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Malaysia Legislation


P.U.(A) 359/98
DIGITAL SIGNATURE REGULATIONS 1998

PART IV - SUITABLE GUARANTEES AND CLAIMS



Regulation 25. Collection on suitable guarantee.

(1) Notwithstanding any provision in the suitable guarantee to the contrary, a person may recover from the issuer of the suitable guarantee the full amount of a qualified right to payment against the person named in the suitable guarantee, or, if there is more than one such qualified right to payment during the term of the suitable guarantee, a rateable share, up to a maximum total liability of the issuer of the suitable guarantee equal to the amount of the suitable guarantee.

(2) Claimants may recover successively on the same suitable guarantee, provided that the total liability on the suitable guarantee to all persons making qualified rights of payment during its term shall not exceed the amount of the suitable guarantee.

(3) In addition to recovering the amount of a qualified right to payment, a claimant may recover from the proceeds of the suitable guarantee, until depleted, legal fees, reasonable in amount, and court costs incurred by the claimant in collecting the claim, provided that the total liability on the suitable guarantee to all persons making qualified rights of payment or recovering legal fees or court costs during its term shall not exceed the amount of the suitable guarantee.