The Association shall be known as Persatuan Broker – Broker Insurans dan Takaful Malaysia (Malaysian Insurance And Takaful Brokers Association)/(MITBA).

The Place of Business of the Association shall be at Unit 303, Block A, Pusat Dagangan Phileo Damansara II, No. 15, Jalan 16/11, Off Jalan Damansara, 46350 Petaling Jaya, Selangor Darul Ehsan or at such place as may be decided by the Management Committee from time to time with the prior approval of the Registrar of Societies.

A Secretariat of the Association shall be established at its registered place of business.

The activities of the Association shall apply in Malaysia only.

1. In these Articles the following terms, unless hereinafter specifically otherwise provided, shall have the following meaning:-
   1. “Association” means Persatuan Broker - Broker Insurans dan Takaful Malaysia (Malaysian Insurance And Takaful Brokers Association)/(MITBA).

   2. “Company” means Insurance Brokers and/or Takaful Brokers, duly registered or licensed under the Insurance Act 1996 and/or the Takaful Act 1984 respectively for the time being in force in Malaysia and having the objects of transacting and /or engaging in insurance and/or takaful broking businesses in Malaysia.

   3. “Malaysian Companies” means a company whose capital is at least 50% Malaysian owned.

   4. “Member” means a company admitted to membership in accordance with the provisions of Article 7.

   5. “Insurance Act” means the Insurance Act 1996 as amended from time to time.

   6. “Takaful Act” means the Takaful Act 1984, as amended from time to time.

   7. “Insurance Broker” means a person who, as an independent contractor, carries on insurance broking business and includes a reinsurance broker.

   8. “Takaful Broker” means any individual, firm or company who for compensation as an independent contractor, in any manner solicits, negotiates or procures takaful contracts or the renewal or continuance thereof on behalf of the participant other than himself and includes a re-takaful broker.

   9. “Insurance broking business” means the business of soliciting, negotiating or procuring a policy with an insurer, or the renewal or continuance of the policy, for a policy owner other than himself and includes reinsurance broking for an insurer.

   10. “Takaful broking business” means the business of soliciting, negotiating or procuring a takaful contract or the renewal or continuance thereof, for a participant other than himself and includes re-takaful broking for an Operator.

   11. “Operator” means a company or a society which carries on takaful business.

   12. “Special General Meetings” include Extraordinary General Meetings.

2. Any other term appearing in these Articles to which a meaning is prescribed in any written law or laws for the time being in force in Malaysia relating to insurance and/or takaful shall bear the meaning prescribed in that law or laws.

3. In this constitution the singular shall include the plural and vice-versa.

1. The object for which the Association is established is to further the interests of Insurance and/or Takaful Broking in Malaysia. Towards this end, the Association may undertake any or all of the following to the extent that they are consistent with the laws of Malaysia:-
   1. The promotion and establishment of a sound insurance and/or takaful broking structures in Malaysia in co-operation and consultation with Bank Negara Malaysia.

   2. The promotion an representation of the interests of Members in or connected with Malaysia.

   3. Rendering of advice or assistance as may be deemed necessary and expedient to Members where possible.

   4. Noting of events, statements and expressions of opinion affecting Members, to advise them thereon and to represent their interests by expression of views thereon on their behalf as may be deemed necessary and expedient.

   5. Co-operation with other similar associations elsewhere in the world.

   6. Circulation of information likely to be of interest to Members and to collect, collate and publish statistics and any other relevant information relating to insurance and/or takaful broking.

   7. Work in conjunction with any legal body or association or any similar body appointed or to be appointed for the consideration, framing, amendment or alteration of any law relating to insurance and/or takaful.

   8. Organisation and management of arrangements and matters of common interest, concern or benefit to Members or any group of Members and to collect and manage funds for the same.

   9. Undertaking, prosecution or defence of, and at the discretion of the Management Committee, to assist any Member to undertake, prosecute and defend any proceedings, civil or criminal in any Court but not to pay any fine or penalty imposed by such Court against such Member, and to make or in the discretion of the Management Committee assist any such Member to make any representation to any Government or Government Representative, public or private body, association, corporation, company, firm or individual.

   10. Formulation of Rules in accordance with these Articles in consultation with Bank Negara Malaysia and the Registrar of Societies.

