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Cimb Bank Berhad (13491-P) Declarations

This document outlines the terms and conditions for CIMB Bank Berhad's fixed deposit accounts. It details 10 declarations made by account holders regarding account usage and compliance with bank rules. It also summarizes policies for deposit placement, withdrawal, renewal, and unauthorized disclosure of customer information.

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0% found this document useful (0 votes)
407 views8 pages

Cimb Bank Berhad (13491-P) Declarations

This document outlines the terms and conditions for CIMB Bank Berhad's fixed deposit accounts. It details 10 declarations made by account holders regarding account usage and compliance with bank rules. It also summarizes policies for deposit placement, withdrawal, renewal, and unauthorized disclosure of customer information.

Uploaded by

faeez zain
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CIMB BANK BERHAD (13491-P)

Declarations
1. I declare that the above information is correct.
2. I declare that I have received, read and understood the Bank's Rule and/or Terms and Conditions governing the operation and/or
conduct of the account, and agree to comply with and be bound by the same and any amendments to the same which the Bank
may subsequently introduce from time to time upon giving adequate prior notice to me.
3. I have not committed any act of bankruptcy at the time the account is opened.
4. I shall comply with all the Bank's requirements of opening the account and understand that the Bank's opening of the account shall
be subjected to the Bank performing any necessary verification. The Bank reserves the right to close my account at its absolute
discretion without giving any reasons if my account does not comply with the Bank's requirements.
5. I confirm that the Bank is authorized to verify and/or make any checks and/or obtain any information and/or confirmation at any time
now and/or in the future, with or from any source, previous, current and future employers and/or any credit reference/reporting
agencies, including but not limited to CCRIS, CTOS, FIS and/or any other agencies and/or from any financial institution and to
provide to such aforesaid party(s) with the required information requested to enable the Bank to ascertain my status for the
consideration of the application and thereafter if the application is approved for the purposes of grant and/or continued maintenance
of the account; and/or any purpose related to or in connection with the account applied for; and/or for any other purpose that is
required or permitted by any law, regulations, guidelines and/or relevant regulatory authorities.
6. I agree to examine the Statement of Account sent to me and notify the Bank of any errors, irregularities and /or discrepancies in the
said Statement if of Account and also notify the Bank if I fail to receive such Statement of Account.
7. I confirm that my account shall only be used for my personal non-business purposes (such as savings, investment, education and
personal or living expenses). I undertake to open, maintain or establish a separate business or non-personal account for business,
association, society, or trading purposes.
8. Anti-Money Laundering (AMLA) – I assure the Bank that I will exercise due care not to facilitate funds from proceeds of any unlawful
activity to be channeled through my account(s) with the Bank and undertake to provide the Bank with all relevant information and
documents, as and when requested, for purposes of my identification and/or verification of the source of my funds or purpose of
transaction under the “Know Your Client” principle.
9. I understand that partial withdrawal of eFD (online placement(s) of fixed deposit via CIMB Clicks) before maturity is not permitted
and any upliftment before maturity will not earn any interest.
10. Subject to the provisions below which (i) prohibit disclosure of information to Group Companies if objected to by me; and (ii) require
my express consent for disclosure of information to third parties for the stated purposes, I hereby agree and authorize the Bank to
disclose to any of its agents, service providers, auditors, legal counsel, professional advisors, security providers and guarantors in
or outside Malaysia and to companies within the group of the Bank as well as companies within the group of CIMB Group Holdings
Berhad, the Bank’s ultimate holding company (“the Group Companies”) whether such Group Companies are residing, situated,
carrying on business, incorporated or constituted within or outside Malaysia any information relating to me, my affairs and/or any
accounts maintained by me with the Bank for facilitating the business, operations, facilities and services of or granted or provided
by the Bank and/or the Group Companies to their customers.

Disclosure to Group Companies shall be for facilitating the operations, businesses, cross-selling and other purposes of the Bank
and/or the Group Companies provided always that disclosure for cross selling purposes shall not be effected if such
disclosure is objected by me by contacting the Bank at the following telephone number or address (which may be changed by the
Bank from time to time by notice to me): 19th Floor, Menara Bumiputra Commerce, 11 Jalan Raja Laut, 50350 Kuala Lumpur, Tel
No:+603 6204 7788.

Further, where the Bank intends to share my account information (excluding information relating to my affairs or account) with third
parties for strategic alliances, marketing and promotional purposes, the Bank shall ensure that my consent has been obtained.

