{Sec Update} Lessons from the Federal Court's Ruling on Unlicensed Moneylending

Triple Zest Trading & Suppliers Vs Applied Business Technologies Sdn Bhd [2023]

The Federal Court in Malaysia overturned a Court of Appeal decision, ruling that an "unlicensed moneylender" cannot recover either interest or the principal loan amount.

Key Facts

Parties Involved: Triple Zest Trading & Suppliers (TZT) and Applied Business Technologies Sdn Bhd (ABT).
Loan Amount: RM800,000 with an additional RM800,000 as "agreed profit".
Collateral: Two parcels of land and four undated cheques valued at RM1.6 million.
Issue: TZT defaulted on the repayment of RM800,000 principal.

Court Decisions

High Court: Favored ABT, ordering TZT to pay RM1.6 million.
Court of Appeal: Limited TZT's liability to only the principal loan sum of RM800,000.
Federal Court: Overturned previous decisions, stating that unlicensed moneylenders like ABT cannot recover either the principal or interest, especially when interest rates are exorbitant (100% in this case).

Legal Reasoning

The Federal Court deemed the "agreed profit" as interest, thus violating the Moneylenders Act 1951.
It emphasized that the courts should not assist those who engage in illegal moneylending practices.
The agreement was considered void under the Contracts Act 1950.

Implications for Clients

Compliance with legal standards: The decision highlights the necessity for all financial transactions, including loans, to be in strict compliance with the Moneylenders Act 1951. Companies and individuals must ensure their lending practices adhere to legal requirements.
Risks of unlicensed lending: Engaging in unlicensed lending, particularly with exorbitant interest rates, can result in the inability to recover both the loan principal and interest. This case demonstrates the risks associated with such practices.
Legitimacy of "friendly loans": The ruling clarifies that companies and individuals can still offer "friendly loans." However, these loans must not include any interest or additional sums exceeding the principal amount. Loans structured in this manner are legally permissible.
Prohibition of interest on "friendly loans": Any "friendly loans" that impose interest or extra charges beyond the principal amount are illegal. The courts will not assist in recovering either the interest or the principal amount in such cases, emphasizing the need for caution and legal adherence in private lending.
Importance of legitimate agreements: The decision stresses the importance of having legitimate and legally compliant agreements for any financial transaction.
Seeking legal counsel: Given the complexities and legal implications of loan agreements, it is advisable for clients to seek legal advice before entering into any financial agreements.

Conclusion

This landmark ruling serves as a critical reminder of the importance of complying with financial and legal regulations. It discourages illegal lending practices and promotes the legitimacy and enforceability of loan agreements that adhere to the law. Clients are advised to be vigilant and consult legal experts to ensure their financial dealings are within legal boundaries.

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