Payment Systems Act 2003

Act 627 Page 1 of 49
LAWS OF MALAYSIA
Act 627
Payment Systems Act 2003

Date of Royal Assent 29-Jul-2003
Date of publication in the
Gazette 7-Aug-2003
An Act to make provisions for the regulation and supervision

of payment systems and payment instruments and for matters
connected therewith.
PU(B) 308/2003.
[1 November 2003]
Act 519.
WHEREAS under paragraph 4(c) of the Central Bank of
Malaysia Act 1958 [Act 519] one of the principal objects of
the Bank is to promote monetary stability and a sound
financial structure:
AND WHEREAS the Bank is the authority responsible for
promoting the reliable, efficient and smooth operation of the
national payment and settlement systems and for ensuring
that the national payment and settlement systems policy is
directed to the advantage of Malaysia:
NOW THEREFORE IT IS ENACTED by the Parliament of
Malaysia as follows:
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
1. Short title and commencement

2. Interpretation
3. Application
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4. Functions of the Bank

PART II
PAYMENT SYSTEMS
Chapter 1
Payment Systems and Designation of Payment Systems
5. Operation of payment systems

6. Designation of payment systems
7. Compliance with Chapter 2
8. Power to revoke designation
Chapter 2
Requirements for Operation of Designated Payment Systems
9. Disqualification of director
10. Appointment of chief executive officer
11. Exceptions
12. Effect of disqualification
13. Governance arrangements
14. Operational arrangements
15. Changes to designated payment systems
Chapter 3
Finality of Payment and Netting Arrangement
16. Interpretation
17. Application
18. Payment or settlement instruction made after appointment of
insolvency administrator
19. Finality of payment and netting arrangement
20. Preservation of rights
21. Non-recognition of insolvency order by foreign court
22. Requirement to notify in the event of insolvency, etc.
PART III
PAYMENT INSTRUMENTS
Chapter 1
Operation and Designation of Payment Instruments
23. Prohibition of issuance of payment instruments

24. Designation of payment instruments
25. Issuing of designated payment instruments
26. Revocation of approval
Chapter 2
Requirements for Issuance of Designated Payment Instruments
27. Governance arrangements

28. Operational arrangements
29. Changes to designated payment instruments
PART IV
POWERS OF THE BANK

Chapter 1
General Powers of the Bank
30. Requirement to incorporate

31. Requirement to submit information
Chapter 2
Powers of the Bank over Designated Payment Systems and Designated

Payment Instruments
32. Power to make modifications

33. Power to issue directives
Chapter 3
Powers of Examination
34. Examination by the Bank

35. Production of person’s books, etc.
Chapter 4
Control Over Designated Payment Systems
36. Operator of designated payment system insolvent

37. Directive in the event of insolvency
38. Assumption of assets
39. Effect of removal from office
40. Provisions relating to assumption of control under paragraph
38(1) (a)
41. Power to reduce share capital and to cancel shares

PART V
INVESTIGATION, SEARCH AND SEIZURE
42. Interpretation
43. Appointment of investigating officers, their powers,
functions and duties
44. Investigation powers in respect of clearing houses
45. Powers of entry, search and seizure
46. Search of person
47. Obstruction to exercise of powers by an investigating officer
48. Requirement to provide translation
49. Power to examine persons
50. Specific persons in respect of whom powers of investigation
may be exercised
51. Seizure of movable property in financial institution
52. Dealing with property after seizure to be void
53. Validity of seizure
54. Assistance to police or other public officer
55. Investigating officer deemed to be public servant and public
officer
PART VI
OFFENCES
56. Offences and penalties

57. General penalty
58. Offences by body corporate and by servants and agents
59. Joinder of offences
60. Power to compound offences
61. Power to impose administrative penalty
62. Offences to be seizable offences
63. Duty of investigating officer to make over arrested person to
police
64. Attempts, preparations, abetments and conspiracies
punishable as offences
PART VII
MISCELLANEOUS
65. Duty to submit accurate information

66. Appeal against a decision of the Bank
67. Exemptions
68. Monies received by the Bank
69. Regulations
70. Power to issue guidelines, etc.
71. Contravention not to affect contract, agreement or
arrangement
72. Indemnity
73. Secrecy
74. Disclosures to the Bank and person appointed by the Bank
75. Other permitted disclosure
76. Application of the Exchange Control Act 1953
77. Savings
Schedule [Section 56 — Offences and Penalties]
PART I
PRELIMINARY
Short title and 1. (1) This Act may be cited as the Payment Systems Act
commencement 2003.
(2) This Act comes into operation on a date to be

appointed by the Minister by notification in the Gazette.
Interpretation 2. (1) In this Act, unless the context otherwise requires—
“payment instruction” or “settlement instruction” includes

an instruction to transfer, clear or settle transactions in funds
or securities, as the case may be;
“Bank” means the Central Bank of Malaysia established by
the Central Bank of Malaysia Act 1958;
“fund” or “money” includes any unit of account or unit of
value that facilitates the purchase of goods or services;
“data” means representations of information or of concepts
that are being prepared or have been prepared in a form
suitable for use in a computer;

“specify” means to specify in writing, and a power to
specify includes the power to specify differently for different
persons, payment systems or payment instruments, or for
different classes, categories or descriptions of persons,
payment systems or payment instruments;
“prescribe” means prescribed by order published in the
Gazette, and a power to prescribe includes the power to
make different provisions for different persons, payment
systems or payment instruments, or for different classes,
categories or descriptions of persons, payment systems or
payment instruments;
“Governor” means the Governor of the Bank and includes
a Deputy Governor of the Bank;
“payment instrument” means any instrument, whether
tangible or intangible, that enables a person to obtain money,
goods or services or to otherwise make payment;
“designated payment instrument” means a payment
instrument prescribed as a designated payment instrument
under subsection 24(1);
“chief executive officer”, in relation to an operator, means
a person by whatever name called, who, either individually
or jointly with one or more other persons, is responsible,
subject to the authority of the directors, for the conduct of
the business and the administration of the operator;
“computer” means any device for recording, storing,
processing, retrieving or producing any information or other
matter, or for performing any one or more of those functions,
by whatever name or description such device is called; and
where two or more computers carry out any one or more of
those functions in combination or in succession or otherwise
conjointly, they shall be treated as a single computer;
“Minister” means the Minister charged with the
responsibility for finance;
“computer output” means a statement or a representation,
whether in written, printed, pictorial, film, graphical,
acoustic or other form—
(a) produced by a computer;
(b) displayed on the screen of a computer; or
(c) accurately translated from a statement or
representation so produced;
“officer”, in relation to any sole proprietorship, company,
body, association or group of persons, whether corporate or
unincorporate, includes any employee and a chief executive

officer;
“issuer” means any person, acting alone or under an
arrangement with another person, who undertakes to be
responsible for the payment obligation in respect of a
payment instrument resulting from the user being issued with
or using the payment instrument;
“director” means any person who occupies the position of
a director by whatever name called, and includes an alternate
or substitute director, and without prejudice to the foregoing,
in the case of—
(a) a co-operative society, means a member of the Board
of Directors, or other governing body of the co-
operative society;
(b) a statutory body, means a member of the board,
committee, council or other governing body of the
statutory body;
(c) a partnership, means a partner;
(d) a sole proprietorship, means the sole proprietor; and
(e) any company, body, association or group of persons,
whether corporate or unincorporate, including those
listed in (a) to (d) above, means a person in
accordance with whose directions and instructions the
directors or officers are accustomed to act or a person
having the direction and control, whether directly or
indirectly, of the management of its business or
affairs;
“operator” means any person, acting alone or under an
arrangement with another person, responsible for the rules,
procedures and operations of a payment system but excludes
such persons as may be prescribed by the Bank;
“participant” means any person who is permitted by the
rules governing the payment system to send payment or
settlement instructions to a payment system and is bound by
the rules governing that payment system;
“systemic risk” means—
(a) the risk that the failure of a participant or operator to
meet his payment or settlement obligations will cause
another participant to be unable to meet his payment
or settlement obligations when due; or
(b) the risk that the failure of a participant or operator to
meet his payment or settlement obligations may cause
significant liquidity or credit problems that might
threaten the stability of financial markets;
Act 372.
“relative” has the same meaning as in the Banking and
Financial Institutions Act 1989 [Act 372];
Act 498.
“securities” has the same meaning as in the Securities
Commission Act 1993 [Act 498];
“business associate” has the same meaning as in the
Banking and Financial Institutions Act 1989;
“designated payment system” means a payment system
prescribed as a designated payment system under subsection
6(1);
“payment system” means any system or arrangement for
the transfer, clearing or settlement of funds or securities, but
excludes—
(a) a payment system operated by the Bank under the
Central Bank of Malaysia Act 1958;
Act 280.
(b) a clearing house recognised under the Securities
Industry Act 1983 [Act 280];
Act 499.
(c) a clearing house licensed under the Futures Industry
Act 1993 [Act 499];
(d) an in-house payment system operated by a person
solely for his own administrative purposes that does
not transfer, clear or settle funds or securities for third
parties;
(e) a system that solely facilitates the initiation of
payment instructions; and
(f) such other systems or arrangements as may be
prescribed by the Bank.
Application 3. (1) Where an operator issues a designated payment

instrument, such operator shall also comply with the
requirements of Part III.
(2) Where an issuer operates a payment system, such
issuer shall also comply with the requirements of Part II.
(3) This Act shall apply to a person outside Malaysia who
is an operator of a payment system if such payment system
accepts payment or settlement instructions from participants
in Malaysia unless otherwise prescribed by the Bank.
Functions of the Bank 4. (1) The Bank shall have all the functions and powers
conferred on it by this Act and such functions and powers
shall be in addition to those conferred under the Central
Bank of Malaysia Act 1958 and the Governor shall perform
the functions of the Bank on its behalf.

