Takaful Order, 2008 · s 38

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38.
(1)
The Authority may by notice in writing require a takaful operator to submit to him the forms of proposal and certificate in used by the takaful operator in Brunei Darussalam, and any brochures which are in used by the takaful operator for describing the terms or conditions of, or the benefits to be or likely to be derived from such certificates; and where the whole or part of any such forms or brochures are not in the Malay or English language, there shall be submitted with them a translation in the Malay or English language.
(2)
A requirement under this section, unless it is otherwise provided therein, shall apply to all such forms and brochures coming into use after the making of the requirement and until the Authority notifies the takaful operator that the requirement has been withdrawn.
(3) If it appears to the Authority, after affording the takaful operator an opportunity to make representations orally or in writing, that any such form or brochure contravenes or fails to comply with any provision of this Order, or is in any respect likely to mislead, he may by notice in writing direct the takaful operator to discontinue the use of the form or brochure in Brunei Darussalam either forthwith or from a date specified in the notice.
(4}
No Brunei Darussalam takaful operator shall use in the course of carrying on takaful business in Brunei Darussalam a form of proposal which does not have prominently displayed therein a warning that if a proposer does not fully and faithfully give the facts as he knows them or ought to know them, he may receive nothing from the certificate.
(5)
For each occasion on which any takaful operator uses a form or brochure in contravention of subsections (3) or (4), the takaful operator shall be guilty of an offence and shall be liable on conviction to a fine not exceeding
$10,000.
(6)
In this section, "brochure" includes any printed leaflet and advertising material.
3011

Misleading statements, promises or forecasts inducing persons to enter into contract of takaful.

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s 38

(1)

The Authority may by notice in writing require a takaful operator to submit to him the forms of proposal and certificate in used by the takaful operator in Brunei Darussalam, and any brochures which are in used by the takaful operator for describing the terms or conditions of, or the benefits to be or likely to be derived from such certificates; and where the whole or part of any such forms or brochures are not in the Malay or English language, there shall be submitted with them a translation in the Malay or English language.

(2)

A requirement under this section, unless it is otherwise provided therein, shall apply to all such forms and brochures coming into use after the making of the requirement and until the Authority notifies the takaful operator that the requirement has been withdrawn.

(3)

If it appears to the Authority, after affording the takaful operator an opportunity to make representations orally or in writing, that any such form or brochure contravenes or fails to comply with any provision of this Order, or is in any respect likely to mislead, he may by notice in writing direct the takaful operator to discontinue the use of the form or brochure in Brunei Darussalam either forthwith or from a date specified in the notice.

(4}

No Brunei Darussalam takaful operator shall use in the course of carrying on takaful business in Brunei Darussalam a form of proposal which does not have prominently displayed therein a warning that if a proposer does not fully and faithfully give the facts as he knows them or ought to know them, he may receive nothing from the certificate.

(5)

For each occasion on which any takaful operator uses a form or brochure in contravention of subsections (3) or (4), the takaful operator shall be guilty of an offence and shall be liable on conviction to a fine not exceeding

$10,000.

(6)

In this section, "brochure" includes any printed leaflet and advertising material.

3011

Misleading statements, promises or forecasts inducing persons to enter into contract of takaful.