(RD/T&C/FD/ENG/AUG2018) Page 1 of 8
CIMB BANK BERHAD (13491-P)

and/or subject to such proof of identity as the Bank may


TERMS AND CONDITIONS require.
FIXED DEPOSIT ACCOUNT
Eligible for protection by PIDM 4.2 For upliftment of FD, the original or duplicate FD Receipt must
be presented and duly signed by the authorized signatories
1. GENERAL as per account holder’s signature registered with the Bank. (If
the original FD Receipt [which was reported lost] is produced,
1.1 Applications to open a Fixed Deposit (FD) Account shall be the account holder must still present the duplicate FD
made in the forms provided by the Bank. Receipt).

1.2 The acceptance and continuance of the FD Account will be This does not apply to upliftment of statement-based FDs
entirely at the discretion of the Bank. issued with acknowledgement slips.

1.3 The applicant shall comply with all the Bank’s requirements to 4.3 Upliftment of the FD can only be made at the branch of the
open the FD Account. The specimen signature(s) of the Bank where the FD is maintained.
authorized signatory shall also be furnished to the Bank.
4.4 Withdrawal of amounts from the FD Account from time to time
1.4 The Bank reserves the right to require the production of before the maturity date is permitted in such prescribed
identity card or passport for the purpose of identification for amounts which may be stipulated by the Bank from time to
any FD transaction. time.

1.5 Any forms or receipts signed by the account holder and any 4.5 For upliftment of the FD at maturity, the upliftment shall be in
transactions electronically confirmed, validated and or accordance with the terms and/or conditions of the mandate
effected by the account holder in relation to any transaction or given to the Bank by the account holder.
matter under the FD Account before, during or after the
transaction or matter is carried out (‘the above transactions’)
shall be deemed final conclusive and binding on the account 5. RENEWAL / ROLLOVER
holder.
5.1 The account holder must give instructions for the
Not in derogation of the generality of the foregoing the account renewal/rollover at the time of placement of the FD or at any
holder further agrees that the Bank’s books and or records time before maturity. In the absence of such renewal/rollover
evidencing the above transactions shall also be deemed as instructions, subject to Clause 5.2, the FD will be
final, conclusive an binding on the account holder. automatically renewed on the date or each date of maturity.

5.2 Under the prevailing Unclaimed Monies Act, 1965, any


2. PLACEMENT OF DEPOSITS monies classified as unclaimed monies i.e. balances in
accounts not operated for 7 years or more, shall be
2.1 The Bank reserves the right to stipulate and change from time transferred to the Registrar of Unclaimed Moneys (“the
to time, the minimum deposit required for opening a FD RUM”). The Bank shall at its own cost notify the account
Account as well as prescribed amounts which may be holder regarding any impending dormancy and transfer of
deposited to open a FD Account. monies maintained under the FD Account to the RUM. Such
notification shall be given by the Bank within a reasonable
2.2 The acknowledgement slips issued for placements and time prior to the FD Account becoming dormant and a further
renewals for statement-based FDs are to serve as evidence notification of at least 21 calendar days shall also be given by
of placement of deposits or renewals and are not documents the Bank to the account holder before monies maintained
of title. under the FD Account are transferred to the RUM.

5.3 The Bank at its own cost and upon the request of the account
3. INTEREST RATE / INTEREST PAYMENT holder shall also inform the account holder regarding the
procedures involved for claiming monies maintained under
3.1 Interest at such rates as the Bank may specify shall be paid the FD Account which had been remitted by the Bank to the
on the FD Account, in accordance with the prevailing practice RUM.
of the Bank. In the event of change of deposit rates by the
Bank, notification of such change shall be prominently
displayed at the Bank’s banking halls and websites. 6. WITHHOLDING TAX

3.2 Early upliftment and/or withdrawal of amounts and/or partial Withholding Tax, wherever applicable, at the prescribed rate
withdrawal in the FD Account in such prescribed amounts shall be deducted for all interest payments.
stipulated by the Bank i.e. upliftment and/or withdrawal of
amounts and/or partial withdrawal from the FD Account before
maturity date is allowed but payment of interest shall be 7. LOSS OF FD RECEIPT
reduced, adjusted or forfeited in accordance with the
prevailing practice of the Bank as stipulated in the website of 7.1 The account holder is to keep the FD Receipt safely and is
the Bank from time to time, at the time of upliftment and/or required to immediately report, in writing, its loss, theft or
withdrawal of amounts from the FD Account. destruction to the Bank.

7.2 The Duplicate FD Receipt may be issued against a duly


4. UPLIFTMENT OF FIXED DEPOSIT (FD) signed and stamped Letter of Indemnity and payment of a
service fee. In the case of Joint Accounts, instructions to issue
4.1 Any upliftment of FD may be subject to such requirements of the Duplicate FD Receipt and the Letter of Indemnity must be
the Bank and/or subject to the prevailing practice of the Bank, signed by all the Joint Account holders.