   11. Such action as may be deemed necessary to enforce these Articles and Rules of the Constitution and the Code of Ethics and Conduct of the Association.

   12. Provision and maintenance of premises for the purpose of the Association and for use by its Members.

2. The Association shall also have the following powers:-
   1. To formulate and enforce Rules for the guidance and control of its Members in consultation with Bank Negara Malaysia.

   2. To adopt Rules for the purpose of this Association.

   3. To do all such acts and to conduct all such matters as seem desirable in the interests of the Association generally and as are consistent with the Objects and Constitution of the Association.

1. Membership shall be opened to all Companies in Malaysia which are registered or licensed under the Insurance and/or Takaful Acts to transact insurance and/or Takaful broking businesses.

2. 1. There shall be only one kind of membership i.e. Ordinary Membership.
   2. Companies validly carrying on insurance and/or takaful broking businesses in Malaysia on 1st January, 1984 shall be deemed to be Members of the Association for the purposes of Section 22 (1) (c) of the Insurance Act and/or Section 37 of the Takaful Act and shall continue to remain so until they cease to be a Member in accordance with these Articles.

   3. The Secretariat of the Association shall keep and maintain a Register of Members, and shall enter the names of Companies registered or licensed under the Insurance and/or Takaful Acts to carry on insurance and/or takaful broking businesses in Malaysia on or after 1st January, 1984 in the Registrar of Members.

   4. Companies which commence to carry on insurance and/or takaful broking businesses after 1st January, 1984 shall be entitled on application to the Management Committee, to have their names entered in the Register of Members. The application shall be tabled at a Management Committee Meeting and shall be approved for registration.

   5. Companies whose names have been entered in the Register of Members shall so remain registered until they cease to be a member in accordance with these Articles.

3. Only Companies may become Members. Members shall notify the Honorary Secretary of the Association, in writing of the name of their Representative and/or alternate who is authorized to attend meetings on their behalf. Such representative or alternate shall be either a Director of the Company or employed by the company in a senior Managerial position. These nominations shall be entered in a Register and until revoked by the Member, all actions or representations or omissions of the representative shall be deemed to be actions, representations and omissions of the Member.

4. The entrance fee shall be RM 500.00. The subscription shall be RM 2,500.00 per annum or any other such amount as may be agreed upon by Members at an Annual General Meeting or Members’ approval on a simple majority by circular decision in accordance with Article 17 and shall be effective from the date of approval of the Registrar of Societies.

1. All Members shall strictly adhere to all the Articles and Rules of the Constitution and the Code of Ethics and Conduct of the Association and shall comply with the provisions of all laws in Malaysia, in particular the Insurance and/or Takaful Acts.

2. Every Member shall nominate one of its Director/General Manager for election to the Management Committee at each Annual General Meeting in which elections are held. Such person nominated shall be present and shall represent the Member at any General Meeting. Members may however, in writing, appoint an alternate to such nominated person subject to the approval of the Management Committee. In the case where such nominated person is not elected into the Management Committee, he or his approved alternate shall be available to serve in any committees or sub-committees formed in pursuance to Article 12.(G) and (H) herein.

3. Breaches of the insurance and/or Takaful Acts, any Articles and Rules of the Constitution and the Code of Ethics & Conduct of the Association shall be dealt with under Article 19, notwithstanding that other course(s) of action may have been taken under any laws, including the Insurance and/or Takaful Acts.

4. Membership of the Association requires prompt payment of all subscriptions and levies which are due or which may be called from time to time and any Member defaulting to pay such subscription or levies within one calendar month shall be sent a further written demand for payment. If the amount due is not paid within one further calendar month from the date of such notice, the Management Committee may announce such Member a defaulter and take such further action as it deems fit and necessary.

1. 1. The Management of the Association shall be vested in a Management Committee which shall consists of not more than nine (9) individuals all of whom shall be elected at the Annual General Meeting from the nominated representatives of Member Companies. No Member Company shall have more than one individual in the Management Committee. Such individuals shall at least be a Director/General Manager of his Company.

      Subject to Articles 9 (A) (ii) (e) thereto, Members of the Management Committee of the Association and every officer performing executive functions in the Association shall be Malaysian citizens.

      Non - Malaysians may hold office subject to the prior approval of the Registrar of Societies and Bank Negara Malaysia.

