International Banking Order, 2000 · As enacted · Part III
Section 29th
Official textFrom Attorney General's Chambers, unchanged
2000
{a/ by notice in writing served on a licensee, a director or other officer require the licensee or such director or officer to produce, within such time and at such place as may be specified in the notice, such document or documents of such description as may be so specified;
licensee
"licensee" means a bank which is for the time being the holder of a licence;
(b} authorise a person appointed by the Authority (in this section referred to as "the appointee"), on production of his authority, to require the licensee to provide the appointee forthwith with such information or to produce to the appointee forthwith such documents as he may specify, being such information or documents as the Authority may reasonably require for the performance of his functions under this Order.
the Authority
"the Authority" means such person or body as is appointed by His Majesty the Sultan and Yang Di-Pertuan to be the Authority for the purposes of this Order;
Where, by virtue of subsection (1), the Authority or any appointee has power to require the production of any documents from a licensee, the Authority or appointee shall have the same power to require the production of those documents from any person who appears to be in possession of them; but where any person from whom production of any documents is required under this section claims a lien on documents produced by him, the production shall be without prejuaice to that lien.
Any power under this section to require a person to produce documents includes power -
fa} if the documents are produced, to take copies of them or extracts from them and to require the person in question or, where that person is an institution, any other person who is a present or past director, controller or manager of, or is or was at any time employed by or acting as an employee of, that institution, to provide an explanation of them; and fb} if the documents are not produced, to require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.
institution
"institution" means a company incorporated or registered under the Companies Act, an international business company or a foreign international company;
The Authority may be notice in writing served on any person who is or is to be a director, controller or manager of a licensee, require him to provide to the
director
"director" includes any person occupying the position of director of a comp{lny, by whatever name called, and includes an alternate or substitute director;
Authority, within such time as may be specified in the notice, with such information or documents as the Authority may reasonably require for determining whether he is a fit and proper person to hold the position which he holds or is to hold.
(71
A statement made by a person in compliance with a requirement imposed by this section may be used in evidence against him.
1057
Nothing in this section entitles the Authority to require any person to furnish information in circumstances which would give rise to a contravention by him of section 18(1).
Assistance to designated supervisory authority.
Terms defined in s 2
director
Defined · s 2"director" includes any person occupying the position of director of a comp{lny, by whatever name called, and includes an alternate or substitute director;
institution
Defined · s 2"institution" means a company incorporated or registered under the Companies Act, an international business company or a foreign international company;
licensee
Defined · s 2"licensee" means a bank which is for the time being the holder of a licence;
the Authority
Defined · s 2"the Authority" means such person or body as is appointed by His Majesty the Sultan and Yang Di-Pertuan to be the Authority for the purposes of this Order;