(RD/T&C/FD/ENG/AUG2018) Page 2 of 8
CIMB BANK BERHAD (13491-P)

This does not apply to statement-based FDs issued with incurred to the Bank by any one or more of the joint account
acknowledgement slips. holders and or by any one or more of the joint account holders
with any other persons and whether the said indebtedness
incurred to the Bank are actual, contingent, primary, collateral,
8. CLOSURE OF ACCOUNT several, joint, incurred in the capacity as borrower and or
surety and or indemnitor and or security provider; (b) the
8.1 When the account holder uplifts the entire FD in the FD Bank had been notified that the account holder and or any
Account or withdraws the entire balance in the FD Account, one or more of the joint account holders had committed an
the FD Account will be considered closed. act of bankruptcy and or a bankruptcy notice and or petition
for bankruptcy or winding up had been filed against the
8.2 The account holder agrees that the Bank reserves the right to account holder and or any one or more of the joint account
uplift the FD and close the FD Account at the absolute holders; (c) the Bank had been notified that the account
discretion of the Bank without the necessity to give any holder or any one or more of the joint account holders had
reason, by giving adequate notice to the account holder. The been declared as a bankrupt or wound up; (d) the Bank had
Bank shall not be responsible for any loss including but not been notified of the death of the account holder or the death
limited to loss of interest as a result of the upliftment of the FD of any one or more of the joint account holders.
and the closure of the FD Account by the Bank as aforesaid.
10.3 The account holder irrevocably authorizes the Bank to debit at
8.3 The account holder shall comply with all the Bank’s any time the FD Account after giving seven (7) days prior
requirements, if any, for the closure of the account. notice, any sum that has been credited into the FD Account
which was caused by or due to and/or arising out of the
9. JOINT ACCOUNTS (Applicable to Joint Accounts in the following:
names of two or more persons).
i. payments made, transferred or credited into the FD
9.1 All agreements, obligations, powers, authorities and liabilities Account by virtue of the Bank’s error and or by virtue of
herein contained in these Terms and Conditions shall be the claim of any third parties that the relevant amount
deemed to be joint and several. The Bank shall discharge its had been mistakenly paid by the third party into the FD
obligation by notifying any person named in the joint account. Account and or by virtue of the claim of the third party
that he or she had been deceived , defrauded or misled
9.2 The joint account holders shall jointly and severally undertake into making the payment into the FD Account and or by
to indemnify and hold the Bank harmless against losses, virtue of any of the Bank’s operational and or systems
claims, demands, proceedings, costs, expenses and other errors or malfunctioning and or any other causes which
liabilities whatsoever and whenever incurred arising from any is or are beyond the Bank’s reasonable control;
authorization issued by any of the joint account holders.
ii. cheques and or any other money instruments which
9.3 In the event of death, bankruptcy or insanity of any of the joint were subsequently dishonoured due to whatsoever
account holders, any credit balance in the joint account may reasons and where the proceeds of these cheques and
be paid to the survivor(s) subject to compliance (if required) or money instruments were credited by the Bank into the
with the Estate Duty Enactment or any other legislation of a FD Account earlier;
similar nature.
iii. sums credited into the FD Account as a result of any
suspicion of any tampered instrument/ instructions/
10. RIGHT OF SET-OFF AND RIGHT OF DEBIT fraudulent transaction, whether with or without the
account holder’s involvement;
10.1 The Bank reserves the right to issue a 7 calendar days
notification to the account holder to combine, consolidate the iv. payments under the FD Account which are requested to
FD Account and any other accounts of the account holder be paid by Bank Negara Malaysia and or the Police
maintained with the Bank ( ‘the Accounts’ ) and or set off and authorities or any other authorities pursuant to any
or transfer any credit balance in the Accounts and or credit applicable law in force from time to time;
balance of any one or more FDs on or before the maturity of
the FDs in or towards satisfaction of any of the account
holder’s liabilities to the Bank, whether such liabilities to the 10.4 In addition to the authorization under Clause 10.3, the account
Bank are actual, contingent, primary, collateral, several, joint, holder irrevocably authorizes the Bank to debit the FD
incurred in the capacity as a borrower and or surety and or Account upon the upliftment of the FD Account by the account
indemnitor and or security provider, or in other currencies ( holder and or on the maturity of the FD Account, whichever
‘the Indebtedness’ ). Pending the Bank effecting the said set shall be the earlier, for the purpose of effecting payment,
off, the Bank shall have the right to withhold and or suspend repayment and or reimbursement to the Bank under or arising
payment of any monies from the credit balance of the out of the following provided always that a seven (7) days prior
Accounts and or any FDs. In the event of the account holder notice must have been given by the Bank to the account
failing to fully settle the Indebtedness with the Bank upon the holder;
expiry of the said 7 calendar days notification, the Bank shall
be entitled to set off the entire credit balance of the Accounts i. fees, costs, expenses, charges payable in relation to the
and or any one or more or all of the FDs or up to the amount FD Account pursuant to the terms herein and or
of the Indebtedness for partial or full settlement of the howsoever incurred and or charged by the Bank in
Indebtedness ( as the case may be). relation to any services provided by the Bank to the
account holder;
10.2 For avoidance of doubt, the account holder agrees that the
Bank’s right of withholding or suspension of payment and or ii. taxes (including, without limitation, goods and services
set off are applicable to and can be exercised by the Bank tax), stamp duty and any other levies or charges which
where or in respect of (a) joint FD Account and or any other are imposed by the government and payable by the
joint accounts of the account holders where the credit account holder in respect of the Account and or any
balance thereof are being utilized to set off indebtedness

