Section 2
In this Act, unless the subject or context otherwise
of National Bank of Brunei; National Finance Sendirian Berhad Act
Interpreta-requires -
tion
"Bank" means National Bank of Brunei Berhad, a company incorporated in Brunei Darussalam;
"commencement"
means commencement of this Act;
"connected person" means any person whom the
Controller shall determine or deem to be a connected person for the purposes of this Act and may include -
the date of
(a)
any person who at any time prior to commencement controlled or was concerned with the control or the management of the business and/ or affairs of the Bank or the Finance
Company whether directly or indirectly, in whole or in part, by operation of law, by contractual
B.L.R. 0.1/1999
4
National Bank of Brunei Berhad;
National Finance Sendirian Berhad right, by virtue of familial relationship, by arrangement
(trust or other) or otherwise and irrespective of the manner in which such control or concern arose. or was exercised;
(b)
any person who has at any time had an interest in the share capital of the Bank or the
Finance Company;
(c)
any person who at any time prior to commencement was a director, banker, auditor, legal or other adviser or employee of the Bank or the Finance Company;
(d)
any person who has at any time had or continues to have in his possession or under his control any asset belonging to or financed by the
Bank or the Finance Company;
(e)
any person who upon commencement is indebted to the Bank or the Finance Company;
(j)
any person who has lent money to or deposited money with the Bank or the Finance
Company, whether or not the same remains outstanding upon commencement;
(g)
any person whom the Controller believes to possess any knowledge or information relating to the business dealings, affairs or assets of the
Bank or the Finance Company;
(h)
any relative of any person referred to in paragraph (a), (b), (c), (d), (e), (j) or (g) ;
(i)
any company
(i)
of which any person referred to in paragraph (a), (b), (c), (d), (e), (j),
(g)
or (h) is a director or officer; (ii) over which
National Bank of Brunei Berhad;
National Finance Sendirian Berhad
CAP. 156 5
any such person has control
(construed in accordance with paragraph (a)) ; or (iii) in any shares in the share capital of which any such person is interested, in each case upon commencement; and
(J)
any person in any other way connected or associated with or related to any person referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h) or
(i)
;
"document"
includes any paper, card, storage medium (magnetic or other) or other material or substance on or in which is written, printed, typewritten, lighographed, marked, captured, re-presented, reproduced or otherwise recorded or expressed any letter, figure, mark or any other visible, pictorial or audible representation;
"excluded person" means any person whom the
Controller may from time to time designate as an excluded person for the purposes hereof;
"Finance
Company"
means National
Finance
Sendirian Berhad, a company incorporated in
Brunei Darussalam;
"former director" means any director of the Bank or the Finance
Company who ceased to be director in accordance with section 5(2) ;
"former officer" means (a) any person removed from office by section 5(2) ; and (b) any person who was accustomed to act or did act in accordance with the instructions of any person removed from office by section 5(2) ; and (c) any person in accordance with whose instructions any person removed from office by section 5(2) was
B.L.R.O.1I1999
6
National Bank of Brunei Berhad;
National Finance Sendirian Berhad accustomed or did act; and (d) any other person who immediatelyprior to commencementwas an officerof the Bank or the Finance Company;
"passport"
means any document issued by a competent authority whetherin BruneiDarussalam or otherwise granting permission to the person specifiedin it to travel and authenticating his right to protection and shallincludeany documentwhich establishesthe identity of the holder;
"person"
includes an individual, body, company, corporation, sole trader, firm, joint venture, asso-ciation, trust, syndicate, group, organisation, entity or a partnership of all or any of the foregoing, in each case whether or not having separate legal personality;
"public officer" has the meaning ascribed thereto in the Constitution of Brunei Darussalam;
"relative" in relation to any person includes-
(a)
any spouse or any former spouse of such person;
(b)
any brother or sister of such person;
(c)
any brother or sister of any spouse or any former spouse of such person;
(d)
any lineal ascendant or descendant of such person;
(e)
any lineal ascendant or descendant of any spouse or any former spouse of such person;
National Bank of Brunei Berhad;
National Finance Sendirian Berhad
CAP. 156 7
(j)
any spouse or any former spouse or any person referredto inparagraph (b),(c),(d)or (e);
(g)
any lineal ascendant or descendant of any person referred to in paragraph (b), (c) or (j) ;
"the Controller" means the person appointed by His
Majesty the
Sultan and
Yang
Di-Pertuan as
Controller of the Bank and the Finance Company for the purposes of this Act;
"the Minister" means the Minister of Finance.