   2. The Management Committee shall comprise the following:-
      1. a Chairman
      2. a Deputy Chairman
      3. an Honorary Secretary
      4. an Honorary Treasurer; and
      5. not more than five (5) Ordinary Committee Members of whom at least three (3) shall be Malaysian citizens.

   3. The Chairman, Deputy Chairman, Honorary Secretary and Honorary Treasurer shall be elected by the Management Committee from amongst its Members.

   4. The Chairman, Deputy Chairman, Honorary Secretary and Honorary Treasurer of the Management Committee shall be the Chairman, Deputy Chairman, Honorary Secretary, and Honorary Treasurer of the Association respectively and one of them, shall be the Public Officer of the Association for purposes of Section 9(c ) of the Societies Act, 1966 provided that the name of such person shall be declared to the Registrar of Societies and registered by him as the Public Officer of the Association for that purpose.

   5. The Chairman, Deputy Chairman, Honorary Secretary, Honorary Treasurer and Members of the Management Committee shall hold office for a term of at least two (2) years and shall be eligible for re-election on the (3rd) Annual General Meeting following the Annual General Meeting for which they were elected.

   6. Should the office of the Chairman fall vacant at any time, the Management Committee shall elect a new Chairman from amongst its remaining Members and who shall hold office until the date of the next Annual General Meeting in which elections are held but shall be eligible for re-election.

   7. Candidates for election to the Management Committee excepting those Candidates seeking re-election must be proposed and seconded by two Members and every candidate for election shall give a written consent to his nomination. The list of candidates shall be closed fourteen (14) days before the date of which the Annual General Meeting is called.

   8. The Management Committee shall have the power to co-opt any Member’s representative nominated under Article 8.(B) to fill any vacancy amongst the Management Committee.

      Management Committee Members so co-opted shall retire immediately prior to the General Meeting next following their co- option but shall be eligible for re-election. The Management Committee shall also have the power to terminate the tenure of office of any such co-opted Management Committee Member.

2. 1. Notwithstanding the provisions of (A), Bank Negara Malaysia may appoint any person as a Member of the Management Committee and the Management Committee shall admit such person as a Member of the Management Committee.

   2. Any person appointed under (i) shall have the same powers, rights and liabilities as other Members of the Management Committee.

   3. Where Bank Negara Malaysia is of the opinion that it is expedient in the interest of the Association to increase the number of Members of the Management Committee, he may direct the Association to effect such changes as may be necessary for this purpose including specification on the requirement relating to representatives from Malaysian Companies.

3. The Management Committee, may from time to time from amongst its Members or from representatives of other Members of the Association, form such sub- committees or representative committees as it may deem necessary or expedient and may depute or refer to them such powers and duties of the Management Committee as the Management Committee may determine. Such sub-committees and representative committees shall conduct their business in accordance with the direction of the Management Committee.

4. The quorum for any Management Committee Meeting shall not be less than five (5), and a decision of the Management Committee at such meeting shall be carried by a simple majority of those present, except in any decision for a recommendation to amend the Articles and Rules of the Constitution and the Code of Ethics and Conduct of the Association whereupon the agreement of at least six (6) Members of the Management Committee present and voting is necessary.

5. 1. The Management Committee shall meet as often as may be necessary but not less than once a month for the despatch of business and for carrying out the objects of the Association.

   2. Notice of Management Committee Meetings shall be given not less than seven (7) days prior to the date of meeting. In matters of urgency the Chairman may convene a Meeting with at least two (2) days Notice.

   3. The Chairman may convene a Meeting of the Management Committee of his own volition and the Honorary Secretary shall convene a Meeting on the request of any three (3) Members of the Management Committee.

   4. The copies of the full minutes of all meetings shall be provided to each Member of the Management Committee.

   5. An extract from the minutes of all meetings shall be circulated to the Members of the Association and Bank Negara Malaysia.

6. A Member of the Management Committee shall cease to be a Member thereof if:-
   1. he ceases to be a director or employee of the Member he is representing.

   2. he resigns on giving notice of not less than one (1) month.

   3. in the case of a member appointed by Bank Negara Malaysia, if such appointment is revoked.

   4. any General Meeting of the Association shall so resolve except that any resolution relating to a Member appointed by Bank Negara Malaysia shall not come into force without approval from Bank Negara Malaysia.