(RD/T&C/FD/ENG/AUG2018) Page 3 of 8
CIMB BANK BERHAD (13491-P)

other services or facilities provided by the Bank to or for 11.2 The account holder further agrees that all funds, monies,
the benefit of the account holder; securities and other whatsoever valuables and properties
belonging to the account holder and deposited with the Bank
iii. loss and or damage howsoever suffered or incurred by under the FD Account and or any other accounts of the
the Bank in carrying out any requests and instructions account holder (' the properties ') shall automatically become
of the account holder and or in providing the services in security to the Bank and the Bank shall be entitled to (i) set-
relation to the FD Account as provided in the terms off and or debit any monies comprised in the properties for the
herein; purpose of effecting payment of any liabilities incurred by the
account holder to the Bank as provided under the provision of
iv. amounts arising from any indemnities and or guarantees Clause 10 herein (ii) retain or withhold the properties until the
given by the account holder in favour of the Bank in account holder's liabilities to the Bank provided herein are fully
relation to the provision of any services and facilities by settled with the Bank.
the Bank to the account holder pursuant to the terms
herein;
12. CHANGE IN PARTICULARS
v. legal fees , disbursement expenses and costs ( on a
solicitor- client and full indemnity basis ) incurred by the 12.1 Any change of the account holder’s e-mail address(es) and or
Bank in relation to any: mailing address(es) and or telephone number(s) and or
signature and or other particulars recorded with the Bank shall
a. recovery of any indebtedness under any facilities be notified to the Bank in writing.
or loans granted by the Bank to the account
holder; 12.2 All communication sent by the Bank by electronic mail and or
short messaging service (SMS) and or by post to or left at the
b. garnishee proceedings filed and served on the account holder’s address last registered with the Bank, shall
Bank and where the Bank is named as a be deemed as delivered to and received by the account
garnishee in respect of the FD Account and or holder.
any other accounts of the account holder
maintained with the Bank;
13. GOVERNING LAW
c. interpleader or any other court proceedings filed
by the Bank in respect of the FD Account and or These Terms & Conditions on FD Accounts shall be subject
any other accounts of the account holder to, governed by and construed in accordance with laws of
maintained with the Bank; Malaysia and the rules, regulations and guidelines of Bank
Negara Malaysia and other relevant regulatory bodies to
d. injunction or any other court proceedings initiated which the Bank is subject.
against the FD Account and or any other
accounts of the account holder maintained with
the Bank , whether or not the Bank is named as 14. INSTRUCTIONS
a party; and
Any instructions from the account holder to the Bank in
e. legal proceedings filed against the Bank by the respect of the account shall be in writing, and signed by the
account holder or any other party involving the account holder. Any such instructions shall be effective only
FD Account and or any other accounts of the upon receipt by the Bank.
account holder maintained with the Bank and
where the Bank is successful in its defence of the
said legal proceedings 15. BANKING CHARGES
; and
The account holder agrees that the Bank shall be entitled to
vi. advance payments paid to the account holder and or impose fees and charges for any of its services provided to
any third party under any arrangement entered into the account holder, in accordance with the prevailing practice
between the Bank and the account holder and or under of the Bank. Such applicable prevailing fees and charges shall
any facility granted by the Bank to the account holder. be displayed at the Bank’s banking hall and websites. Such
fees and charges (including but not limited to service tax or
10.5 Pending the debit of the FD Account and or the upliftment of GST) shall be borne by the account holder. In the event of any
the FDs pursuant to Clause 10.3 and 10.4, the Bank shall have change in fees and charges applicable to the Account,
the right to withhold and or suspend payment of any monies notification of such change shall be communicated to the
from the credit balance of the FD Account: account holder at least 21 calendar days prior to the effective
date of change. Such notification shall be communicated to
the account holder in writing or electronically or via
11. LIMITATION OF LIABILITY advertisement displayed at the Bank’s banking halls and
websites. All such fees and charges may be debited from any
11.1 The Bank shall not be responsible for and the account holder account that the account holder maintains with the Bank.
shall fully indemnify the Bank and hold the Bank harmless
against all losses, costs, expenses, taxes (including without
limitation GST) or duties which may be incurred by the account 16. STATEMENT OF ACCOUNT
holder or the Bank in connection with any or all of the accounts
whatsoever or the Bank’s execution of any instructions 16.1 A monthly account statement listing out individual FDs and
(notwithstanding such instructions may be fraudulent or their related transaction details at a particular branch will be
unauthorized) or if any of the account holder’s accounts or any issued by the Bank and made available online via CIMB Clicks
part thereof is reduced or frozen by any government or official and/or sent by post to the account holder, listing out the
authority. transactions during the period. Request by the account holder
for additional account statements (in hard copy) shall be