(2) The Bank may authorise any of its officers to perform
any of its functions under this Act.
(3) The Bank may, either generally or in a particular case,
appoint a person who is not an officer of the Bank to perform
any or all of its functions or render such assistance in the
performance of its functions under this Act as the Bank may
specify.
PART II
PAYMENT SYSTEMS
Chapter 1
Payment Systems and Designation of Payment Systems
Operation of payment 5. (1) No person shall operate any payment system unless
systems he has complied with the requirements of subsection (3) and
has received a written notification from the Bank that he has
so complied.
(2) The written notification under subsection (1) is not an
approval or endorsement of the payment system by the Bank.
(3) A person referred to in subsection (1) shall submit to
the Bank the documents and information as prescribed by the
Bank, together with such fees as may be prescribed by the
Bank.
(4) Notwithstanding subsection (1), the Bank may, by
written notice, prohibit a person from operating any payment
system where—
(a) the payment system is detrimental to the reliable, safe,
efficient and smooth operation of the payment systems
of Malaysia; or
(b) the prohibition is in the interest of the public.
(5) The Bank shall give the person referred to in
subsection (4) a reasonable opportunity to make
representations before making a decision to impose the
prohibition under that subsection.
Designation of 6. (1) The Bank may, by order published in the Gazette,

payment systems designate a payment system as a designated payment system
if the Bank is of the opinion that—
(a) the payment system poses systemic risk; or

(b) the designation is necessary to protect the interest of
the public.
(2) The Bank may, in considering whether to designate a
payment system as a designated payment system under
subsection (1), inspect the premises, equipment, machinery,
apparatus, books or other documents, or accounts and
transactions relating to the payment system, upon giving
written notice to the operator.
Compliance with 7. (1) Where a payment system is prescribed as a

Chapter 2 designated payment system under subsection 6(1), the
operator of that designated payment system shall comply
with the provisions of Chapter 2.
(2) The Bank may, upon the request of an operator of a
designated payment system, allow for an extension of time,
with or without conditions, for the compliance with any of
the requirements in Chapter 2.
Power to revoke 8. (1) The Bank may, by order published in the Gazette,
designation revoke the designation of a payment system if the Bank is of
the opinion that—
(a) the designated payment system no longer poses any
systemic risk; or
(b) it is no longer in the interest of the public that the
system be designated.
(2) The Bank shall give the operator a reasonable
opportunity to make representations before making a
decision to revoke the designation.
Chapter 2
Requirements for Operation of Designated Payment Systems
Disqualification of 9. (1) A person is disqualified from being appointed as a

director director of an operator of a designated payment system if—
(a) that person has been adjudged a bankrupt, or has

suspended payments, or has compounded with his
creditors, whether in or outside Malaysia, within five
years prior to the date of the appointment;
(b) that person has been convicted of an offence under this
Act or such an offence has been compounded against
him;
Act 372,
Act 553,
(c) that person has been convicted of an offence under the
Act 276, Banking and Financial Institutions Act 1989,
Act 312,
Act 577, Insurance Act 1996 [Act 553], Islamic Banking Act
Act 17, 1983 [Act 276], Takaful Act 1984 [Act 312], Money-
Act 618,
Act 613, Changing Act 1998 [Act 577], Exchange Control Act
Act 280, 1953 [Act 17], Central Bank of Malaysia Act 1958,
Act 499,
Act 125. Development Financial Institutions Act 2002 [Act
618], Anti Money Laundering Act 2001 [Act 613],
Securities Industry Act 1983, Futures Industry Act
1993, Companies Act 1965 [Act 125] or under any
written law involving fraud or dishonesty which is
punishable with, as the case may be—
(i) imprisonment for one year or more, whether by
itself, or in lieu of, or in addition to, a fine; or
(ii) a fine of one million ringgit or more,
or such offence has been compounded against him;
(d) that person has been a director or chief executive
officer of any company which has been convicted of
an offence under any written law during his tenure of
office unless he proves that such offence was
committed without his knowledge or consent and he
was not in a position to prevent the offence;
(e) there has been made against that person an order of
detention, supervision, restricted residence,
banishment or deportation, or if there has been
imposed on him any form of restriction or supervision
by bond or otherwise, under any law relating to the
prevention of crime, or to preventive detention for the
prevention of crime or drug trafficking, or to restricted
residence, or to banishment or immigration; or
(f) that person has been a director or chief executive
officer of a corporation incorporated in or outside
Malaysia which is being or has been wound up.
(2) No person shall accept an appointment as a director of
an operator of a designated payment system, and no such
operator shall appoint a person as a director of such operator,
if that person is disqualified under subsection (1).
Appointment of chief 10. (1) A person is disqualified from being appointed or

executive officer remaining as chief executive officer of an operator of a
designated payment system if—
(a) that person would be disqualified from being
appointed a director under subsection 9(1);
(b) that person is not available for full time employment;

or
(c) that person is carrying on any other business or
vocation, except as a non-executive director or
shareholder of another company.
(2) No person shall accept an appointment as chief
executive officer of an operator of a designated payment
system, and no such operator shall appoint a person as chief
executive officer of such operator, if that person is
disqualified under subsection (1).
(3) An operator of a designated payment system shall
appoint a chief executive officer who shall be—
(a) an individual; and
(b) resident in Malaysia during the period of his
appointment.
Exceptions 11. (1) A person who is disqualified as a director or chief

executive officer of an operator of a designated payment
system on the ground specified in paragraph 9(1) (f) may,
with the written concurrence of the operator in which he is
holding office or is to be appointed, apply to the Bank in
writing to be exempted from that paragraph and the Bank
may grant such exemption, subject to such conditions as it
considers fit to impose.
(2) During the pendency of any criminal proceedings in
any court for an offence referred to in paragraph 9(1) (b) or
(c) against a director or chief executive officer of an operator
of a designated payment system, that director or chief
executive officer shall not act in that capacity, or hold any
other office, or act in any other capacity, in any payment
system or in any manner, directly or indirectly, be concerned
with any business or affairs of any payment system unless
authorised in writing by the Bank to such extent and subject
to such conditions as the Bank may impose.
(3) For the purposes of subsection (2), criminal
proceedings shall be deemed to be pending from the date that
the accused person is first charged in court for the offence
until the date of the final conclusion of the proceedings,
whether in a court of original jurisdiction or, in the event of
an appeal by any party, in a court of final appellate
jurisdiction.
Effect of 12. Where a person becomes disqualified under subsection

disqualification 9(1) or 10(1) after his appointment—
(a) he shall immediately cease to hold office; and

(b) the operator of the designated payment system shall
immediately terminate his appointment;
and that person, notwithstanding any contract of service,
shall not be entitled to claim any compensation for his loss of
office or termination of appointment.
Governance 13. The operator of a designated payment system shall

arrangements establish adequate governance arrangements which are
effective, accountable and transparent to ensure the
continued integrity of such designated payment system.
Operational 14. An operator of a designated payment system shall

arrangements establish the following operational arrangements:
(a) rules and procedures setting out the rights and

liabilities of the operator and the participant and the
financial risks the participant may incur;
(b) procedures, controls and measures for the management
of credit, liquidity and settlement risk, including rules
determining the time when a payment instruction and a
settlement is final;
(c) criteria for participation in the designated payment
system; and
(d) measures to ensure the safety, security and operational
reliability of the designated payment system including
contingency arrangements.
Changes to designated 15. (1) Where the Bank has prescribed documents and
payment systems information under subsection (2), an operator of a designated
payment system shall submit to the Bank particulars of any
proposed change to the documents or information within
thirty days prior to the making of such change.
(2) The Bank, in prescribing the documents and
information to be submitted under subsection 5(3), may also
prescribe the documents and information to which subsection
(1) shall apply.
(3) Where it appears to the Bank that such change is
inappropriate, the Bank may, before the expiry of the thirty
days referred to in subsection (1)—
(a) prohibit the operator from making such change; or
(b) require the operator to make any other changes as the
Bank may specify.
Chapter 3
Finality of Payment and Netting Arrangement
Interpretation 16. For purposes of this Chapter—
“bilateral netting” means a netting arrangement between

two parties;
“multilateral netting” means a netting arrangement that has
more than two parties;
“payments netting” means a netting arrangement where on
any day on which amounts are due between the parties in
respect of one or more transactions, the party with the higher
gross payment obligation is obligated to pay to the other
party the net amount of the gross payment obligations of the
parties;
“close out netting” means a netting arrangement under
which, following the occurrence of certain events specified
by the parties to the arrangement, all or any of the
transactions referred to in the netting arrangement may be
terminated, and where so terminated the termination value
becomes due and payable;
“netting by novation” means a netting arrangement
between the parties to a series of transactions where an
account of amounts due is kept and the rights and obligations
of the parties in respect of the account are continuously
extinguished and replaced by a new single amount payable
by one party to the other;
“netting arrangement” means an arrangement in writing to
convert several claims or obligations into one net claim or
one net obligation and includes bilateral netting, multilateral
netting, netting by novation, close out netting, payments
netting or a combination thereof;
“insolvency administrator” includes a receiver, manager,
receiver and manager, liquidator, provisional liquidator,
judicial manager, curator, special administrator or any other
person, by whatever name called, authorised under any law
in or outside Malaysia to take control of a person’s property
for the benefit of that person’s creditors in the event that the
person is, or is likely to become, insolvent;
“designated payment system” includes a payment system
operated by the Bank under the Central Bank of Malaysia
Act 1958.
Application 17. (1) The provisions of this Chapter shall apply to—
(a) any payment or settlement instruction sent through a

