Takaful Order, 2008 · As enacted
Section 79
Official textFrom Attorney General's Chambers, unchanged
Any person who -
{a} signs any document lodged with the Authority under sections 60
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;
or section 71(1J{a}; or
{b) furnishes the Authority with any information under or for the purposes of any other provision of this Order, shall use due care to secure that the document or information is not false in any material particular; and if he does not use due care in this behalf and the document or information is false in a material particular, he shall be guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 2 years or both.
Any person who breaches any duty imposed on him by this Order or regulations as being or having been a takaful operator, takaful agent, takaful broker or adjuster shall be guilty of an offence and shall, in a case where no other punishment is provided for by this Order or regulations, be liable on conviction to a fine not exceeding $5,000, 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.
Where an offence against this Order is committed by any body corporate, any person who at the time of the commission of that offence was a director, manager, secretary or other similar officer of that body, or who was purporting to act in such capacity, shall, as well as the body corporate, be guilty of the offence unless he proves that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
commission
"commission" means an amount or a benefit in kind, whether expressed as a percentage of contribution or not, agreed to be paid by a takaful operator to a takaful broker or takaful intermediary including introducer's fees;
Where an offence under this Order is committed by a body corporate, being an offence consisting in the breach of a duty imposed only on bodies corporate, any individual guilty of that offence (whether by virtue of subsection
or otherwise) shall be liable on conviction to imprisonment for a term not exceeding one year in addition to or in substitution for any fine.
For the purpose of any proceedings under subsection (1){a), a document purporting to be signed by any person shall be presumed to have been signed by him unless the contrary is proved.
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Prosecution.
Terms defined in s 2
adjuster
Defined · s 2"adjuster" means any person who for compensation, fee, commission or salary investigates and negotiates settlement of claims arising under takaful contracts, solely on behalf of either the takaful operator or the participant;
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;
commission
Defined · s 2"commission" means an amount or a benefit in kind, whether expressed as a percentage of contribution or not, agreed to be paid by a takaful operator to a takaful broker or takaful intermediary including introducer's fees;
takaful agent
Defined · s 2"takaful agent" means a person who does all or any of the following - (a) solicits or obtains a proposal for takaful on behalf of a takaful operator; (b) offers or assumes to act on behalf of a takaful operator in negotiating a certificate; (c) does any act on behalf of a takaful operator in relation to the issuance, renewal or continuance of a certificate;
takaful broker
Defined · s 2"takaful broker" means any company who, for compensation as an independent contractor, in any manner solicits, negotiates or procures takaful contracts or the renewal or continuance thereof on behalf of a takaful operator other than himself;
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;