(RD/T&C/FD/ENG/AUG2018) Page 4 of 8
CIMB BANK BERHAD (13491-P)

subject to the applicable service charge in respect of holder’s affairs or account) with third parties for strategic
reproduction of statements for the period up to 1 year; . alliances, marketing and promotional purposes, the Bank
shall ensure that consent from the account holder has been
16.2 The account holder is required to review the transactions obtained.
recorded in the transaction history or statement made
available online and/or the monthly account statement and 18.2 The account holder hereby agrees and expressly authorizes
notify the Bank of any errors, irregularities, discrepancies, and invites the Bank's employees, independent contractor,
claims or unauthorized debits or items. If the account holder representatives and/or agents to contact the account holder
fails to inform the Bank of the non-receipt of the statement and from time to time through personal visits or oral
obtain the said statement or does not notify the Bank of any communication effected via any means of communication
errors, discrepancies, claims or unauthorized debits or items including but not limited to telephone calls regarding any
in the transaction history or statement made available online promotion.
and/or the monthly account statement within 14 days from the
date of posting of the transaction online or the date of the 18.3 Not in derogation of the foregoing and based on existing
statement, as the case may be, the account holder shall be mailing address (es) , e-mail address (es) , telephone
deemed to have conclusively accepted all the entries number(s) and or any other contact particulars of the account
contained in the statement made available online and/or holder deposited or recorded with the Bank, the Bank is
monthly statement, as the case may be, as true and accurate hereby irrevocably authorized ( but not obliged ) to contact
in all respects. and / or notify the account holder by post and or electronic
mail and or telephone and or short messaging service (
16.3 The Bank may not issue and or make available the account SMS ) and or courier service and or any other mode of
statement if the FD Account is dormant or inactive for a period communication selected by the Bank at its sole discretion.
as determined by the Bank. The Bank may also discontinue Information or notification so sent by the Bank shall comprise
issuing and/or making available the account statements if the of such information or notification which the Bank deems
statement is unclaimed or undeliverable for any reason. appropriate or necessary and may include but not limited to
any information in relation to the FD Account and or any
information relating to any services, benefits, promotions,
17. NO ASSIGNMENT programmes of the Bank and or of any other party held jointly
or in conjunction with the Bank.
The account holder may not without the written consent of the
Bank assign and or create any security interest over the rights,
titles, benefits and interests of the FD Account including but 19. RESERVATION OF RIGHTS
not limited to all monies maintained there under in favour of
any person save and except that the same can be assigned The Bank reserves the right upon giving adequate notice to
and or created in favour of the Bank. add, delete or amend any of the provisions stated herein at
any time. Any variations, additions, deletions or amendments
(“the Amendment”) to the provisions herein shall be binding
18. DISCLOSURE OF INFORMATION on the account holder and the Bank is deemed to have
brought to the attention of the account holder by: (i) its display
18.1 Subject to the provisions below which (i) prohibit disclosure at the Bank’s premises and website regarding the
of information to Group Companies if objected to by the Amendment where detail provisions regarding the
account holder; and (ii) require the account holder’s express Amendment may be provided in the notice itself or may be
consent for disclosure of information to third parties for the provided to the account holder upon request; or (ii) by a notice
stated purposes, the account holder hereby agrees and being sent by the Bank to the account holder’s last known
authorises the Bank to disclose to any of its agents, service address; or (iii) advertised in one newspaper of the Bank’s
providers, auditors, legal counsel, professional advisors, choice; or (iv) via electronic mail or by any other means of
security providers and guarantors in or outside Malaysia and notification which the Bank may select and the Amendment
to companies within the group of the Bank as well as shall be deemed binding on the account holder as from the
companies within the group of CIMB Group Holdings Berhad, date of notification of the Amendment or from such other date
the Bank's ultimate holding company ("the Group as may be specified by the Bank in the notification.
Companies") whether such Group Companies are residing,
situated, carrying on business, incorporated or constituted
within or outside Malaysia any information relating to the 20. FREEZING OF FD ACCOUNT
account holder, the account holder’s affairs and/or any
accounts maintained by the account holder with the Bank for 20.1 Without prejudice to and not in derogation of any other rights
facilitating the business, operations, facilities and services of which the Bank may exercise to freeze the FD Account at
or granted or provided by the Bank and/ or the Group any time pursuant to or by virtue of any laws , court orders ,
Companies to their customers. regulations and or enactments the Bank shall be entitled at
any time, at its sole and absolute discretion and without any
Disclosure to Group Companies shall be for facilitating the prior notice to the account holder to refrain from effecting or
operations, businesses, cross-selling and other purposes of carrying out any instruction or transaction under the FD
the Bank and/ or the Group Companies provided always that Account including but not limited to any one or more or all of
disclosure for cross selling purposes shall not be the following (a) payment of any monies under or out of the
effected if such disclosure is objected by the account FD Account; (b) the acceptance of any monies or deposits or
holder by contacting the Bank at the following telephone cheques or any other instruments for collection and or for
number or address (which may be changed by the Bank from credit into the FD Account (“Freezing of the FD Account”)
time to time by notice to the account holder): 19 th Floor, upon the occurrence of any one of the following events:-
Menara Bumiputra Commerce, 11 Jalan Raja Laut, 50350
Kuala Lumpur, Tel No: +603 6204 7788. (a) the Bank being notified that the account holder has
committed an act of bankruptcy and/or a bankruptcy
Further, where the Bank intends to share the account holder’s notice and/or a petition for winding up and/ or a creditor’s
information (excluding information relating to the account petition for bankruptcy as the case may be has been
(RD/T&C/FD/ENG/AUG2018) Page 5 of 8
CIMB BANK BERHAD (13491-P)

