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Licences under the
Digital Signature Act 1997
Licensed Certification
Authority
The function of a licensed certification
authority is to issue to a subscriber upon application and upon satisfaction of the
licensed certification authority's requirements as to the identity of the subscriber
to be listed in the certificate and upon payment of the prescribed fees and charges.
Licensed certification authority, before issuing any certificate, must take all reasonable
measures to check for proper identification of the subscriber to be listed in the
certificate.
The licensing of certification authorities is obligatory under the Digital Signature
Act 1997.
The MCMC issues two stages of licences for certification authorities:
| a) |
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The establishment stage; and |
| b) |
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The operation stage. |
The MCMC issues the establishment stage licence for a period of not exceeding one
year. During the period, a person has to fulfil all licensing requirements and may
apply for the operation stage.
A person is only allowed to carry on or operate as a licensed certification authorities
until that person has been issued with the operation stage of the licence.
Qualification Requirements
A person intending to carry on or operate as a certification authority must satisfy
the following requirements:
| a) |
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It is a body corporate incorporated in Malaysia
or a partnership within the meaning of the Partnership Act 1961; |
| b) |
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It maintains a registered office in Malaysia; |
| c) |
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It has a working capital reasonably sufficient,
according to the requirement of the Commission, to enable it to carry on or operate
as a certification authority; |
| d) |
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It files with the Commission a suitable guarantee; |
| e) |
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It uses a trustworthy system for the generation
and management of key pairs and certificates; |
| f) |
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It uses an approved digital signature scheme
for the generation of key pairs and for the creation and verification of digital
signatures; |
| g) |
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It has an operating procedure that includes
a certification practice statement, the measures to be taken to check the identity
of subscribers to be listed in certificates, and the repositories and date/time stamp
services to be used; |
| h) |
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It employs as operative personnel only
persons who:
a. Have not been convicted within the past
15 years of an offence involving fraud, false statement or deception; and
b. Have demonstrated knowledge and proficiency in following the requirement of the
Act and its Regulations;
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| i) |
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It complies with the licensing, standards
and technical requirements under the Act and its Regulation; and |
| j) |
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It complies with such other requirement as
the Commission thinks fit. |
Application for
Certification Authority Licence
| a) |
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A person fills in Form 1; |
| b) |
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A person must provide the following information
for the establishment stage:
- The particular of the applicant
- The anticipated operational costs and
proposed financing;
- Details of the personnel to be employed
and their qualifications, if available;
- The proposed operating procedure; and
- The services to be provided and the fees
and charges to be imposed thereof.
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| c) |
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A person must provide the following information
for the operation stage:
- All valid information submitted for the
establishment stage;
- All new information and all the changes
to the information submitted for the establishment stage, if any;
- A suitable guarantee; and
- A report from a qualified auditor certifying
that the prescribed licensing, standards and technical requirements have been satisfied.
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| d) |
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The prescribed fee;
and |
| e) |
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Such other information or document as the
Commission may require. |

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