Question 4

(a) Discuss how the banking institutions in Malaysia are supervised via the llcensing process,

Support your answer with the relevant legal provisions.

(10 marks)

(b) Bank Jaya Berhad granted a term loan facility for RM1 million to Mr James. He charged a

plece of land in Shah Alam to Bank Jaya as a security. In addition, his secretary, Ms Nina,

agreed to be his guarantor for the said loan. Recently, Mr James defaulted in the repayment

of the term loan.

1. Explain the nature of the two main remedies provided under the National Land Code

1965 which are available to Bank Jaya, as the chargee.

1. marks)
2. Advise Bank Jaya if Ms Nina daimed that she signed as the guarantor under undue

influence as Mr James is her employer, and that he has threatened to terminate her

employment should she refuse to do so.

(8 marks)

(ili) Assuming that Mr James dies in the midst of the proceeding, explain whether Bank

Jaya can continue the legal action in relation to Mr James's term loan.

(4 marks)