filed or presented against the account holder (“the and party to party costs) which may be made against the Bank
account holder’s insolvency matters”); by any other person.

(b) In relation to the FD Account which is maintained by a 20.4 The account holder further agrees that should the Bank be
partnership or a company or an association or a sued or be made a party in any suit arising out of the Bank’s
statutory body upon the Bank receiving any opposing action in Freezing of the FD Account herein or should the
or adverse or conflicting claims or instructions relating Bank before or after the Freezing of the FD Account
to the mandate of operation of the FD Account and or commence any suit including but not limited to any
payment of any monies out of the FD Account from any interpleader proceedings against any party including the
partners or directors or office bearers or executive account holder for any appropriate relief or declaration to be
committee members or from any persons alleging to be made by any court, all penalties losses damages claims
partners or directors or office bearers or executive expenses charges and costs (legal or otherwise including
committee members of the partnership or the company costs on a solicitors and client basis and party to party costs )
or the association or the statutory body as the case may which may be awarded by the court against the Bank or which
be which maintains the FD Account (“the account holder the Bank may incur shall be fully indemnified by the account
’s internal dispute”); holder.

(c) the Bank being notified and requested by any authority,20.5 In so acting pursuant to any terms, conditions and provisions
including but not limited to Bank Negara Malaysia, the herein the account holder agrees that the Bank shall not be
Royal Malaysia Police, the Government of Malaysia or held liable or responsible for any losses, damages, expenses
any other statutory or governmental authorities (“the or costs whatsoever which may be claimed against the Bank
relevant authorities”) to refrain from performing any on the grounds that the Bank has not been fixed with
transaction under the FD Account as abovementioned notification of the relevant events mentioned in Clause 20.1
regardless of whether the relevant authorities have the by reason of the notification being irregular, invalid,
legal or valid authority to so request the Bank erroneous, mistaken, void, not effective or by reason of any
(“directives of the relevant authorities”). other grounds whatsoever. The term account holder wherever
mentioned herein shall mean any one or more or all of the
20.2 The Freezing of the FD Account shall cease or be lifted upon account holder if the account holder is comprised of more than
the occurrence of any of the following events:- one person.