designated payment system; and
(b) any netting arrangement, in respect of claims or
obligations arising from a payment or settlement
instruction that is final under subsection 19(1), entered
into between an operator and a participant or between
participants only in respect of a designated payment
system.
(2) Any written law relating to bankruptcy and insolvency
shall continue to apply, but where there is any conflict or
inconsistency between the provisions of this Chapter and the
written law relating to bankruptcy and insolvency, the
provisions of this Chapter shall prevail.
Payment or settlement 18. This Chapter shall not apply in relation to any payment
instruction made after or settlement instruction which is sent through a designated
appointment of
insolvency payment system after the expiry of the day on which an
administrator insolvency administrator is appointed in respect of an
operator or participant of a designated payment system.
Finality of payment 19. (1) A payment instruction or settlement shall be valid

and netting and enforceable by and against an operator or participant of a
arrangement
designated payment system and shall be final and shall not
be revoked, reversed or set aside by any person from the
time the payment instruction or settlement is determined to
be final under the rules of the designated payment system
required to be established under paragraph 14(b) and no
order shall be made by any court for the rectification or stay
of such payment instruction or settlement.
(2) A netting arrangement shall be valid and enforceable
and an operator or participant of a designated payment
system shall do whatever is permitted or required under the
netting arrangement in order to give effect to the netting
arrangement.
(3) Any payment or settlement obligations owed to an
operator or participant of a designated payment system under
the netting arrangement that has not been discharged—
(a) is provable in insolvency proceedings; and
(b) may be recovered for the benefit of the creditors.
(4) Without limiting the generality of subsection 17(2),
any payment instruction or settlement that is final and
irrevocable under subsection (1) and any netting arrangement

that is valid and enforceable under subsections (2) and (3)
shall be given effect notwithstanding anything to the
contrary contained in—
(a) sections 223 and 224 of the Companies Act 1965 in
relation to avoidance of dispositions of property;
Act 125,
Act 360,
(b) section 296 of the Companies Act 1965, section 59 of
Act 587. the Bankruptcy Act 1967 [Act 360] or subsection 40(1)
of the Pengurusan Danaharta Nasional Berhad Act
1998 [Act 587] in relation to the disclaiming of
onerous property;
(c) section 219 of the Companies Act 1965 and section 47
of the Bankruptcy Act 1967 in relation to the time of
commencement of insolvency;
(d) section 293 of the Companies Act 1965 and section 53
of the Bankruptcy Act 1967 in relation to undue
preference; and
(e) section 222 of the Companies Act 1965 and section 10
of the Bankruptcy Act 1967 in relation to the power to
stay or restrain proceedings.
Preservation of rights 20. For the avoidance of doubt, it is declared that the
provisions of this Chapter shall not restrict or preclude any
person from enforcing his rights under the law in so far as it
does not affect the finality of payment instruction or
settlement or the validity and enforceability of a netting
arrangement under this Chapter.
Non-recognition of 21. Notwithstanding any other written law or rule of law, a

insolvency order by court shall not recognise or give effect to an order of a court
foreign court
exercising jurisdiction under the law of insolvency outside
Malaysia in so far as the making of that order would be
inconsistent with or contrary to the provisions of this
Chapter.
Requirement to notify 22. (1) Where an operator of a designated payment

in the event of system—
insolvency, etc.
(a) is insolvent or is likely to become insolvent;

(b) has become or is likely to become unable to meet any
or all of his obligations; or
(c) has suspended payments or compounded with his
creditors,
such operator shall immediately notify the participants of the

designated payment system.
(2) Where a participant of a designated payment system—
(b) has become or is likely to become unable to meet any
or all of his obligations; or
creditors,
such participant shall immediately notify the operator who
shall notify the other participants of the designated payment
system.
PART III
PAYMENT INSTRUMENTS
Chapter 1
Operation and Designation of Payment Instruments
Prohibition of issuance 23. (1) The Bank may, by order published in the Gazette,
of payment prohibit any person from issuing or using any payment
instruments
instrument if—
(a) the issuing or use of the payment instrument is
detrimental to the reliable, safe, efficient and smooth
operation of the payment systems of Malaysia; or
(b) the prohibition is in the interest of the public.
(2) The Bank may, in considering whether to prohibit any
person from issuing or using any payment instrument under
subsection (1), inspect the premises, equipment, machinery,
apparatus, books or other documents, or accounts and
transactions of the issuer of the payment instrument, upon
giving written notice to the issuer.
(3) The Bank shall give the person referred to in
subsection (1) a reasonable opportunity to make
representation before making a decision to impose the
prohibition under that subsection.
Designation of 24. (1) Where the Bank is of the opinion that—

payment instruments
(a) a payment instrument may be of widespread use as a
means of making payment and may affect the payment

systems of Malaysia; and
(b) it is necessary to protect the interest of the public or it
is necessary to maintain the integrity, efficiency and
reliability of a payment instrument,
the Bank may prescribe such payment instrument as a
designated payment instrument.
(2) Where a payment instrument is prescribed as a
designated payment instrument, the issuer of that designated
payment instrument shall comply with the requirements of
subsection 25(1) within such period as the Bank may
specify.
Issuing of designated 25. (1) No person shall issue a designated payment

payment instruments instrument unless he has—
(a) submitted to the Bank the documents and information

as may be prescribed by the Bank;
(b) paid the fee prescribed by the Bank; and
(c) obtained a written approval from the Bank to issue a
designated payment instrument;
(2) The Bank may in giving its approval—
(a) require all or any of the documents submitted to be
modified and altered as it may deem necessary; and
(b) impose such restriction, limitations or conditions as it
may deem fit.
Revocation of 26. (1) The Bank may revoke an approval granted under
approval paragraph 25(1) (c) if it appears to the Bank that—
(a) the issuer has contravened or is contravening any of

the provisions of this Act;
(b) the issuer has contravened any restrictions, limitations
or conditions of the approval;
(c) the issuer has failed to comply with any guidelines,
circulars, standards or notices issued by the Bank
under section 70;
(d) the issuer has made a false or an incorrect statement in
the documents or information submitted under
paragraph 25(1) (a) or particulars of any change to
documents and information submitted under
subsection 29(1);
(e) the issuer has ceased issuing the designated payment

instruments for any continuous period of six months;
or
(f) the issuer goes into liquidation or is wound up or is
otherwise dissolved.
(2) The Bank shall give the issuer a reasonable
decision to revoke the approval.
Chapter 2
Requirements for Issuance of Designated Payment Instruments
Governance 27. The issuer of a designated payment instrument shall

arrangements establish adequate governance arrangements which are
effective, accountable and transparent to ensure the
continued integrity of such designated payment instrument.
Operational 28. An issuer of a designated payment instrument shall

arrangements establish the following operational arrangements:
(a) rules and procedures setting out the rights and

liabilities of the issuer and the user of the designated
payment instrument and the risks the user may incur;
(b) measures to ensure prudent management of funds
collected from a user of the designated payment
instrument, including measures to ensure that such
funds are available for repayment to a user; and
(c) measures to ensure safety, security and operational
reliability of the designated payment instrument
including contingency arrangements.
Changes to designated 29. (1) Where the Bank has prescribed documents and
payment instruments information under subsection (2), an issuer of a designated
payment instrument shall submit to the Bank particulars of
any proposed change to the documents or information within
thirty days prior to the making of such change.
(2) The Bank, in prescribing the documents and
information to be submitted under subsection 25(1), may
also prescribe the documents and information to which
subsection (1) shall apply.
(3) Where it appears to the Bank that such change is
inappropriate, the Bank may, before the expiry of the thirty
days referred to in subsection (1)—

(a) prohibit the issuer from making such change; or
(b) require the issuer to make any other changes as the
Bank may specify.
PART IV
POWERS OF THE BANK
Chapter 1
General Powers of the Bank
Requirement to 30. (1) The Bank may at any time require an operator or
incorporate issuer which is not a body corporate established by or under
any written law to incorporate as a company under the
Companies Act 1965 within such time as the Bank may
specify and the operator or issuer shall not continue to
operate the payment system or issue the payment instrument
after the specified time unless he has complied with the
Bank’s requirement.
(2) The Bank may, upon the request of an operator or
issuer, allow for an extension of time, with or without
conditions, for the compliance with the requirements of
subsection (1).
Requirement to submit 31. (1) An operator, participant or issuer shall, within such
information time as the Bank may specify, submit to the Bank all such
documents and information regarding the payment system or
payment instrument as the Bank may specify.
(2) The documents and information referred to in
subsection (1) shall include documents and information
relating to any participant of the payment system or user of
the payment instrument, and the business, affairs, statistics
and information on transactions relating to the payment
system or payment instrument as the Bank may specify
under subsection (1).
(3) The provisions of subsection (1) shall be without
prejudice to, and shall not in any manner derogate from, any
other power conferred on the Bank or an investigating officer
under this Act.
(4) The provisions of this section shall have effect
notwithstanding the provisions of any written law as to
secrecy or other restriction on the disclosure of information

or of any oath, undertaking or requirement of secrecy, to the
contrary, or of any obligation under any contract, agreement
or arrangement, whether express or implied, to the contrary.
Chapter 2
Powers of the Bank over Designated Payment Systems and Designated