   5. he shall absent himself from three (3) consecutive Management Committee Meetings without leave of the Chairman.

7. Any Member of the Association, who is represented in the Management Committee may in writing, appoint an alternate to its substantive Member in the Management Committee, subject to such appointment being approved by a meeting of the Management Committee. Such alternate Member shall attend any meetings of the Management Committee and shall have the powers and be subject to the Articles and Rules of the Constitution during such meetings he attends in the absence of the substantive Member. No alternate Member shall however attend consecutively three (3) Management Committee Meetings.

1. The Members of the Management Committee shall be elected by ballot at the Annual General Meeting as hereinafter provided. For the purposes of the ballot the Honorary Secretary of the Association shall issue voting papers not less than seven (7) days before the date of the Annual General Meeting for return by Members to the Honorary Secretary at the Annual General Meeting.

2. The voting papers shall be accompanied by a list of nominations previously submitted by Members on forms provided for that purpose. Such forms shall be issued to Members at least twenty-eight (28) days before the Annual General Meeting and shall be returned to the Honorary Secretary within fourteen (14) days of the date of issue.

3. No person whose name has not been so circulated shall be eligible for election. On the return of the voting papers to the Honorary Secretary at the Annual General Meeting, they shall be opened in the presence of those present and the result of the ballot announced.

4. Where a Member’s representative has been elected and served on the Management Committee for two (2) consecutive terms, that Member shall have the option not to nominate a representative for election in the subsequent election of the Management Committee.

1. Chairman
   1. The Chairman shall during his term of office preside at all general meetings of the Management Committee and shall be responsible for the proper conduct of all such meetings;

   2. He shall have the casting vote and shall sign the minutes of each meeting at the time they are approved;

   3. He may ex-officio attend any meetings of any sub-committee duly appointed by the Management Committee.

2. Deputy Chairman

   The Deputy Chairman shall deputise for the Chairman during the latter’s absence.

3. Honorary Secretary
   1. The Honorary Secretary shall be responsible for organising all activities, and work in close collaboration with all other Management Committee Members of the Association;

   2. He shall be the medium of all correspondence with all Members and outside organisations, except in cases where the Management Committee has deputed the task to a sub-committee so appointed;

   3. He shall keep a Minutes Book of General Meetings, and Management Committee Meetings, a Register of Members, a Register of important resolutions, newspaper records and copies of all important correspondence. He shall maintain an up-to-date membership register;

   4. He shall scrutinize all bills and expenditure;

   5. He may ex-officio attend any meetings of any sub-committee duly appointed by the Management Committee.

4. Honorary Treasurer
   1. The Honorary Treasurer shall be the financial officer responsible to receive all dues and monies and issue receipts and make payments;

   2. He shall keep a Subscription Register, Accounts Books, correspondence regarding finance, Defaulters’ and Debtors’ Register and any other books that may be required from time to time.

5. Ordinary Committee Members

   To attend Management Committee Meetings and to perform any other duties that may be required of them.

The Management Committee shall have the powers :-

1. To invest and otherwise deal with the funds of the Association and to incur such expenses as they deem necessary.

2. To appoint for such periods and on such terms as it may think fit, solicitors, secretaries and professional advisers as well as persons in other capacities.

3. To arrange for the accommodation and secretarial and clerical work of the Association and to appoint, remove or replace any directly paid servants, including defining their functions and duties and to fix their remuneration.

4. To hold any movable or immovable property on behalf of the Association.

5. To impose levies for the administration of the Association (with prior approval of Members at General Meetings).

6. To decide on such subjects or matters as are referred to them by Members and which fall within the objects and powers of the Association.

7. To appoint such other Committees or Sub-Committees as may be deemed necessary.

8. To co-opt (without power to vote) representatives of other Members or other interests for the purpose of dealing with particular subjects.

9. To notify breaches of the Constitution or of any Rules, Regulations, Agreements, Code of Ethics and Conduct and Bye-Laws of the Association to the Disciplinary Committee for its appropriate action.

10. To consult with any organization dealing with matters of common interest.

11. To incur such expenditure as may be deemed necessary to ensure the proper functioning of the administration, excluding the purchase of land/premises without the prior approval of Members in General Meeting.