(a) In respect of the account holder’s insolvency matters, it


shall be shown to the satisfaction of the Bank by the 21. PRIVACY CLAUSE (FOR NATURAL PERSONS) Where the
account holder with appropriate evidence that the account holder are individuals (including but not limited
bankruptcy notice or the petition for winding up or the to sole proprietor, partnerships, registered businesses
creditor’s petition for bankruptcy has been validly and associations) this Clause 21 shall apply)
withdrawn by the petitioner or dismissed or struck out by
the court or upon the Bank being served with an 21.1 The account holder hereby confirms that the account holder
appropriate court order sanctioning or ordering the lifting has read, understood and agreed to be bound by the CIMB
of the Freezing of the FD Account; Group Privacy Notice (which is available at
www.cimbbank.com.my and the clauses herein, as may relate
(b) In respect of the account holder’s internal dispute, the to the processing of the account holder’s personal
same has been settled as between all parties concerned information. For the avoidance of doubt, the account holder
and a statement in writing to that effect signed by all agrees that the said Privacy Notice shall be deemed to be
parties concerned has been served on the Bank incorporated by reference into these Terms and Conditions.
requesting for the unconditional lifting of the Freezing of
the FD Account or in the alternative a court order has 21.2 In the event the account holder provides personal and
been served on the Bank sanctioning or ordering the financial information relating to third parties, including
lifting of the Freezing of the FD Account; information relating to the account holder’s next-of-kin and
dependents, for the purpose of opening or operating the
(c) In respect of the directives of the relevant authorities, account holder’s account(s)/facility(ies) with the Bank or
the Bank has been informed in writing by the relevant otherwise subscribing to the Bank’s products and services,
authorities to effect the lifting of the Freezing of the FD the account holder (a) confirm that the account holder has
Account or in the alternative an appropriate court order obtained their consent or are otherwise entitled to provide this
has been served on the Bank sanctioning or ordering information to the Bank and for the Bank to use it in
the lifting of the Freezing of the FD Account. accordance with these terms and conditions; (b) agrees to
ensure that the personal and financial information of the said
third parties is accurate; (c) agrees to update the Bank in
20.3 In freezing the FD Account pursuant to the terms and
writing in the event of any material change to the said personal
conditions herein including any action which may be taken by
and financial information; and (d) agrees to the Bank’s right to
the Bank such as returning any cheques or other instruments
terminate this FD Account should such consent be withdrawn
deposited for collection as provided herein the account holder
by any of the said third parties.
agrees that the Bank shall not be held liable for defamation
and or for breach of contract and or for any losses damages
21.3 Where the account holder instructs the Bank to effect any sort
expenses costs or charges whatsoever which may be claimed
of cross-border transaction (including to make or receive
against the Bank by the account holder or by any other person
payments), the details relevant to the cross-border transaction
based on whatsoever grounds and regardless of whatsoever
(including information relating to those involved in the said
remarks which may be assigned by the Bank for the return. In
transaction) may be received from or sent abroad, where it
connection therewith the account holder further agrees and
could be accessible (whether directly or indirectly) by
undertakes to keep the Bank fully indemnified against any
overseas regulators and authorities in connection with their
claims for damages losses expenses charges and costs (legal
legitimate duties (e.g. the prevention of crime). In instructing
or otherwise including costs on a solicitors and client basis
the Bank and/or our agents to enter into any cross-border
transaction on the account holder’s behalf, the account holder
(RD/T&C/FD/ENG/AUG2018) Page 6 of 8
CIMB BANK BERHAD (13491-P)

agrees to the above said disclosures on behalf of the account related to or associated with the account holder as the Bank
holder and others involved in the said cross-border may deem fit (hereinafter referred to either singly or
transaction. collectively as “Relevant Person”), for the Bank:

21.4 The Bank may at any time and from time to time now and/or (a) to be provided information (inclusive of relevant personal
in the future carry out the necessary reference checks information of the said Relevant Person) as may be
including but not limited to credit reporting/reference checks required by the Bank for processing pursuant to the
with credit reporting/reference agencies, including but not Personal Data Protection Act 2010 including for use in
limited to CCRIS, FIS and/or any other agencies and/or from accordance with these Terms and Conditions and for
any financial institution to enable the Bank to ascertain the the purpose of the grant and continued maintenance of
account holder’s status as may be required to help make the FD Account;
decisions, for example when the Bank needs to (a) check
details on applications for credit and credit-related or other (b) to carry out the necessary reference checks at any time
facilities; (b) manage credit and credit-related accounts or and from time to time now and/or in the future including
facilities, including conducting reviews of the account holder’s but not limited to credit reference/reporting checks with
portfolio(s); recover debts; and/or any purpose related to or in credit reference/reporting agencies, including but not
connection with the account/facility under these Terms and limited to CCRIS, FIS and/or any other agencies and/or
Conditions. The account holder will be linked by credit from any financial institution and to provide to such
reporting/reference agencies to any other names the account aforesaid party(s) with the required information
holder uses or have used, and any joint and several requested to enable the Bank to ascertain the status of
applicants. The Bank may also share information about the the account holder and its Relevant Person as may be
account holder and how the account holder manages the required by the Bank for the purposes of the grant
account holder’s account(s)/facility(ies) with relevant credit and/or continued maintenance of the FD Account;
reporting/ reference agencies. recovery of debts owing under the FD Account; any
purpose related to or in connection with the FD Account
21.5 Even after the account holder has provided the Bank with any under these Terms and Conditions; and/or for any
information, the account holder will have the option to other purposes that is required or permitted by law,
withdraw the consent given earlier. In such instances, the regulations, guidelines and/or relevant regulatory
Bank will have the right to not provide or discontinue the authorities;
provision of any product, service, account(s) and/or
facility(ies) that is/are linked with such information. (c) to disclose the said Relevant Person’s personal
information to the classes of parties described in the
21.6 For the purposes of this Clause 21 and Clause 22, the CIMB CIMB Group Privacy Notice (which is available at
Group consists of CIMB Group Holdings Berhad and all its www.cimbbank.com.my); and
related companies as defined in Section 6 of the Companies
Act 1965 and jointly controlled companies that provide (d) to provide the said Relevant Person with information
financial and other regulated services, excluding companies, on the Bank’s products, banking facilities, services
branches, offices and other forms of presence operating and/or offers (inclusive of the products, services and
outside Malaysia, and the use of the words “the Bank” and offers of entities within the CIMB Group) which may be
“the Bank’s” are to be read as references to the CIMB Group. of interest and/or financial benefit to them,

