ACT 276
ISLAMIC BANKING ACT 1983

PART II - LICENSING OF ISLAMIC BANKS



Section 3. Islamic banking business to be transacted only by a licensed Islamic bank.


(1) Islamic banking business shall not be transacted in Malaysia except by a company which is in the possession of a licence in writing from the Minister authorizing it to do so.

(2) A company which desires authority to carry on Islamic banking business in Malaysia shall apply in writing through the Central Bank to the Minister for a licence under this section and shall supply-


(3) Upon receiving an application under subsection (2) the Central Bank shall consider the application and make a recommendation to the Minister stating whether a licence should be granted or not and the conditions, if any, to be attached to the licence.

(4) Upon receiving an application under subsection (2) and the recommendation of the Central Bank under subsection (3), the Minister may, subject to section 4, grant a licence, with or without conditions, or refuse a licence.

(5) The Central Bank shall not recommend the grant of a licence, and the Minister shall not grant a licence, unless the Central Bank or the Minister, as the case may be, is satisfied-

[Am. Act A1214:s.2]

(5A) Any Islamic bank licensed under this section shall be deemed to be a member institution under the Malaysia Deposit Insurance Corporation Act 2005 [Act 642].

[Ins. Act A1255:s.3]

(6) Any person who contravenes the provisions of this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.


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