12. To refer to a General Meeting any matters the Management Committee may consider necessary.

13. To form Disciplinary Committees in accordance with Article 19 hereof and to fix the fees, allowances and other charges for the Members of the disciplinary Committee including any related cost and expenses that may be incurred by the Disciplinary Committee in performing its functions.

1. Type of Meetings
   1. Annual General Meetings of the Association shall be held not later than 30th September of each year to consider the Annual Report of the Management Committee, the approval of the Annual accounts, subject to Rule 9 (A) (v) to elect Members of the Management Committee, the appointment of auditors and any other business of which due notice in writing has been given at least seven (7) clear days before the date of the Annual General Meeting.

   2. Special General Meetings of the Association may be convened by the Management Committee when thought desirable or upon the written request of not less than one-fourth (1/4) of the total number of Members of the Association to approve any business in pursuance of the objects of the Association. In the case where such written request was made, if within twenty-one (21) days of receipt of such requisition by the Secretariat, the Management Committee do not proceed to cause a meeting to be held, the requisition may themselves proceed to convene such a meeting, which shall be conducted in accordance with the Articles and Rules of the Constitution.

2. Venue of Meetings

   General Meetings of the Association shall be held in Kuala Lumpur in the Federal Territory or such other venue as the Management Committee shall decide.

3. Notice Of Meetings

   Except as otherwise provided herein notice of any meeting shall be sent to all Members entitled to be present, not less than fourteen (14) days before the date of which it is called and shall specify the time and place and purpose of the Meeting. In case of urgency, the Management Committee may call a Special General Meeting not less than seven (7) days’ notice. In the case of Annual General Meeting copies of the Annual audited accounts of the Association for the previous year shall be sent to all Members together with the notice of meeting.

4. Quorum

   Except as otherwise provided in this Constitution, a quorum for a General Meeting shall be fifty (50) percent of the Members of the Association. Attendance shall be by representatives appointed in accordance with Article 7(C).

5. Attendance at Meetings

   No representative of a Member shall attend Meetings unless his name has been notified to the Honorary Secretary as required by Article 7(C).

6. Agenda and Proposals

   The wording of all proposals shall appear in full in the Notice of any General Meeting at which such proposals will be considered. A subject not appearing on the Agenda may be discussed with a majority agreement of the meeting but no resolution may be taken on any such subject. Except as otherwise provided in this Constitution, a resolution of any General Meeting shall be carried by a simple majority of Members present. Should there be a tie in the votes, the Chairman shall have the casting vote.

   1. The Chairman of the Management Committee for time being shall be Chairman of all General Meetings. In the absence of the Chairman of the Management Committee at any General Meetings, the Deputy Chairman of the Management Committee shall act as Chairman for the purpose of that meeting.

   2. The conduct of all General Meetings shall be at the discretion of the Chairman subject to any rules made in accordance with the provisions of these Articles.

7. Minutes of Meeting

   Minutes of all Meetings of the Association shall be circulated to all Members and Bank Negara Malaysia.

1. Except as otherwise provided in this Constitution, the resolutions at every General Meeting shall be carried by the votes of the majority of those Members present.

2. Every Member shall have one vote upon every motion.

3. Voting shall be by show of hands unless the Chairman otherwise directs or a ballot is requested or is required in accordance with the provisions of these Articles.

1. Names of Members represented at all Meetings of the Association together with those of the Representatives of such Members attending shall be recorded in the Minutes thereof.

2. A record of the number of votes for and against all motions put to vote and of abstentions shall be reflected in the Minutes of all General Meetings except when such voting is by a show of hands.

The decision of the Association taken at a General Meeting or in accordance to Article 17 (A) shall be binding upon all Members.

1. It shall be competent for the Management Committee to submit any proposals other then those specified hereunder, to Members by publication in a circular. Any objection must be submitted to the Honorary Secretary within fourteen (14) days from the date of the circular. If there is no objection the Management Committee shall further notify Members stating the proposals to be a decision of the Association. Any such decision shall then be deemed to be a Resolution Binding. If an objection is received the Management Committee shall further circulate it to Members with an amended proposal or stating the proposal to be a decision of the Association. Any such decision shall then be deemed to be a Resolution Binding and subject to the provision of Article 16. Notwithstanding the foregoing, Members may request that the proposal submitted to a Special General Meeting in accordance with Article 13 (A) (ii) provided such request is submitted to the Honorary Secretary within fourteen (14) days from the date of the original circular.

