Takaful Order, 2008 · As enacted · Part IV
68. Special provision for takaful operators directed to cease takaful business
Official textFrom Attorney General's Chambers, unchanged
( 1)
Where the Authority issues a takaful operator a direction under section 66(1){e} by reason of the insolvency of the fund maintained by the takaful operator under this Order for either class of takaful business, the affairs of the takaful operator may be wound up by the High Court under the Companies Act
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;
(Chapter 39) as if it had suspended its business for a whole year or as if it had ceased to carry on business.
Where the Authority gives a takaful operator a direction under section 66(1)(e} but, on a petition for the takaful operator to be wound up by the
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;
High Court, the High Court is satisfied that the takaful operator will be able to pay its debts in full within one year or such longer period as the High Court thinks reasonable, the High Court may (if it thinks fit) order the affairs of the 3031
BRUNEI DARUSSALAM GOVERNMENT GAZETTE takaful operator to be wound up only as regards the takaful fund maintained for the class of business to which the direction relates.
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;
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;
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 business
Defined · s 2"takaful business" includes the business of takaful whose aims and operations are in accordance with Hukum Syara';
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;