Takaful Order, 2008 · As enacted · Part IV
66. (1)
Official textFrom Attorney General's Chambers, unchanged
Where the Authority is satisfied that the affairs of any takaful operator are being conducted in a manner likely to be contrary to Hukum Syara' or detrimental to the public interest, the interests of the participants or the interests of the takaful operators, the Authority may issue such directions to the takaful operator as he considers necessary, and may in particular require the takaful operator-
Authority
"Authority" means such person as is appointed by His Majesty the Sultan and Yang Di-Pertuan under section 4(1) to be the Authority for the purposes of this Order;
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{a) to take such action or recruit such management personnel as may be necessary to enable it to conduct its business in accordance with sound takaful principles;
takaful
"takaful" means a scheme in accordance to Hukum Syara' based on brotherhood, solidarity and mutual assistance which provides for mutual financial aid and assistance to the participants in case of need whereby the participants mutually agree to contribute for the purpose;
{b) to remove any of its directors or any person whom the Authority considers unfit to be associated with it;
{c) to take action as to the disposition or recovery of its assets;
{d) to take any available steps for the recovery by the takaful operator of sums appearing to the Authority to have been illegally or improperly paid;
takaful operator
"takaful operator" means a takaful operator which has been registered by the Authority under this Order; 11Undertakingn shall be construed in accordance with Part III of the First Schedule;
{e) to stop renewing or issuing further certificates of the classes of business to which the direction relates;
to make such arrangements with respect to re-takaful as the
re-takaful
"re-takaful" means an arrangement consistent with sound takaful principles for re-takaful of liabilities in respect of risks undertaken or to be undertaken by the takaful operator in the course of his carrying on takaful business;
Authority may specify in the directions; and
to take action to make good any default under sections 18, 19, 20,
21, 22 or 23.
The Authority may, upon representation being made to him, or on his own motion, modify or cancel any direction issued under subsection (1) and, in so doing, may impose such conditions as he thinks fit.
A takaful operator who fails to comply with any direction issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000, and in the case of a continuing offence to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
Winding-up
General provisions as to winding-up.
Terms defined in s 2
Authority
Defined · s 2"Authority" means such person as is appointed by His Majesty the Sultan and Yang Di-Pertuan under section 4(1) to be the Authority for the purposes of this Order;
re-takaful
Defined · s 2"re-takaful" means an arrangement consistent with sound takaful principles for re-takaful of liabilities in respect of risks undertaken or to be undertaken by the takaful operator in the course of his carrying on takaful business;
takaful
Defined · s 2"takaful" means a scheme in accordance to Hukum Syara' based on brotherhood, solidarity and mutual assistance which provides for mutual financial aid and assistance to the participants in case of need whereby the participants mutually agree to contribute for the purpose;
takaful operator
Defined · s 2"takaful operator" means a takaful operator which has been registered by the Authority under this Order; 11Undertakingn shall be construed in accordance with Part III of the First Schedule;