Section 88
Section 88
(1)
A person who has at any time been authorised as its agent by a takaful operator and who solicits or negotiates a contract of takaful in such capacity shall in every such instance be deemed, for the purpose of the information of the contract, to be the agent of the takaful operator, and the knowledge of such person relating to any matter relevant to the acceptance of the risk by the takaful operator shall be deemed to be the knowledge of the takaful operator.
(2)
Any statement made or any act done by any such person in his representative capacity shall be deemed, for the purpose of the formation of the contract, to be a statement made or act done by the takaful operator, notwithstanding any contravention of section 38 or of any other provision of this Order by such person.
(3)
This section shall not apply –
(a)
where there is collusion or connivance between such person and the proposed participant in the formation of the contract; or
Incorporating amendments until S 1/2016
(Clean Version) NANI/Amiriah/Fiqah/Karimah as of 8th July 2019
79
BLUV as at 14th January 2016
(b)
where such person has ceased to be its agent, and the takaful operator has taken all reasonable steps to inform or bring to the knowledge of potential participants and the public in general the fact of such cessation.
Application of other laws.