21.7 The account holder further agrees that the Bank shall not in at the Bank’s sole discretion, without further reference to the
any event be liable for any claim, loss, damage (financial and account holder and/or its Relevant Person.
otherwise), injuries, embarrassments or liability howsoever
arising whether in contract, tort, negligence, strict liability or 22.2 The account holder agrees to undertake the responsibility to
any basis (including direct or indirect, special, incidental, update the Bank in writing should there be any change to the
consequential or punitive damages or loss of profits or personal and financial, credit information relating to the said
savings) arising from any inaccuracy or loss, deletion or Relevant Person. Should the said consent and/or authority be
modification of data or for any other reasons whatsoever subsequently revoked by any of the said Relevant Person, the
relating to any information forwarded by the Bank to such account holder agrees that the Bank shall have the right to
credit reporting/reference agencies and/or such other party, close the FD Account in accordance with Clause 8.2.
as the case may be, or in relation to any access or use, or the
inability to access or use by such credit reporting/reference 22.3 The the account holder further agrees that the Bank shall not
agencies and/or such other party or reliance on the in any event be liable for any claim, loss, damage (financial
information contained therein, whether caused by any and otherwise), injuries, embarrassments or liability
technical, hardware or software failure of any kind, the howsoever arising whether in contract, tort, negligence, strict
interruption, error, omission, delay, viruses or otherwise liability or any basis (including direct or indirect, special,
howsoever. incidental, consequential or punitive damages or loss of
profits or savings) arising from any inaccuracy or loss, deletion
21.8 This clause shall be without prejudice to any other clause in or modification of data or for any other reasons whatsoever
these Terms and Conditions which provides for the disclosure relating to any information forwarded by the Bank to such
of information. credit reporting/reference agencies and/or such other party,
as the case may be, or in relation to any access or use, or the
inability to access or use by such credit reporting/ reference
22. PRIVACY CLAUSE agencies and/or such other party or reliance on the
information contained therein, whether caused by any
22.1 Where the account holder is a corporation, the account holder technical, hardware or software failure of any kind, the
hereby irrevocably consents and authorises, and confirms interruption, error, omission, delay, viruses or otherwise
that it has duly obtained the consent and authority of its howsoever.
directors, shareholders, officers, guarantors, security
providers, business partners, subsidiaries, associated
companies and/or any other person, individual and/or entity

(RD/T&C/FD/ENG/AUG2018) Page 7 of 8
CIMB BANK BERHAD (13491-P)

22.4 This clause shall be without prejudice to any other clause in


these Terms and Conditions which provides for the disclosure
of information.

23 MISCELLANEOUS

23.1 In the event of complaint relating to FD Account, the account


holder may lodge a note with the respective CIMB centre or
branch at which the FD Account is maintained. Should the
explanation or resolution provided by the CIMB centre or
branch not be to the satisfaction of the account holder, the
account holder may contact the Bank’s Customer Resolution
Department bearing the following address, telephone,
facsimile numbers and e-mail address (or bearing such other
address, telephone, facsimile numbers and e-mail address
which the Bank may change by notification to the account
holder): Customer Resolution Unit, 19th Floor, Menara
Bumiputra Commerce, 11, Jalan Raja Laut, 50350 Kuala
Lumpur. Call Centre No: +603 6204 7788, Fax No: +603 2691
3248, Email: [email protected].

23.2 In the event of any inconsistency, conflict, ambiguity or


discrepancy between the English text or any other version of
this Terms and Conditions, the English version shall prevail.
Notwithstanding the aforementioned where request is made
by the account holder for the Bahasa Malaysia version of the
terms and conditions herein the Bank shall provide the same
and allow the account holder to complete the relevant forms
and sign the agreement in Bahasa Malaysia and such form
and agreement in Bahasa Malaysia completed and signed
shall form the basis of the contract between the Bank and the
account holder.

(RD/T&C/FD/ENG/AUG2018) Page 8 of 8

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