16. Are there any restrictions imposed on institutions licensed under the Banking and Financial Institutions Act 1989 (?BAFIA?) in the structuring of a securitisation transaction?

Any disposal of assets by an Originator (which is a financial institution) may require the approval of the Minister of Finance on the recommendation of Bank Negara Malaysia under section 49 of BAFIA. In addition, the financial institutions need to observe section 97 of BAFIA in relation to the disclosure of any information pertaining to the underlying assets.

 

BNM should also be consulted to ascertain any prudential requirements arising from the nature of the involvement of licensed institutions either as a servicer, liquidity provider, adviser etc. Any required approval of BNM should be obtained prior to any submission to the SC under its ABS Guidelines.

Remark: BNM - Bank Negara Malaysia (Malaysia Central Bank)

 

 

 

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