Payment Instruments
Power to make 32. (1) The Bank may, by written notice, require an
modifications operator of a designated payment system or issuer of a
designated payment instrument to make modifications or
alterations to—
(a) the designated payment system or designated payment
instrument including governance arrangements
referred to in section 13 or 27;
(b) operational arrangements referred to in section 14 or
28;
(c) documents and information submitted under
subsection 5(3) or 25(1); and
(d) any other documents relating to the designated
payment system or designated payment instrument.
(2) In exercising its powers under subsection (1), the Bank
shall have regard to—
(a) systemic risk;
(b) the object of the Bank to promote monetary stability
and a sound financial structure;
(c) the interest of the public including market conditions
and behaviour;
(d) the safety, integrity, efficiency or reliability of the
designated payment system or designated payment
instrument including security and operating standards
and infrastructure arrangements;
(e) the interests of the current participants of the
designated payment system or users of the designated
payment instruments; or
(f) the interests of persons who, in the future, may want
access to the designated payment system or may want
to use the designated payment instrument.
(3) An operator of a designated payment system or an
issuer of a designated payment instrument shall make such
modifications or alterations as may be required under

subsection (1) within such time as the Bank may specify.
(4) The Bank shall give the operator of a designated
payment system or issuer of a designated payment
instrument a reasonable opportunity to make representations
before making a decision to impose the requirement under
subsection (1).
Power to issue 33. (1) Where the Bank is of the opinion that an operator
directives or a participant of a designated payment system or issuer of a
designated payment instrument—
(a) is engaging or is about to engage, in any act, or course
of conduct or has omitted any act or is about to omit
any act that results or is likely to result in systemic risk
being inadequately controlled, or that is detrimental to
the interests of its participants, users or creditors or the
public generally;
(b) has contravened any provision of this Act, whether or
not there has been no criminal prosecution in respect
thereof, or any guideline issued under section 70; or
(c) has become or is likely to become unable to meet all
or any of his obligations, the Bank may issue a
directive in writing requiring the operator or
participant of the designated payment system or issuer
of the designated payment instrument to—
(aa) take any steps, take any action, do or not to do any act
or thing, in relation to the designated payment system
or the designated payment instrument which in the
opinion of the Bank is necessary to remedy the
situation;
(bb) cease to operate the designated payment system; or
(cc) cease to issue the designated payment instrument.
(2) In giving any directive under subsection (1), the Bank
may include requirements of a consequential, ancillary or
incidental nature to be complied with by the operator or
participant of a designated payment system or the issuer of a
designated payment instrument and the Bank may impose
such terms, conditions and requirements as it deems
necessary or expedient.
(3) An operator or participant of a designated payment
system or an issuer of a designated payment instrument shall
comply with any directive issued under subsection (1) within
such time as the Bank may specify.
(4) If the Bank exercises its power under paragraph (1)
(bb), the operator is prohibited from operating the designated

payment system and if the Bank exercises its power under
paragraph (1) (cc) the approval to issue a designated
payment instrument is deemed to have been revoked under
section 26.
(5) The Bank shall give the operator, participant or issuer,
as the case may be, referred to in subsection (1) an
decision to issue a directive under that subsection.
Chapter 3
Powers of Examination
Examination by the 34. The Bank may, where it is of the opinion that it is
Bank necessary for the purposes of carrying out its functions under
this Act, examine, with or without any prior written notice,
the premises, apparatus, equipment, machinery, books or
other documents, accounts or transactions of an operator or
issuer and any of his offices in or outside Malaysia.
Production of person’s 35. (1) For the purposes of an examination under section
books, etc. 34, any person under examination and that person’s directors
and officers shall afford any officer of the Bank carrying out
the examination access to all his premises, apparatus,
equipment, machinery, books or other documents and
accounts, including documents of title to his assets, all
securities held by him in respect of his customers’
transactions, all his cash, and to all such documents,
information and facilities as may be required by that officer
for the purpose of the examination, and shall produce to that
officer all such apparatus, equipment, machinery, books or
other documents, accounts, titles, securities or cash, and give
all such information, orally or in writing, as he may require,
however, so far as is consistent with the conduct of the
examination, such apparatus, equipment, machinery, books
or documents, accounts, titles, securities and cash shall not
be required to be produced at such times or at such places as
may interfere with the proper conduct of the normal daily
business of that person.
(2) Notwithstanding the generality of subsection (1), any
officer of the Bank authorised by the Bank in writing for this
purpose may take possession of any apparatus, equipment,
machinery, books or other documents, accounts, titles,
securities or cash to which he has access under subsection
(1) if in his opinion—
(a) the inspection of them, the copying of them or the

making of extracts from them cannot reasonably be
undertaken without taking possession of them;
(b) it may be interfered with or destroyed unless he takes
possession of them; or
(c) it may be needed as evidence in any legal proceedings,
whether civil or criminal, which may be instituted
under or in connection with this Act, the Central Bank
of Malaysia Act 1958 or any other written law.
(3) A person who is or was at any time—
(a) a director or officer of an operator or issuer;
(b) an agent of or who performs any of the functions of an
operator or issuer;
(c) a participant of a payment system or user of a payment
instrument; or
(d) an auditor of an operator or issuer,
shall give such information or document as the Bank may
require within such time as the Bank may specify in carrying
out an examination under section 34.
(4) An auditor referred to in paragraph (3) (d) shall not be
liable for breach of contract relating to, or duty of,
confidentiality for giving any information or document to the
officer carrying out the examination.
Chapter 4
Control Over Designated Payment Systems
Operator of designated 36. Any operator of a designated payment system who is

payment system insolvent or likely to become insolvent, or has become or
insolvent
likely to become unable to meet all or any of his obligations,
or has suspended payments or compounded with his
creditors shall immediately inform the Bank of that fact.
Directive in the event 37. (1) Without prejudice to section 33, if the Bank is
of insolvency satisfied, upon being informed by an operator of a designated
payment system under section 36 or after an examination
under section 34 or otherwise, that an operator of a
designated payment system—
(b) has become or is likely to become unable to meet all
or any of his obligations; or

creditors, the Bank may issue a directive in writing,
exercising any one or more of the following powers, as
it deems necessary—
(aa) remove from office, with effect from such date as may
be specified in the directive, any director or chief
executive officer of the operator of the designated
payment system;
(bb) appoint any person as a director or chief executive
officer of the operator of the designated payment
system and provide in the directive for the person so
appointed to be paid by the operator of the designated
payment system such remuneration as may be set out
in the directive; or
(cc) appoint a person to advise the operator of a designated
payment system in relation to the proper conduct of its
business, and provide in the directive for the person so
appointed to be paid by the operator of the designated
payment system such remuneration as may be set out
in the directive.
(2) This section shall apply notwithstanding anything
contained in any written law, or any limitations contained in
the constituent documents of the operator of a designated
payment system.
Assumption of assets 38. (1) Where any of the circumstances set out in
paragraphs 37(1) (a) to (c) exist in respect of an operator of a
designated payment system, the Bank may, whether or not
the Bank has exercised any of its powers under section 37,
provide by order published in the Gazette—
(a) for the Bank to assume control of the whole of the
property, business and affairs of the operator of a
designated payment system, and carry on the whole of
its business and affairs, or to assume control of such
part of its property, business and affairs, and carry on
such part of its business and affairs, as may be set out
in the order, or for the Bank to appoint any person to
do so on behalf of the Bank, and for the costs and
expenses of the Bank, or the remuneration of the
person so appointed, as the case may be, to be payable
out of the funds and properties of the operator of the
designated payment system as a first charge thereon;
(b) whether or not an order has been made under
paragraph (a), to authorise an application to be made
by the Bank to the High Court to appoint a receiver or

manager to manage the whole of the business, affairs
and property of the operator of a designated payment
system, or such part thereof as may be set out in the
order, and for all such incidental, ancillary or
consequential orders or directions of the High Court in
relation to such appointment as may, in the opinion of
the Bank, be necessary or expedient; or
(c) whether or not an order has been made under
paragraph (a) or (b), to authorise the Bank to present a
petition to the High Court for the winding up of the
operator of a designated payment system.
(2) An order under subsection (1) or a directive of the
Bank under section 37 may, from time to time, be modified,
amended, altered, varied or replaced either prospectively, or
where it is not impracticable or unjust to do so,
retrospectively, by an order under subsection (1) or a further
directive under section 37, as the case may be.
(3) No order under subsection (1) or (2) or directive under
section 37 shall be made unless the operator of a designated
payment system in respect of which the order or directive is
to be made, and in the case of a directive under paragraph 37
(1) (aa), the director or chief executive officer of the operator
of the designated payment system who is to be removed
from office, has been given a reasonable opportunity of
making representations against, or otherwise in respect of,
the proposed order or directive.
(4) Notwithstanding subsection (3), if in the opinion of the
Bank any delay would be detrimental to the interests of the
operator or participant of a designated payment system or
creditors, or the public generally, an order under subsection
(1) or (2) or directive under section 37 may be made first and
the opportunity to make representations against or otherwise
in respect of the order or directive shall, in such case, be
given immediately after the order or directive has been
made, and the order or directive may, in consequence of such
representations, either be confirmed, or be modified,
amended, altered, varied or replaced under subsection (2), or
be revoked under subsection (5), subject to such conditions,
if any, as the Bank thinks fit to impose.
(5) An order of the Bank under subsection (1) or (2) or a
directive of the Bank made under section 37, may at any
time be revoked by an order or a directive similarly made by
the Bank, as the case may be, and any such order or directive
may contain all such provisions of an incidental, ancillary, or
consequential nature, as may be deemed necessary or
expedient by the Bank, as the case may be.
(6) Where a receiver or manager has been appointed by

the High Court under paragraph (1) (b), in respect of an
operator of a designated payment system, all proper costs,
charges and expenses, including the remuneration, of such
receiver or manager shall be payable out of the assets of the
operator of the designated payment system in priority to all
other claims.
Effect of removal from 39. The removal under paragraph 37(1) (aa) of any director
office or chief executive officer of an operator of a designated
payment system shall be lawful and valid notwithstanding
anything contained in any contract of service or other
contract or agreement, whether express or implied, whether
individual or collective, and whether or not made or
provided for under any written law, and such person shall not
be entitled to claim any compensation for the loss or
termination of office.
Provisions relating to 40. (1) Where control of an operator of a designated

