Registered Agents and Trustees Licensing Order, 2000 · As enacted · Part II
Section 12
Official textFrom Attorney General's Chambers, unchanged
The Authority may -
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;
impose any terms and conditions for the grant of any licence;
prescribe terms and conditions applying to all licensees or businesses;
vary from time to time any term or condition prescribed under paragraphs (a) or (b) or prescribe new conditions.
Subject to subsection (31, it shall be a condition of every licence that the licensee -
has a fully paid-up share capital of not less than one hundred and fifty thousand Brunei dollars or the equivalent in another currency acceptable to the Authority, or such greater sum as the Authority may prescribe; or
has an authorised capital of not less than one hundred and fifty thousand Brunei dollars or such greater sum as the Authority may prescribe, of which not less than seventy-five thousand dollars has been fully paid and provides a guarantee under seal given by a holding or parent or other company in a sum and on terms approved by the Authority (such guarantee expressly providing that its formal and essential validity, its interpretation, effects, and the rights and obligations of the parties to it are governed exclusively by the law of Brunei Darussalam and that only the High Court shall be the forum for those purposes);
maintains and notifies the Authority of an established office in
Brunei Darussalam, provided that in the case of a managed licensee such office may be at the premises of a licensee having a full presence in Brunei Darussalam;
has at all times no less than two individual directors ordinarily resident in Brunei Darussalam to be authorised agents in Brunei
Darussalam responsible for the business conducted in Brunei
Darussalam, and to accept notices and service of process on behalf of the licensee and to act as an intermediary between the Authority and the licensee; and
shall before the appointment of a director, general manager, chief executive, financial controller, controller or other senior officer, exercising their functions in Brunei Darussalam apply to the
Authority for written approval of the appointment;
(fl maintains within Brunei Darussalam such books and accounts as shall accurately reflect the business of the licensee carried on in or from within Brunei Darussalam;
maintains within Brunei Darussalam adequate systems of control of its own and clients' business and records;
effects a policy of insurance with a reputable insurer approved by the Authority against -
(i] losses arising out of claims of negligence or breach of duty by the licensee or any employee;
the dishonesty of licensees or any employee;
loss of documents; and
such other risks as the Authority may from time to time prescribe, in such amount and of such a nature (including the identification of jurisdictions or territories covered) as is acceptable to the Authority.
forthwith notifies the Authority -
of any proposed change in its place of business in Brunei
Darussalam;
(ii] of any proposed change in a resident director required by subsection (2)(d) or of any officer mentioned in subsection
(21/e/;
[iii] if any of the events specified in section 31(1](a) to (e) occur;
and
(iv] if its insurance is withdrawn, cancelled, varied or not renewed.
The Authority may by notice in writing exempt any person wholly or in part from the requirements of subsection (2), upon such terms and conditions as the Authority considers appropriate.
When the Authority exercises any of the powers conferred by this section, he shall give notice in writing to any licensee concerned within fourteen days of his decision.
Offences for non-compliance with licence.
Terms defined in s 2
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;