/02); {b} any finance company licensed under the Finance Companies Act; (c) any person licensed under the Registered Agents and Trustees Licensing Order, 2000 (S 54/00), the Mutual Funds Order, 2001 (S 18/01), the Securities Order, 2001 (S 31/01) or the International Insurance and Takaful Order, 2002 (S 43/02); {d} any person licensed to carry on any money-changing business or remittance business under the Money-Changing and Remittance Businesses Act; (e) such other person licensed, approved or regulated by the Authority under any written law;
(3}
Upon receipt of any representations referred to in subsection (2), the
Authority shall consider them and may-
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{a}
reject the representations; or
(bJ amend or modify the proposed direction in accordance with the representations, or otherwise,
BRUNEI DARUSSALAM GOVERNMENT GAZETTE and in either event, the Authority shall thereupon issue a further direction in writing to such bank or financial institution, as the case may be, requiring that effect be given to the proposed direction or to the proposed direction as subsequently amended or modified by it within a reasonable time, and such bank or financial institution, as the case may be, shall comply with that direction.
Any bank or financial institution that fails or refuses to comply with a direction issued under this section is guilty of an offence and liable on conviction to a fine not exceeding $20,000.
Terms defined in s 2
bank
Defined · s 2"bank" means- {a} in relation to Brunei Darussalam, a bank licensed under sections 4 or 23 of the Banking Order, 2006 (S 45/06), an international bank licensed under section 7 of the International Banking Order, 2000 {S 53/00) and an Islamic bank licensed under sections 4 or 23 of the Islamic Banking Order, 2008 (S 96/08); {b) in relation to any country, territory or place outside Brunei Darussalam, a person lawfully carrying on therein business corresponding in whole, in part or in substance to "banking business" as defined in section 2(1) of the Banking Order, 2006 (S 45/06) or in section 2(1) of the International Banking Order, 2000 {S 53/00); and includes Islamic banking business as defined in section 2(1) of the Islamic Banking Order, 2008 (S 96/08);
financial institution
Defined · s 2"financial institution" means (a) any insurer registered under the Insurance Order, 2006 (S 48/06) or the Takaful Order, 2008 (S 100/08) or any person licensed under the International Insurance and Takaful Order, 2002 (S 43/02); {b} any finance company licensed under the Finance Companies Act; (c) any person licensed under the Registered Agents and Trustees Licensing Order, 2000 (S 54/00), the Mutual Funds Order, 2001 (S 18/01), the Securities Order, 2001 (S 31/01) or the International Insurance and Takaful Order, 2002 (S 43/02); {d} any person licensed to carry on any money-changing business or remittance business under the Money-Changing and Remittance Businesses Act; (e) such other person licensed, approved or regulated by the Authority under any written law;