assumption of control payment system has been assumed in pursuance of section
under paragraph 38(1)
(a) 37 or an order under paragraph 38(1) (a), the operator of the
designated payment system and its directors and officers
shall provide the Bank or the person appointed by the Bank
with such facilities, documents and information as may be
required to carry on its business.
(2) The Bank or the person appointed by the Bank shall
control and carry on the property, business and affairs of the
operator of the designated payment system as the case may
be, in the name and on behalf of that operator of the
designated payment system until the directive issued under
section 37 or order made under paragraph 38(1) (a) is
revoked.
(3) During the period for which a directive under section
37 or an order under paragraph 38(1) (a) is in force—
(a) no director or chief executive officer of the operator of
the designated payment system shall engage in any
activity in relation to the designated payment system,
directly or indirectly, except as may be required or
authorised by the Bank or the person appointed by the
Bank;
(b) no remuneration shall accrue or be payable to a
director or chief executive officer of the operator of
the designated payment system unless approved in
writing by the Bank or the person appointed by the
Bank; and
(c) the Bank or the person appointed by the Bank shall be

vested with all the powers of the operator of a
designated payment system, and its board of directors,
under its constituent documents, or exercisable by the
operator of a designated payment system or its board
of directors under any written law regardless whether
such powers are exercisable by resolution.
(4) For the avoidance of doubt, it is hereby declared that a
directive under section 37 or an order under paragraph 38(1)
(a) shall not have the effect of conferring on, or vesting in,
the Bank or the person appointed by the Bank any title to, or
any beneficial interest in, any property of the operator of a
designated payment system to which the directive or order
relates.
Power to reduce share 41. (1) Notwithstanding anything in any written law or the
capital and to cancel constituent documents of an operator of a designated
shares
payment system, the Bank or the person appointed by the
Bank may apply to the High Court for an order to reduce the
share capital of such operator by cancelling any portion of its
paid-up capital which is lost or unrepresented by available
assets.
(2) Where the High Court makes an order under
subsection (1) to reduce the share capital of an operator of a
designated payment system, the Court may—
(a) on an application by the Bank, or the person appointed
by the Bank; and
(b) if, on the expiry of thirty days from the date of any call
made by the operator of a designated payment system
on its members to pay on their respective shares,
payment on any such shares has not been made,
also order that such shares for which payment has not been
made be cancelled accordingly.
(3) Where the share capital of an operator of a designated
payment system is reduced pursuant to subsection (1), or any
of its shares is cancelled pursuant to subsection (2), the Bank
or the person appointed by the Bank may cause the
constituent documents of the operator of a designated
payment system to be altered accordingly.
(4) The powers conferred under subsections (1), (2) and
(3) on the Bank and the person appointed by the Bank shall
be in addition to any powers exercisable under subsection 64
(1) of the Companies Act 1965, and where an application is
made to the High Court under subsection (1)—
(a) the High Court may exercise any of the powers
conferred on it under section 64 of the Companies Act

1965 in relation to an application for confirmation
referred to therein; and
(b) subsections 64(9) and (10) of the Companies Act 1965
shall apply in relation thereto.
PART V
INVESTIGATION, SEARCH AND SEIZURE
Interpretation 42. For the purposes of this Part, “financial institution”

means a bank, a finance company, a banking and finance
company, a merchant bank or a discount house licensed
under the Banking and Financial Institutions Act 1989, or a
prescribed institution as defined under the Development
Financial Institutions Act 2002 or any cooperative society
registered or deemed to have been registered under the Co-
operative Societies Act 1993 [Act 502] or a clearing house
recognised under the Securities Industry Act 1983 or a
clearing house licensed under the Futures Industry Act 1993.
Appointment of 43. (1) For the purposes of this Part, the Bank may appoint
investigating officers, any officer of the Bank or any person appointed under
their powers, functions
and duties subsection 4(3) to be an investigating officer.
(2) Subject to subsection (3), an investigating officer

appointed under subsection (1) shall have all the powers,
functions, and duties conferred on an investigating officer
under this Act, and where such investigating officer is not an
officer of the Bank, he shall, in relation to such powers,
functions and duties—
(a) be subject to; and
(b) enjoy such rights, privileges, protections, immunities
and indemnities as may be specified in,
the provisions of this Act, the Central Bank of Malaysia Act
1958 or other written law applicable to an officer of the Bank
as if he were an officer of the Bank.
(3) An investigating officer shall be subject to the
direction and control of the Governor, or of such other
officer of the Bank as may be authorised by the Governor to
act on behalf of the Governor, and of any other investigating
officer or officers superior to him in rank, and shall exercise
his powers, perform his functions, and discharge his duties
referred to in subsection (2) in compliance with such
directions, instructions, conditions, restrictions or limitations

as the Governor, or an officer of the Bank authorised to act
on behalf of the Governor, or an investigating officer
superior in rank, may specify orally or in writing, either
generally, or in any particular case or circumstance.
(4) The Governor, or any officer of the Bank authorised by
the Governor to act on behalf of Governor, shall have all the
powers, functions and duties of an investigating officer.
(5) An investigating officer conducting any examination
of any person under this Part shall have the power to
administer an oath or affirmation to the person who is being
examined.
Investigation powers 44. Where the Bank has reason to believe that an offence
in respect of clearing has been committed under this Act, and it is necessary to
houses
exercise its powers under this Part in respect of a clearing
house recognised under the Securities Industry Act 1983 or a
clearing house licensed under the Futures Industry Act 1993,
the Bank shall notify the Securities Commission established
by the Securities Commission Act 1993.
Powers of entry, 45. (1) Where an investigating officer is satisfied, or has

search and seizure any reason to believe, that any person has committed an
offence under this Act, he may, if in his opinion it is
reasonably necessary to do so for the purpose of
investigating into such offence—
(a) enter any premises and there search for, seize and
detain any property, apparatus, equipment, machinery,
computer, computer output, data, book or other
document;
(b) have access to, inspect, make copies of, or take
extracts from, any computer, computer output, book or
other document so seized and detained, including
access to any program or data held in any computer or
have access to, inspect or check the operation of any
computer and any associated apparatus or material;
(c) take possession of, and remove from the premises, any
equipment, apparatus, machinery, property, computer,
computer output, data, book or other document so
seized and detained;
(d) search any person who is in, or on, such premises, and
for the purpose of such search detain such person and
remove him to such place as may be necessary to
facilitate such search, and seize and detain any
equipment, apparatus, machinery, property, computer,
computer output, data, book or other document found

on such person;
(e) break open, examine, and search, any article, container
or receptacle, including accessing into a computer; or
(f) stop, detain or search any conveyance.
(2) In exercising his powers under subsection (1), an
investigating officer may if it is necessary so to do—
(a) break open any outer or inner door of any premises
and enter thereinto;
(b) forcibly enter such premises and every part thereof;
(c) remove by force any obstruction to such entry, search,
seizure, detention or removal as he is empowered to
effect; or
(d) detain all or any person found on any premises, or in
any conveyance, searched under subsection (1) until
such premises or conveyance has been searched.
(3) An investigating officer shall for the purposes of this
section be provided with the necessary password, encryption
code, decryption code, software or hardware and any other
means required to enable comprehension of any program or
data held in any computer including in a form in which the
information contained in a computer can be taken away and
in which it is visible and legible.
(4) A list of all things seized in the course of a search
made under this section and of the premises in which they
are respectively found shall be prepared by the investigating
officer conducting the search and signed by him.
(5) The occupant of the premises entered under subsection
(1), or any person on his behalf, shall in every instance be
permitted to attend during the search, and a copy of the list
prepared and signed under this section shall be delivered to
such occupant or person at his request.
(6) An investigating officer shall, unless otherwise ordered
by any court—
(a) on the close of investigations or any proceedings
arising therefrom; or
(b) with the prior written consent of any officer of the
Bank authorised by the Governor to act on the
Governor’s behalf for this purpose, or of any
investigating officer superior to him in rank, at any
time before the close of investigations, release any
property, apparatus, equipment, machinery, computer,
computer output, data, book or other document seized,
detained or removed by him or any other investigating

officer, to such person as he determines to be lawfully
entitled to the property, apparatus, equipment,
machinery, computer, computer output, data, book or
other document if he is satisfied that it is not required
for the purpose of any prosecution or proceedings
under this Act, or for the purpose of any prosecution
under any other written law.
(7) A record in writing shall be made by the investigating
officer effecting any release of any property, apparatus,
equipment, machinery, computer, computer output, data,
book or other document under subsection (6) in respect of
such release specifying therein in detail the circumstances of,
and the reason for, such release.
Act 593.
(8) Where the investigating officer is unable to determine
the person who is lawfully entitled to the property,
equipment, apparatus, machinery, computer, computer
output, data, book or other document or where there is more
than one claimant to such property, equipment, apparatus,
machinery, computer, computer output, data, book or other
document, the investigating officer shall report the matter to
a Magistrate who shall then deal with the property,
apparatus, equipment, machinery, computer, computer
output, data, book or other document as provided for in
subsections 413(2), (3) and (4), and sections 414, 415 and
416 of the Criminal Procedure Code [Act 593].
Search of person 46. (1) An investigating officer may search any person
whom he has reason to believe has on his person any
computer output, data, book or other document or other
article necessary, in his opinion, for the purpose of
investigation into any offence under this Act, and for the
purpose of such search may detain such person as may be
necessary to have the search carried out and may remove
him in custody to such place as may be necessary to facilitate
such search.
(2) An investigating officer making a search of a person
under subsection (1) may seize, detain, or take possession of
any property, apparatus, equipment, machinery, computer,
computer output, data, book or other document, or article,
found upon such person for the purpose of the investigation
being carried out by him.
(3) No female person shall be searched under this section
or under section 50 except by another female.
Obstruction to exercise 47. No person shall—

