PART II - THE COMMISSION AND THE LICENSING OF CERTIFICATION AUTHORITIES
Section 12. Effect of revocation, surrender or expiry of licence.
(1) Where the revocation of a licence under section 9 or its surrender under section 11 has taken effect, or where the licence has expired, the licensed certification authority shall immediately cease to carry on or operate any business in respect of which the licence was granted.
(2) Notwithstanding subsection (1), the Minister may, on the recommendation of the Commission, authorize the licensed certification authority in writing to carry on its business for such duration as the Minister may specify in the authorization for the purpose of winding up its affairs.
[Am. Act A1121:s.2]
(3) Notwithstanding subsection (1), a licensed certification authority whose licence has expired shall be entitled to carry on its business as if its licence had not expired upon proof being submitted to the Commission that the licensed certification authority has applied for a renewal of the licence and that such application is pending determination.
[Am. Act A1121:s.2]
(4) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both, and in the case of a continuing offence shall in addition be liable to a daily fine not exceeding five thousand ringgit for each day the offence continues to be committed.
(5)Without prejudice to the Commission's powers under section 33, the revocation of a license under section 9 or its surrender under section 11 or its expiry shall not affect the validity or effect of any certificate issued by the certification authority concerned before such revocation, surrender or expiry.
[Am. Act A1121:s.2]
(6) For the purposes of subsection (5), the Commission shall appoint another licensed certification authority to take over the certificates issued by the certification authority whose licence has been revoked or surrendered or has expired and such certificates shall, to the extent that they comply with the requirements of the appointed licensed certification authority, be deemed to have been issued by that licensed certification authority.
[Am. Act A1121:s.2]
(7) Nothing in subsection (6) shall preclude the appointed licensed certification authority from requiring the subscriber to comply with its requirements in relation to the issuance of certificates or from issuing a new certificate to the subscriber for the unexpired period of the original certificate provided that any additional fees or charges to be imposed shall only be imposed with the prior written approval of the Commission.
[Am. Act A1121:s.2]
(8) Where the Commission has appointed a licensed certification authority to take over the certificates of a certification authority under subsection (6), the certification authority shall pay to the appointed licensed certification authority such part of the prescribed fee paid by the subscribers to it as the Commission may determine.