2. No decision by circulars shall be taken on the following matters:-
   1. Any proposal which Members may in accordance with Article 13 (A) (ii) specifically request to be submitted to a Special General Meeting.

   2. Any proposal to amend these Articles.

1. The funds of the Association shall be invested in such a manner as may be decided from time to time by the Management Committee and shall include:-
   1. Fixed Deposits in licensed Banks,

   2. Fixed Deposits in licensed Borrowing Companies

   3. Authorised assets as approved by Bank Negara Malaysia but shall not include the purchase or sale of immovable property without the prior consent of Members in a General Meeting.

2. The Management Committee shall nominate those persons empowered to sign cheques provided that each cheque shall be signed by at least two (2) of the nominated persons.

3. The Honorary Treasurer may hold petty cash advance not exceeding RM1,000 at any time. Any money in excess of this sum shall within seven (7) days of receipt be deposited in a bank approved by the Management Committee. The Bank Account shall be in the name of the Association.

4. Proper accounts shall be kept by the Honorary Treasurer.

5. Unless already provided for in the approved Annual Budget, no expenditure exceeding RM 5,000.00 on any one item at any one time shall be incurred without the prior sanction of a General Meeting or Members’ approval on a simple majority by circular decision in accordance with Article 17.

6. The financial year of the Association shall end on 30th June.

7. The Management Committee shall fix the scale of levies, fees and other charges to be paid by Members with prior approval of Members at a General Meeting or otherwise in accordance to any Articles herein provided, or the purposes of carrying out the objects of the Association and all such charges shall be collected by the Honorary Secretary or Honorary Treasurer as the case may be.

8. Two (2) persons, who shall not be office-bearers of the Association, shall be appointed, by the Annual General Meeting as Honorary Auditors. They shall hold office for one (1) year and shall offer themselves for re- election.

9. The Auditors shall be required to audit the accounts of the Association for the year, and to prepare a report or certificate for the Annual General Meeting. They may also be required by the Chairman to audit the accounts of the Association for any period within their tenure of office at any date, and to make a report to the Management Committee.

Any alleged breach of the law, in particular the Insurance and/or Takaful Acts Articles and Rules of the Constitution and Code of Ethics and Conduct shall be dealt with by the Disciplinary Committee in accordance with the following:-

1. A Disciplinary Committee shall be formed consisting of five (5) Members of the Association, three (3) Members of which will be from the Management Committee.

2. No Member of the Disciplinary Committee who may be connected in any way in a complaint of a breach shall take part in or be present at any meeting of the Disciplinary Committee when such complaint of a breach is considered.

3. Complaints regarding breaches or alleged breaches shall be investigated by the Disciplinary Committee. The Disciplinary Committee shall have the right to make enquiries of, or require the appearance before them of any party involved in the complaint.

4. The Disciplinary Committee shall have the right to employ a Member of the Malaysian Association of Certified Public Accountants to examine the Books of Accounts of an accused Member or representative and generally to assist them in their investigation of a complaint. Such examination shall be confined only to the matters forming the subject of a complaint.

   The Member’s right to reject a nomination of such Accountant by the Disciplinary Committee shall be limited to two (2) such rejections.

5. A complaint which does not contain essential information or does not give substantial and reasonable grounds of suspicion that a breach has been committed shall be rejected by the Management Committee without further reference to the Disciplinary Committee.

6. F. If a complaint against a Member or Members discloses adequate grounds, the Disciplinary Committee shall institute enquiries forthwith. Any Member addressed by the Disciplinary Committee which shall be by way of A.R. Registered Post/Hand shall reply within fourteen (14) full working days of receipt. If necessary a reminder by A.R. Registered Post/Hand shall be sent. On the expiry of that term failure to reply thereto by A.R. Registered Post/Hand within a further period of seven (7) days of the delivery thereof the Disciplinary Committee shall be entitled to proceed to deal with the complaint.

7. If a signed complaint discloses adequate grounds for enquiry, the Management Committee may issue a circular calling for essential information to Members and a reply sought within fourteen (14) full working days.