of powers by an
investigating officer
(a) refuse any investigating officer exercising his powers

under section 45 or 46 access to any premises or any
part thereof, or fail to submit to the search of his
person;
(b) assault, obstruct, hinder or delay such investigating
officer in effecting any entrance which he is entitled to
effect;
(c) fail to comply with any lawful demands of any
investigating officer in the execution of his duties
under section 45 or 46;
(d) refuse to give to an investigating officer any
information which may reasonably be required of him
and which he has it in his power to give;
(e) fail to produce to, or conceal or attempt to conceal
from, an investigating officer any property, book,
other document or article in relation to which the
investigating officer has reasonable grounds for
suspecting that an offence has been or is being
committed under this Act;
(f) rescue or endeavour to rescue any thing which has
been duly seized;
(g) furnish to an investigating officer as true, information
which he knows or has reason to believe to be false; or
(h) before or after any seizure, break or otherwise destroy
any thing to prevent the seizure thereof, or the
securing of such thing.
Requirement to 48. (1) Where an investigating officer finds, seizes, detains

provide translation or takes possession of any computer, computer output, data,
book or other document, in the exercise of any power under
this Part, and such book or other document or any part
thereof is in a language other than the national language or
the English language, or in any sign or code, the
investigating officer may, orally or in writing, require the
person who had the possession, custody or control of such
computer, computer output, data, book or other document, to
furnish to the investigating officer a translation in the
national language or the English language of such computer
output, data, book or other document within such reasonable
period as the investigating officer may specify, having regard
to the length of the computer output, data, book or other
document, or other circumstances relating to it.
(2) No person shall knowingly furnish a translation under

subsection (1) which is not an accurate, faithful and true
translation, or knowingly make a translation under that
subsection which is not accurate, faithful and true.
(3) Where the person required to furnish a translation
under subsection (1) is not the person who is suspected to
have committed the offence under investigation, the Bank
shall pay him reasonable fees for the translation.
Power to examine 49. (1) Where an investigating officer suspects any person
persons to have committed an offence under this Act, he may, if in
his opinion it is reasonably necessary to do so for the
purposes of an investigation into such offence—
(a) order any person orally or in writing to attend before
him for the purpose of being examined orally by the
investigating officer in relation to any matter which
may, in the opinion of the investigating officer, assist
in the investigation into the offence;
(b) order any person orally or in writing to produce before
the investigating officer property, apparatus,
equipment, machinery, computer, computer output,
data, book or other document, or article, or things
which may, in the opinion of the investigating officer,
assist in the investigation into the offence; or
(c) by written notice require any person to furnish a
statement in writing made on oath or affirmation
setting out therein all such information which may be
required under the written notice, being information
which, in the opinion of the investigating officer,
would be of assistance in the investigation into the
offence.
(2) A person to whom an order under paragraph (1) (a) or
(b), or a written notice under paragraph (1) (c), has been
given shall comply with the terms of such order or written
notice, as the case may be, and, in particular—
(a) a person to whom an order under paragraph (1) (a) has
been given shall attend in accordance with the terms of
the order to be examined, and shall continue to so
attend from day to day as directed by the investigating
officer until the examination is completed, and shall
during such examination disclose all information
which is within his knowledge, or which is available to
him, or which is capable of being obtained by him, in
respect of the matter in relation to which he is being
examined, whether or not any question is put to him
with regard thereto, and where any question is put to
him he shall answer the question truthfully and to the

best of his knowledge and belief, and shall not refuse
to answer any question on the ground that it tends to
incriminate him or his spouse;
(b) a person to whom an order has been given under
paragraph (1) (b) shall not conceal, hide, destroy, alter,
remove from or send out of Malaysia, or deal with,
expend, or dispose of, any property, apparatus,
data, book or other document, article or thing specified
in the order, or alter or deface any entry in any such
computer output, data, book or other document, or
cause such acts to be done, or assist or conspire to do
such acts; and
(c) a person to whom a notice has been given under
paragraph (1) (c) shall, in his statement made on oath
or affirmation, furnish and disclose truthfully all
information required under the notice which is within
his knowledge, or which is available to him, or which
is capable of being obtained by him, and shall not fail
to furnish or disclose the same on the ground that it
tends to incriminate him or his spouse.
(3) A person to whom an order or a notice is given under
subsection (1) shall comply with such notice or order and
with the provisions of subsection (2) in relation thereto,
notwithstanding the provisions of any written law, whether
enacted before or after the commencement of this Act, or of
any oath, undertaking or requirement of secrecy, to the
contrary, or of any obligation under any contract, agreement
or arrangement, whether express or implied, to the contrary.
(4) Where any person discloses any information or
produces any property, equipment, apparatus, machinery,
computer data, book or other document, article or thing,
pursuant to subsections (1) and (2), neither the first-
mentioned person, nor any other person on whose behalf or
direction or as whose agent or officer the firstmentioned
person may be acting, shall, on account of such disclosure or
production, be liable to any prosecution for any offence
under or by virtue of any law, or to any proceeding or claim
in any form or of any description by any person under or by
virtue of any agreement or arrangement, or otherwise.
(5) An investigating officer may seize, take possession of
and retain for such duration as he deems necessary, any
computer output, data, book or other document, or article or
thing produced before him in the course of an investigation
under subsection (1), or search the person who is being
examined by him under paragraph (1) (a), or who is
producing anything to him under paragraph (1) (b), for

ascertaining whether anything relevant to the investigation is
concealed, or is otherwise upon such person.
(6) An examination under paragraph (1) (a) shall be
reduced into writing by the investigating officer and shall be
read to and signed by the person being examined, and where
such person refuses to sign the record, the investigating
officer shall endorse thereon under his hand the fact of such
refusal and the reasons thereof, if any, stated by the person
examined.
(7) The record of an examination under paragraph (1) (a),
or a written statement on oath or affirmation made pursuant
to paragraph (1) (c), or any property, apparatus, equipment,
machinery, computer, computer output, data, book or other
document, or article or thing produced under paragraph (1)
(b) or otherwise in the course of an examination under
paragraph (1) (a) or under a written statement on oath or
affirmation made pursuant to paragraph (1) (c) shall,
notwithstanding any written law or rule of law to the
contrary, be admissible in evidence in any proceedings in
any court—
(a) for or in relation to an offence under this Act;
(b) for or in relation to any other matter under this Act; or
(c) for or in relation to any offence under any other
written law,
regardless whether such proceedings are against the person
who was examined, or who produced the property,
apparatus, equipment, machinery, computer, computer
output, data, book, other document, article or thing, or who
made the written statement on oath or affirmation, or against
any other person.
Specific persons in 50. Without prejudice to the generality of other powers of

respect of whom investigation conferred on an investigating officer under this
powers of
investigation may be Part, such powers may be exercised by the investigating
exercised officer—
(a) against—
(i) any past or present business associate;
(ii) any person who is or was a relative;
(iii) any person who is or was a creditor;
(iv) any person who is or was concerned with the
control or management, in whole or in part, of the
affairs; or
(v) any person who has or had an interest in the shares,

or otherwise has or had an interest in the property,
of the person suspected to have committed an offence
under this Act;
(b) against any business associate or relative of a person
referred to in paragraph (a); or
(c) against any body, corporate or unincorporate, in which
any person referred to in paragraph (a) is a director or
officer or, where such body is a corporation, has an
interest in the shares of the corporation.
Seizure of movable 51. (1) Where the Bank is satisfied on information given
property in financial by an investigating officer that any movable property,
institution
including any monetary instrument or any accretion to it,
which is the subject matter of an offence under this Act or
evidence in relation to the commission of such offence, is in
the possession, custody or control of a financial institution,
the Bank may, notwithstanding any other law or rule of law,
by order direct the financial institution not to part with, deal
in, or otherwise dispose of such property or any part of it
until the order is revoked or varied.
(2) A financial institution or any agent or officer of a
financial institution shall not, on account of complying with
an order under subsection (1), be liable to any prosecution
under any law or to any proceedings or claim by any person
under any law or under any contract, agreement, or
arrangement, or otherwise.
(3) Any person who fails to comply with an order under
subsection (1) commits an offence.
(4) In this section, “monetary instrument” includes the
domestic currency or any foreign currency, travellers’
cheque, personal cheque, bank cheque, money order,
investment security or negotiable instrument in bearer form
or otherwise in such form that title to it passes upon delivery
or upon delivery and endorsement.
Dealing with property 52. (1) Where any property has been seized under this Act,
after seizure to be void and so long as such seizure remains in force, any dealing
effected by any person or between any persons in respect of
such property, except any dealing effected under this Act or
by virtue of this Act by or on behalf of the Government of
Malaysia, or the Government of a State, or a local authority
or other statutory authority, shall be null and void, and shall
not be registered or otherwise given effect to by any person
or authority.
(2) For so long as a seizure of any property under this Act

remains in force, no action, suit or other proceeding of a civil
nature shall be instituted, or if it is pending immediately
before such seizure, be maintained or continued in any court
or before any other authority in respect of the property which
has been so seized, and no attachment, execution or other
similar process shall be commenced, or if any such process is
pending immediately before such seizure, be maintained or
continued, in respect of such property on account of any
claim, judgement or decree, regardless whether such claim
was made, or such judgement or decree was given, before or
after such seizure was effected, except at the instance of the
Government of Malaysia or the Government of a State, or at
the instance of a local authority or other statutory authority,
or except with the prior consent in writing of the Public
Prosecutor.
Validity of seizure 53. Where the seizure of any property has been effected
under this Act, the validity of such seizure, or other form of
disposal of such property, or of any destruction of the
property in accordance with the provisions of this Act, in
consequence of such seizure, shall not be affected by any
objection to it relating to the manner in which the seizure
was effected, or the place at which it was effected, or the
person from whom it was effected, or the person to whom
any notice of the seizure was given, or omitted to be given,
or any failure to conform to any procedural provision of this
Act or of any other written law in effecting the seizure.
Assistance to police or 54. The Bank may at its own initiative, or on the request of
other public officer a public officer—
(a) supply to a police officer or any other public officer a

