In force1999 Revised Edition

Contents

4. Controller

(1)

The Controller may investigate or enquire into the

Powersof business and affairs of the Bank, the Finance Company or any investigation connected person.

(2)

For the purpose of any investigation or enquiry under section 4(1), the Controller may -

(a)

enter and search any office, place of business or residence, and inspect any book or other document whatsoever, of the Bank, the Finance Company or any connected person;

(b)

require the Bank, the Finance Company or a connected person to produce to him any account, book or other document whatsoever within the custody or control thereof;

National Bank of Brunei Berhad;

National Finance Sendirian Berhad

(c)

by notice in writing require any person whether or not a connected person to appear before him in order to answer any question as may be asked of such person in relation to the business or affairs of the Bank or of the Finance Company and may require that such answers be given on oath or affirmation;

and

(d)

seize, take possession of and retain for such time as the Controller may deem necessary any object, article, material or thing, or any account, book or other document whatsoever relating to the Bank, the Finance Company or any connected person; and /

(e)

if a connected person is an individual, search him, provided alwaysthat wheneverit is necessaryto cause a woman to be searched, the search shall be made by another woman; and

(f)

seize, take possession of and retain for such time as the Controller may deem necessary the passport of any connected person.

(3)

In conducting any examination under section 4(2)(c), the person conducting such examination may cause the proceedings of such examination to be recorded in writing.

(4)

Any record of an examination made pursuant to section 4(3) shall be clearly read to and signed by the person examined, provided that if the person examined refuses to sign such record, the person conducting the examination shall endorse thereon under his hand the fact of such refusal and the reason thereof, if any, given by the person examined.

(5)

Any finding, investigation report, examination record or other document relating to an investigation or enquiry under this Act shall, notwithstanding any other

National Bank of Brunei Berhad;

National Finance Sendirian Berhad

CAP. 156 9

written law or rule of law relating to evidence, be admissible in any proceeding under this Act or otherwise.

(6)

The Controller may-

(a)

grant permission to any person to have access to anything seized or of which possession is taken during the course of an investigation or enquiry under this Act; or

(b)

disclose or make available to any police officer or public officer any finding, investigation report, examination record or other document relating to an investigation or enquiry under this Act.

(7)

If the Bank, the Finance Company or any person fails to comply with any requirement or refuses to answer any question which in any case is made or posed by the Controller in the exercise of his powers under the provisions of this section 4, such person shall be guilty of an offence:

Penalty, imprisonment for 2 years and a fine of $10,000.

(8)

Whether or not any investigation or enquiry under section 4(1) has been commenced, any person who shall-

(a)

conceal, hide, destroy or alter any object, article, material or thing, or any account, book or other document or any entry therein, of or relating to the Bank, the Finance Company or any connected person or the business or affairs thereof;

(b)

send any thing referred to in paragraph (a) out of Brunei Darussalam;

(c)

sell, dispose of, charge, pledge, transfer or otherwise deal with or dissipate or remove from or send out of Brunei Darussalam, any money, property or asset belonging to or secured in favour of the Bank, the Finance Company or any connected person,

BLR.Q.1/ 1999

National Bank of Brunei Berhad;

National Finance Sendirian Berhad

Management ofthe Bank and the

Finance

Company such person shall be guilty of an offence:

Penalty, imprisonment for 2 years and a fine of $10,000.

(9)

Any person whowilfullymakesany falsestatement inanswerto a questionaskedofhimunder section4(2)(c)shall be guiltyof an offence: Penalty,imprisonmentfor a term of2

years and a fine of $10,000.

(10)

Any person who wilfully obstructs the Controller in the exercise of powers under this section shall be guilty of an offence: Penalty, imprisonment for 2 years and a fine of

$10,000.

Terms defined in s 2

Bank
Defined · s 2
"Bank" means National Bank of Brunei Berhad, a company incorporated in Brunei Darussalam;
Open s 2
connected person
Defined · s 2
"connected person" means any person whom the Controller shall determine or deem to be a connected person for the purposes of this Act and may include - the date of (a) any person who at any time prior to commencement controlled or was concerned with the control or the management of the business and/ or affairs of the Bank or the Finance Company whether directly or indirectly, in whole or in part, by operation of law, by contractual National Bank of Brunei Berhad; National Finance Sendirian Berhad right, by virtue of familial relationship, by arrangement (trust or other) or otherwise and irrespective of the manner in which such control or concern arose. or was exercised; (b) any person who has at any time had an interest in the share capital of the Bank or the Finance Company; (c) any person who at any time prior to commencement was a director, banker, auditor, legal or other adviser or employee of the Bank or the Finance Company; (d) any person who has at any time had or continues to have in his possession or under his control any asset belonging to or financed by the Bank or the Finance Company; (e) any person who upon commencement is indebted to the Bank or the Finance Company; (j) any person who has lent money to or deposited money with the Bank or the Finance Company, whether or not the same remains outstanding upon commencement; (g) any person whom the Controller believes to possess any knowledge or information relating to the business dealings, affairs or assets of the Bank or the Finance Company; (h) any relative of any person referred to in paragraph (a), (b), (c), (d), (e), (j) or (g); (i) any company (i) of which any person referred to in paragraph (a), (b), (c), (d), (e), (j), (g) or (h) is a director or officer; (ii) over which National Bank of Brunei Berhad; National Finance Sendirian Berhad…
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document
Defined · s 2
"document" includes any paper, card, storage medium (magnetic or other) or other material or substance on or in which is written, printed, typewritten, lighographed, marked, captured, re-presented, reproduced or otherwise recorded or expressed any letter, figure, mark or any other visible, pictorial or audible representation;
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Finance Company
Defined · s 2
"Finance Company" means National Finance Sendirian Berhad, a company incorporated in Brunei Darussalam;
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passport
Defined · s 2
"passport" means any document issued by a competent authority whetherin BruneiDarussalam or otherwise granting permission to the person specifiedin it to travel and authenticating his right to protection and shallincludeany documentwhich establishesthe identity of the holder;
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person
Defined · s 2
"person" includes an individual, body, company, corporation, sole trader, firm, joint venture, asso-ciation, trust, syndicate, group, organisation, entity or a partnership of all or any of the foregoing, in each case whether or not having separate legal personality;
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public officer
Defined · s 2
"public officer" has the meaning ascribed thereto in the Constitution of Brunei Darussalam;
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the Controller
Defined · s 2
"the Controller" means the person appointed by His Majesty the Sultan and Yang Di-Pertuan as Controller of the Bank and the Finance Company for the purposes of this Act;
Open s 2

Report

Read on from s 5