Section 42
Section 42
(1)
No takaful operator incorporated in Brunei Darussalam shall appoint a person as its managing director, director, chief executive or principal officer, and no takaful operator incorporated outside Brunei Darussalam or otherwise carrying on business outside Brunei
Darussalam shall appoint a chief executive or principal officer for Brunei Darussalam, unless –
Incorporating amendments until S 1/2016
(Clean Version) NANI/Amiriah/Fiqah/Karimah as of 8th July 2019
41
BLUV as at 14th January 2016
(a)
the takaful operator has served on the Authority a notice stating that the person it proposes to appoint fulfils the minimum criteria of “a fit and proper person”
as may be determined; and
(b)
the Authority has, before the expiration of 3 months from the date of service of the notice, notified the takaful operator in writing that there is no objection to that person being appointed to that position or such period elapses without the
Authority having served on the takaful operator a notice of objection in writing.
(2)
A notice under subsection (l)(a) shall contain a statement signed by the person proposed to be appointed that it is served with his knowledge and consent.
(3)
The Authority may object to the person proposed to be appointed and serve notice thereof under subsection (1)(b) on the ground that it appears to him that such person is not “a fit and proper person” to be so appointed, but before serving such notice the Authority shall serve on the takaful operator and on the person a preliminary notice in writing stating –
(a)
that the Authority is considering the service on the takaful operator of a notice of objection on that ground; and
(b)
that the takaful operator and that person may, within one month from the date of service of the preliminary notice, make representations in writing to the
Authority.
(4)
The Authority shall not be obliged to disclose any particulars of the grounds on which he is considering the service of the notice of objection or on which he has served the notice of objection.
(5)
Where representations are made in accordance with this section, the Authority shall take them into consideration in deciding whether to serve the notice of objection.
(6)
Any person who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000, and in the case of a continuing offence to a further fine not exceeding $2,000 for every day during which the offence continues after conviction.
Incorporating amendments until S 1/2016
(Clean Version) NANI/Amiriah/Fiqah/Karimah as of 8th July 2019
42
BLUV as at 14th January 2016
Approval of person proposing to become controller of takaful operator where section 42(1) does not apply.