copy of any book, computer output, data, or other
document seized, detained or taken possession of
under section 45 or 46, or of any record of
examination under paragraph 49(1) (a), or of any
written statement on oath or affirmation made under
paragraph 49(1) (c) or of any book or other document
produced under paragraph 49(1) (b), or otherwise in
the course of any examination under paragraph 49(1)
(a), or under any written statement on oath or
affirmation made pursuant to paragraph 49(1) (c), and
such police officer or other public officer may make
such use of such copy of such record, statement, book
or other document as may be necessary or expedient in
relation to the exercise of his powers, the performance
of his functions, or the discharge of his duties, in
respect of any person; or
(b) allow a police officer or any other public officer to

have access to and inspect any property apparatus,
data, book, other document, article or thing which had
been produced before, or seized, detained or taken
possession of, by an investigating officer under this
Part, and such police or other public officer may make
such use of any knowledge gained by such access or
inspection as may be necessary or expedient in relation
to the exercise of his powers, the performance of his
functions, or the discharge of his duties, in respect of
any person.
Investigating officer 55. An investigating officer shall be deemed to be a public

deemed to be public servant for the purposes of the Penal Code [Act 574], and to
servant and public
officer be a public officer for the purposes of the Criminal
Act 574. Procedure Code or any other written law which the Bank
may prescribe.
PART VI
OFFENCES
Offences and penalties 56. (1) Any person who fails to comply with or
contravenes any requirement or prohibition imposed upon
him by any of the provisions of this Act, any specification or
requirement made, or any order, directive or notice given, or
any limit, term, condition or restriction imposed, in the
exercise of any power conferred under, pursuant to, or by
virtue of any of the provisions of this Act set out in the
second column of the Schedule commits an offence under
such provision and shall on conviction be liable to the fine
not exceeding the amount set out in the third column of the
Schedule or to imprisonment not exceeding the term set out
in the fourth column of the Schedule, or to both, and in the
case of a continuing offence, shall in addition, be liable to a
daily fine not exceeding the amount set out in the fifth
column of the Schedule for every day during which the
offence continues.
(2) Notwithstanding subsection (1), if the person
convicted of an offence under this Act is a body corporate,
the punishment of imprisonment set out in the fourth column
of the Schedule shall not apply to it.
General penalty 57. Any person who fails to comply with or contravenes
any requirement or prohibition imposed upon him by any of

the provision of this Act or any specification or requirement
made, or any order, directive or notice given, or any limit,
term, condition or restriction imposed in the exercise of any
power conferred under, pursuant to, or by virtue of any of the
provisions of this Act not specified in the Schedule, commits
an offence under such provision, and if no penalty is
expressly provided for the offence in this Act, shall on
conviction be liable to a fine not exceeding five hundred
thousand ringgit, and in the case of a continuing offence,
shall, in addition, be liable to a daily fine not exceeding one
thousand ringgit for every day during which the offence
continues.
Offences by body 58. (1) Where any offence against any provision of this
corporate and by Act has been committed by any body corporate or
servants and agents
association of persons, any person who at the time of the
commission of the offence was a director or officer of the
body corporate or association of persons or was purporting to
act in any such capacity, or was in any manner or to any
extent responsible for the management of any of the affairs
of such body corporate or association of persons, or was
assisting in such management, shall be guilty of that offence
unless he proves that the offence was committed without his
consent or connivance and 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.
(2) Where any person, in this subsection referred to as the
“principal”, would be liable under this Act to any
punishment or penalty for any act, omission, neglect or
default, he shall be liable to the same punishment or penalty
for every such act, omission, neglect or default of any clerk,
servant or agent of his, or of the clerk or servant of such
agent if such act, omission, neglect or default was committed
by the principal’s clerk or servant in the course of his
employment, or by the agent when acting on behalf of the
principal, or by the clerk or servant of such agent in the
course of his employment by such agent or otherwise on
behalf of the agent.
Joinder of offences 59. Notwithstanding anything contained in any other

written law, where a person is accused of more than one
offence under this Act, he may be charged with and tried at
one trial for any number of such offences committed within
any length of time.
Power to compound 60. (1) The Governor may with the consent in writing of
offences the Public Prosecutor, offer to compound any offence under
any provision of this Act or under regulations made under
this Act by making accepting from the person reasonably
suspected of having committed the offence such amount not
exceeding fifty per centum of the amount of the maximum
fine, including the daily fine, if any, in the case of a
continuing offence, to which that person would have been
liable if he had been convicted of the offence, within such
time as may be specified the offer.
(2) An offer under subsection (1) may be made at any time
after the offence has been committed and where the amount
specified in the offer is not paid within the time specified in
the offer, or such extended time as the Governor may grant,
prosecution for the offence may be instituted at any time
after that against the person to whom the offer was made.
(3) Upon receipt of the amount under subsection (1), no
prosecution shall be instituted in respect of the offence
against the person to whom the offer to compound was
made.
Power to impose 61. (1) The Bank may, by regulations issued under section
administrative penalty 69, impose administrative penalties on any person for any
delay in complying with any directive, guideline, standard,
circulars, specification, order or notice issued by the Bank in
respect of any provision of this Act.
(2) The Bank shall, before making a decision to impose
any administrative penalty on a person, serve on him a
written notice calling on him to show cause why the
administrative penalty should not be imposed on him.
(3) If a satisfactory explanation is not received within
fourteen days from the date of the written notice, the Bank
may impose an administrative penalty in an amount not
exceeding five hundred ringgit for each day of non-
compliance and such amount shall not in total exceed the
sum of five thousand ringgit.
Offences to be seizable 62. Every offence under the Act shall be a seizable offence,
offences and a police officer not below the rank of Inspector, or an
investigating officer appointed under section 43, may arrest
without warrant any person whom he reasonably suspects to
have committed or to be committing any such offence.
Duty of investigating 63. An investigating officer appointed under section 43

officer to make over making an arrest under section 62 shall without unnecessary
arrested person to delay make over the person so arrested to the nearest police
police officer or, in the absence of a police officer, take such person
to the nearest police station, and thereafter the person
arrested shall be dealt with as provided for by the law
relating to criminal procedure for the time being in force as if
he had been arrested by a police officer.
Attempts, 64. (1) Any person who—

preparations,
abetments and
conspiracies
punishable as offences
(a) attempts to commit any offence under this Act;

(b) does any act preparatory to or in furtherance of the
commission of any offence under this Act; or
(c) abets or is engaged in a criminal conspiracy to
commit, as those terms are defined in the Penal Code,
any offence under this Act, whether or not the offence
is committed in consequence thereof,
shall be guilty of such offence and shall be liable to the
penalty provided for such offence.
(2) Any provision of this Act which contains a reference
to any offence under any specific provision of this Act shall
be read as including a reference to an offence under
subsection (1) in relation to the offence under that specific
provision.
PART VII
MISCELLANEOUS
Duty to submit 65. Where under any provision of this Act power is given to
accurate information the Bank to require any person, or where any person is
required under any provision of this Act, to submit to the
Bank any information, statistics, return or document—
(a) the Bank may specify that such information, statistics,
return or document shall be submitted within such
period, at such intervals, in such manner, in such form,
and in writing or by means of any visual recording,
whether of still or moving images, or any sound
recording, or any electronic, magnetic, mechanical, or
other recording, on any substance, material, thing or
article, as the Bank may set out in the specification;
and
(b) such person shall not submit, produce or provide any

information, statement, statistics, return or document
which he knows, or has reason to believe, to be false
or misleading.
Appeal against a 66. (1) If any person disagrees with any decision by the
decision of the Bank Bank in relation to subsection 5(4), 8(1), 23(1), 26(1), 32(1),
33(1) or 61(1), such person may within twenty-one days, or
within such extended period of time as the Bank may allow,
appeal in writing against the decision of the Bank to the
Minister whose decision shall be final.
(2) Every appeal under subsection (1) shall be submitted
to the Bank and the Bank shall forward the written appeal to
the Minister together with the Bank’s recommendation.
(3) If within the period specified in subsection (1) the
person appeals to the Minister, the decision of the Bank shall
not take effect unless the Minister confirms the decision or,
for any reason, dismisses the appeal, or the appeal is
withdrawn.
Exemptions 67. The Bank may, if it is consistent with the purposes of

this Act, by order published in the Gazette, exempt any
particular person or any class, category or description of
persons, from all or any of the provisions of this Act, for
such duration, and subject to such condition, as the Bank
may specify in the order.
Monies received by 68. All monies received by the Bank pursuant to this Act
the Bank including fees collected under subsection 5(3) and paragraph
25(1) (b), monies collected for the compounding of an
offence under section 60 and administrative penalties under
section 61 shall form part of the funds of the Bank.
Regulations 69. (1) The Bank may, with the approval of the Minister,
make such regulations as may be—
(a) required or permitted by this Act to be prescribed by
regulations;
(b) necessary or expedient for—
(i) giving full effect to the provisions of this Act;
(ii) carrying out or achieving the objects and purposes
of this Act; or
(iii) the further, better or more convenient
implementation of the provisions of this Act.