8. Should a Member interested in an insurance transaction which is the subject of an enquiry circular issued under Article 19 (G), reply to the effect that it is not so interested, such denial shall be deemed and considered as a breach independently of the complaint which gave rise to the enquiry and shall be dealt with as provided.

9. When a breach is admitted the Disciplinary Committee shall decide the appropriate penalty.

10. When a complaint is not admitted, the Disciplinary Committee shall after Investigation into the complaint or alleged breach and after establishing a prima facie case, summon, in writing, the officer or the representative of the Member complained against or otherwise alleged to have committed the breach to appear before it at a meeting. When the complainant is another officer of the Member or another Member, the Disciplinary Committee shall likewise, summon the complainant or the representative of the Complainant Member to be present. In both cases, the summons shall state the purpose, date and time of the meeting. Should any party to the proceedings, under this rule be absent without adequate reason from the meeting of the Disciplinary Committee to which they have been summoned, the Disciplinary Committee shall proceed to deal with the matter ex-parte and the absent Member shall not have the right to have the matter reconsidered except as provided for in Article 19 (M).

11. When a breach is admitted or when the Disciplinary Committee, having acted in accordance with Article 19(J), is able to establish that a breach has been committed, the Disciplinary Committee shall recommend to the Management Committee any of the following penalties or a combination thereof:-
    1. immediate correction of the irregularity

    2. imposition of fines ( in addition to immediate correction of the irregularities) on the following scale to be paid into the funds of the Association:-
       1. For the first breach a fine not exceeding RM 10,000.00;

       2. For the second breach a fine not exceeding RM 25,000.00 but not less than RM 10,000.00;

       3. For the third breach a fine not exceeding RM 50,000.00 but not less than RM 25,000.00.

       The matter shall also be referred to Bank Negara Malaysia for their information.

12. For each and every breach, the Disciplinary Committee may make a recommendation to the Management Committee that the Chairman of the Board of Directors of a contravening Member be advised that disciplinary Action be taken by the Chairman of the Board of Directors in addition to whatever penalties may be imposed. The fact that this has been so reported shall be set in the Association’s Minutes and the disciplinary action taken by that Chairman shall, in all cases, be notified to the Association in writing within thirty (30) days of the notification of the recommendation. Provided that where the Disciplinary Committee is satisfied that the breach was unintentional and the result of a genuine error, it shall be competent for the Management Committee to waive the correction of the irregularity if so required by the Committee.

13. If a Member is dissatisfied with the decision of the Disciplinary Committee, the Member may within fourteen (14) days of being served with a copy of the Disciplinary Committee’s decision request, in writing, for an Appeals Board to be formed to review the decision.

    The Appeals Board shall consist of:-

    1. The Chairman or Deputy Chairman, and in the event both of these Officers are unable to sit under the provisions of Article 19(B), the Management Committee shall nominate from amongst the Members a representative to the Appeals Board.

    2. One Representative each from the Malaysian Bar Council and the Malaysian Association of Certified Public Accountants, both of whom have had at least seven (7) years of practice in their respective professions.

    3. The Chairman shall be elected from amongst themselves.

    No Member who is concerned in any disciplinary proceeding herein by reason of being the complainant therein or the party against whom the disciplinary proceeding has been instituted shall sit in the Appeals Board.

    Any fees and/or incidental expenditure incurred as a result of the engagement of the services of any professional person or persons shall:-

    1. in the case of the Member being found in breach, be met by the Member concerned;

    2. in all other cases be met by the Association.

14. Any penalties imposed by the Disciplinary Committee shall be published to all Members together with the nameof the offending Member or Members and their representatives. Provided always that action taken by the Disciplinary Committee and the name of the Member or Members and their representatives shall not be published in the case where the Disciplinary Committee has decided to impose no penalty in accordance with the Proviso to Article 19 (L).

15. Failure of the penalized Member to comply with the penalties imposed by the Disciplinary Committee and provided no appeal to the Appeals Board is pending, must be reported to the General Meeting of the Association which shall decide on the action to be taken.

1. Any Member whose license as an insurance and/or takaful broker has been revoked in accordance with the provisions of the Insurance Act 1996 and/or Takaful Act 1984 has ceased to carry on insurance and/or takaful broking businesses within Malaysia shall automatically cease to be a Member from the date of such revocation of licence or from the date it first ceased to carry on insurance/ broking businesses. The Member’s name shall thereupon be struck off the Register of Members.

