Section 35
of Registered Agents and Trustees Licensing Order, 2000
Section 35
(1)
Except as provided by subsection (2) and sections 28A, 34 and 36, no official of a licensee (including a director or an employee) and no person who, by reason of his professional, banking, insurance or other relationship with a licensee, has by any means access to the records of a licensee or any registers or correspondence or material with regard to the account of any client of that licensee shall, at any time (whether while he continues as such an official or while his professional relationship continues or thereafter) give, divulge or reveal any information whatsoever regarding the moneys or other relevant particulars of the account of that client, and any person who acts in contravention of this subsection shall be guilty of an offence or liable on conviction to imprisonment for a term not exceeding two years, a fine not exceeding one hundred thousands dollars or both.
(2)
This section does not apply where –
(a)
information is or had already been made available to the public from other sources, or where information is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it;
(b)
the client or his personal representative gives written permission to the disclosure of the information;
(c)
the client is declared bankrupt or being a company, is being wound up;
(d)
the disclosure of the information is ordered by the Court for the purposes of civil proceedings within Brunei Darussalam;
Incorporating amendments until S 43/2016
(Clean copy) NANI/muslim/fiqah _ as of 17.08.2020
34
BLUV as at 3rd August 2016
(e)
the officials of a licensee by compulsion of any written law as defined in section 2 are required to give information to the Authority, or to a police officer or a public officer who is duly authorised under that law to obtain that information, or to a
Court in the investigation or prosecution of a criminal offence under any such law;
(f)
the licensee has been served with a garnishee order made by the Court attaching moneys in the account of the client;
(g)
an individual client has died, whether testate or intestate, and the information is required by his appointed personal representative or any person entitled to letters of administration solely in connection with an application for a grant of probate or letters of administration;
(h)
the Court has, on the application of the Authority or the licensee, so ordered.
Permitted disclosures.