(2) Without prejudice to the generality of subsection (1),
regulations may be made—
(a) to provide that any act or omission in contravention of
any provision of such regulations shall be an offence;
(b) to provide for the imposition of penalties for such
offences which shall not exceed a fine of one million
ringgit or imprisonment for a term not exceeding one
year or both;
(c) to provide for the imposition of an additional penalty
for a continuing offence which shall not exceed one
thousand ringgit for each day that the offence
continues after conviction.
(3) Notwithstanding anything contained in any—
(a) approval, directive, acknowledgement, notice,
standard or guideline issued under this Act; or
(b) rules and procedures governing a payment system or
payment instrument,
every operator or issuer shall comply with any regulations
made under subsection (1) and where there is any conflict or
inconsistency between anything contained in paragraph (a)
or (b) and the regulations, the provisions of the regulations
shall prevail and have full force and effect.
Power to issue 70. The Bank may, generally in respect of this Act, or in
guidelines, etc. respect of any particular provision of this Act, or generally in
respect of the conduct of all or any of the operators of
payment systems or issuers of payment instruments, issue
such guidelines, circulars, standards or notices as the Bank
may consider desirable.
Contravention not to 71. (1) Except as otherwise provided in this Act, or in

affect contract, pursuance of any provision of this Act, no contract,
agreement or
arrangement agreement or arrangement entered into in contravention of
any provision of this Act shall be void solely by reason of
such contravention.
(2) Subsection (1) shall not affect any criminal liability of
any person for an offence under this Act in respect of such
contravention.
Indemnity 72. No action, suit, prosecution or other proceedings shall

lie or be brought, instituted or maintained in any court or
before any authority against the Minister or the Bank or any

of its directors and officers, or any person acting on its
behalf, either personally or in his official capacity, for, on
account of, or in respect of an act done or statement made, or
omitted to be done or made, or purporting to be done or
made, or omitted to be done or made, in pursuance of or in
execution of, or intended pursuance or execution of, this Act
or any order, directive, instruction or other thing issued
under this Act if such act or statement was done or made, or
was omitted to be done or made, in good faith.
Secrecy 73. (1) No director or officer of any operator or issuer,

whether during his tenure of office, or during his
employment, or thereafter, shall give, produce, divulge,
reveal, publish or otherwise disclose to any person, or make
a record for any person of, any information or document
relating to the affairs or account of any participant of a
payment system or user of a payment instrument.
(2) No person who for any reason, has by any means
access to any record, book, register, correspondence, or other
document, or material, relating to the affairs or, in particular,
the account, of any particular operator of a designated
payment system, participant of a payment system or user of a
payment instrument, shall give, produce, divulge, reveal,
publish or otherwise disclose to any person, or make a record
for any person of, any information or document relating to
the affairs or account of such operator of a designated
payment system, participant of a payment system or user of
the payment instrument.
(3) No person who has any information or document
which to his knowledge has been disclosed in contravention
of subsections (2) or (3) shall in any manner disclose the
information or document to any other person.
Disclosures to the 74. (1) The provisions of section 73 shall not apply to the
Bank and persons disclosure of any information or document—
appointed by the Bank
(a) to the Bank, as is required for the purposes of the

credit bureau established under paragraph 30(1)(mmm)
of the Central Bank of Malaysia Act 1958;
(b) to the Bank, or to any director or officer of the Bank,
or to any person appointed by the Bank under
subsection 4(3) where the disclosure is for the purpose
of the exercise of powers, the performance of
functions or the discharge of duties of the Bank, or of
the director or officer of the Bank, or of the person
appointed under subsection 4(3);

(c) to any person rendering professional services to the
Bank in relation to any matter of law, accountancy,
valuation, or any other matter requiring professional
knowledge, where he is authorised in writing by the
Bank to obtain the information from the operator or
issuer for the purpose of his services to the Bank.
(2) Where the Bank, in the course of the exercise of any of
its powers, or the performance of any of its functions, or the
discharge of any of its duties under this Act or under any
other written law, suspects any person to have committed
any offence under this Act or any other written law, it shall
be lawful for the Bank to give information of such
commission to any police officer or to convey any or all
information in relation to such offence to any authority or
person having power to investigate under, or enforce, the
provision of the law under which the offence is suspected by
the Bank to have been committed.
(3) Subsection (2) shall have full force end effect,
notwithstanding anything inconsistent therewith, or contrary
thereto, in this Act or in any other written law.
Other permitted 75. The provisions of section 73 shall not apply to the
disclosure disclosure of any information or document—
(a) which at the time of the disclosure is, or has already

been made, lawfully available to the public from any
source other than the operator or issuer;
(b) which is in the form of a summary, consolidation,
aggregate or collection of information set out in such
manner as does not enable information relating to any
particular participant or any particular user of a
payment instrument to be ascertained from it;
(c) which the customer, or his personal representative, has
given permission in writing to disclose;
(d) where such disclosure is required or authorised under
any other provision of this Act;
(e) where such disclosure is authorised in writing by the
Bank; or
(f) where such disclosure is required or authorised by any
court or under any written law.
Application of the 76. Nothing contained in this Act shall in any manner
Exchange Control Act affect, or derogate from, the provisions of the Exchange
1953
Control Act 1953, and in the application of any provision of

this Act to any person, such provision shall apply subject to
the provisions of that Act and, accordingly, in the event of
any conflict or inconsistency between any provision of this
Act and that Act, the provisions of that Act shall prevail.
Savings 77. (1) An issuer of a designated payment instrument who

has obtained approval under paragraph 19(b) of the Banking
and Financial Institutions Act 1989 shall be deemed to have
obtained approval under subsection 24in respect of the
issuance of that designated payment instrument.
(2) Any designated payment instrument issued pursuant to
an approval under subsection 119(1) of the Banking and
Financial Institutions Act 1989 shall be deemed to have been
approved under subsection 24(1).
(3) An operator of a payment system who has obtained
approval under subsection 119(1) of the Banking and
Financial Institutions Act 1989 shall be deemed to have
complied with the requirements and received the notification
under subsection 4(1).
(4) Every guideline and circular issued by the Bank under
section 126 of the Banking and Financial Institutions Act
1989 in relation to paragraph 19(1) (b) and subsection 119(1)
of the Banking and Financial Institutions Act 1989 shall be
deemed to have been lawfully issued under section 70 of this
Act in relation to the particular provisions of this Act
corresponding to the matter dealt with in the guideline or
circular and shall remain in full force and effect until it is
amended, rescinded or replaced under this Act.
SCHEDULE
[Section 56 — Offences and Penalties]
First Second Third Fourth Fifth

Column Column Column Column Column
Serial Provision of Fine Imprisonment Daily
No. this Act Fine
contravened RM
or not RM
complied
with
1. Subsection 5 5 years 5
5(1) million thousand
3. Subsection 3 3 years —
9(2) million
10(2) million
10(3) million
6. Section 12 3 3 years 3
million thousand
million thousand
million thousand
9. Subsection 1 1 year 1
10. Paragraph 3 3 years 3
15(3)(a) million thousand
15(3)(b) million thousand
12. Section 22 1 1 year 1
million thousand
million thousand
million thousand
29(3)(a) million thousand
29(3)(b) million thousand

25. Section 36 1 1 year 1
million thousand
26. Subsection 1 — 1
million thousand
29. Paragraph 1 1 year 1
65(a) million thousand
65(b) million thousand

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Act 627 Page 1 of 49

Payment Systems Act 2003

An Act to make provisions for the regulation and supervision

1. Short title and commencement

4. Functions of the Bank

Payment Systems and Designation of Payment Systems

5. Operation of payment systems

Requirements for Operation of Designated Payment Systems

Finality of Payment and Netting Arrangement

Operation and Designation of Payment Instruments

23. Prohibition of issuance of payment instruments

Requirements for Issuance of Designated Payment Instruments

27. Governance arrangements

POWERS OF THE BANK

General Powers of the Bank

30. Requirement to incorporate

Powers of the Bank over Designated Payment Systems and Designated

32. Power to make modifications

34. Examination by the Bank

Control Over Designated Payment Systems

36. Operator of designated payment system insolvent

41. Power to reduce share capital and to cancel shares

INVESTIGATION, SEARCH AND SEIZURE

56. Offences and penalties

65. Duty to submit accurate information

(2) This Act comes into operation on a date to be

Interpretation 2. (1) In this Act, unless the context otherwise requires—

“payment instruction” or “settlement instruction” includes

suitable for use in a computer;

unincorporate, includes any employee and a chief executive

Application 3. (1) Where an operator issues a designated payment

the functions of the Bank on its behalf.

Payment Systems and Designation of Payment Systems

Designation of 6. (1) The Bank may, by order published in the Gazette,

(a) the payment system poses systemic risk; or

Compliance with 7. (1) Where a payment system is prescribed as a

Requirements for Operation of Designated Payment Systems

Disqualification of 9. (1) A person is disqualified from being appointed as a

(a) that person has been adjudged a bankrupt, or has

Appointment of chief 10. (1) A person is disqualified from being appointed or

(b) that person is not available for full time employment;

Exceptions 11. (1) A person who is disqualified as a director or chief

Effect of 12. Where a person becomes disqualified under subsection

(a) he shall immediately cease to hold office; and

Governance 13. The operator of a designated payment system shall

Operational 14. An operator of a designated payment system shall

(a) rules and procedures setting out the rights and

Bank may specify.

Finality of Payment and Netting Arrangement

Interpretation 16. For purposes of this Chapter—

“bilateral netting” means a netting arrangement between

(a) any payment or settlement instruction sent through a

Finality of payment 19. (1) A payment instruction or settlement shall be valid

irrevocable under subsection (1) and any netting arrangement

Non-recognition of 21. Notwithstanding any other written law or rule of law, a

Requirement to notify 22. (1) Where an operator of a designated payment

(a) is insolvent or is likely to become insolvent;

such operator shall immediately notify the participants of the

Operation and Designation of Payment Instruments

Designation of 24. (1) Where the Bank is of the opinion that—