2. Notwithstanding subsection (A), any Member who has both a takaful and insurance broking licence, shall continue to be a Member if only the insurance or takaful broking licence has been revoked or if it has ceased to carry on insurance or takaful broking business within Malaysia.

3. A Member who ceases to be a Member shall notwithstanding its cessation as a Member, be liable to pay:-
   1. any subscriptions or levies called for by the Association up to and inclusive of the date of his cessation as a Member; and

   2. any levies called subsequently which relate to expenditure incurred prior to its cessation as a Member.

All meetings and proceedings thereat and all publications and circulars of the Association shall be private and confidential.

Unless authorized by the Management Committee, no Member or any servant or employee of a Member or of the Association shall have any communication with any official or semi-official Public Body or with the Press or Public in particular or in general except on matters of the Member’s own normal business, and it shall be a breach of these Articles to make any communication, verbal or otherwise, to any of the abovementioned bodies or the public on matters of policy or fact unless required by law.

The Members of the Management Committee, Sub-Committees and any other duly constituted representative committees in the performance of their duties as such shall, at all times, be indemnified out of the funds, property or assets of the Association against the consequence of the performance of any act, deed, matter or thing done or omitted to be done by the aforesaid Committees in respect of or in connection with the business of the Association provided always that any such action or omission has been undertaken reasonably in the interest of, and authorized by the Association. In the event such funds, property and assets are not sufficient indemnity for the purpose, then all Members of the Association shall be responsible to the aforesaid Committee, and shall be liable to make good any deficiency that may be ascertained.

1. The Funds of the Association shall not be used to pay the fines of Members who have been convicted in Court.

2. The Association shall not attempt to engage in Trade Union activity as defined in the relevant legislation applicable to Trade Unions in Malaysia.

3. Gambling of any kind as the playing of “paikow” or “majong” whether for stakes or not, is forbidden in the Association’s premises. The introduction of materials for gambling or opium smoking and/or bad characters into the premises is prohibited.

4. The Association shall not hold any lottery, whether confined to its Members or not, in the name of the Association or its Committees.

5. The Association shall be allowed to have affiliations or connections outside Malaysia.

1. Three (3) Trustees, who must be over 21 years of age, shall be appointed at the Annual General Meeting and shall hold office at the pleasure of the Association. All immovable property whatsoever belonging to the Association shall be vested in them upon execution of a Trust Deed.

2. The Trustees shall not sell, withdraw or transfer any of the property of the Association without the consent and authority of a General Meeting of Members.

3. A Trustee may be removed from office by the General Meeting on the Grounds that, owing to ill health, unsoundness of mind, absence from the country or for any other reason, he is unable to perform duties or unable to do so satisfactorily. In the event of death, resignation or removal of a Trustee before the Annual General Meeting the vacancy shall be filled by a new Trustee appointed at a General Meeting.

1. These Articles may not be added to, repealed or amended by resolution at any General Meeting unless there is a quorum of seventy five (75) percent of the Members and unless the Resolution is carried by a majority of three-fourths (3/4) of the Members present and voting at the meeting.

2. Any amendments to these articles shall be forwarded to the Registrar of Societies within sixty (60) days of being passed by the General Meeting.

   The amendments shall not come into force without the prior consent of Bank Negara Malaysia and the prior approval of the Registrar of Societies.

3. Where for the purpose of the promotion of insurance and/or takaful broking businesses, Bank Negara Malaysia may direct any amendments to the Articles and Rules of the Association, and the Association shall cause the amendments to be effected on such date as Bank Negara Malaysia may approve.

The Logo of the Association shall be ‘‘MITBA” in white colour on red background.

1. The Association shall not be dissolved, except in accordance with the provisions of the law and with the consent of not less than three-fifth (3/5) of the total ordinary membership of the Association expressed, at a General Meeting convened for the purpose.

2. In the event of the Association being dissolved as provided above, all debts and liabilities legally incurred on behalf of the Association shall be fully discharged, and the remaining funds shall be disposed off in such a manner as may be decided upon by the General Meeting.

3. Notice of dissolution shall be given within fourteen (14) days of the dissolution to the Registrar of Societies.