Malaysia

Lawyers advise caution when joining kootu groups

While safe among family and friends, there are ways it can fall foul of the law, they say

Updated 5 years ago · Published on 07 Feb 2021 9:52AM

Lawyers advise caution when joining kootu groups
A kootu fund is loosely defined as a pool of money raised from contributions by a group of individuals at regular intervals and then withdrawn from the pool by the kootu group leader and given to a participant, mainly by a lottery mechanism. – Pixabay pic, February 7, 2021

KUALA LUMPUR – There is no doubt that the Covid-19 pandemic has disrupted the rice bowls of countless Malaysians.

In such a situation, many may be tempted to turn to a time-tested way of raising some hard cash – a kootu fund.

But several lawyers have advised the people to exercise caution when participating in kootu funds, lest they be caught on the wrong side of the law.

Lawyer Teeruvarasu K. Muthusamy said a kootu fund is loosely defined as a pool of money raised from contributions by a group of individuals at regular intervals, on a weekly or monthly basis.

The money is then withdrawn from the pool by the kootu group leader and given to a participant, mainly by a lottery mechanism.

He said while playing the traditional kootu fund among friends and family is legal according to the Registrar of Societies (RoS), it can become illegal in two ways.

“It becomes an offence when the kootu leader charges a fee of membership from the participants to subscribe or join the kootu scheme. It also becomes illegal when the kootu leader claims profits from the contributing members to enrich himself,” he said.

Teeruvarasu said the other scenario that would render the activity illegal is when the fund is advertised or promoted among the public.

He said this would violate Section 3 of the Kootu Funds (Prohibition) Act 1971 (Act 28).

“Act 28 clearly states that it shall be unlawful for any person to carry on the business of promoting kootu funds and any person who carries on such business shall be guilty of an offence,” he said.  

He said matters pertaining to Act 28 are under the purview of the Domestic Trade and Consumer Affairs Ministry, and any irregularities on kootu can be reported to the Registrar of Companies (RoC) and the police.

Another lawyer, Nor Zabetha Muhammad Nor, advised people against joining kootu funds, saying they risked losing their money or getting into trouble with the law.

“There are so many ways that kootu funds are being carried out today, and they’re even being run through WhatsApp groups. There are many who join these schemes without even knowing who the ‘ibu kutu’ (kootu leader) is.

“The more a kootu group’s funds increase, the more it becomes black money and that’s what usually turns it into an offence,” she said.

Prominent criminal lawyer Datuk N. Sivananthan echoed Zabetha’s sentiment, saying in the event a member lodges a report against the group leader, both players and the leader could be charged.

“Theoretically, the police can charge the player for playing and the chief for collecting (money), and also for theft or cheating, depending on the facts,” he said. – Bernama, February 7, 2021

Related News

Malaysia / 1w

Budget 2027: 30,000 new job opportunities; private companies to enjoy tax deductions

Malaysia / 3w

Najib’s RM50m fine: Grassroots feel money could be put to better use for the rakyat

Malaysia / 2mth

Datuk Seri charged with embezzlement of company funds exceeding RM37 million

Malaysia / 3mth

Syed Saddiq walks free: Federal Court upholds acquittal

Malaysia / 6mth

Money, jewellery overflowed on the floor of Pavilion Residences - Witness

Malaysia / 7mth

Malaysiakini lodges report after RM3m discovered missing from subsidiaries

Spotlight

Malaysia

Haze: MOH issues strict guidelines to ensure public health

Cocaine in shoes: Invited on vacation to Japan, only to end up as drug mules

Malaysia

PDRM awaits Philippine confirmation on alleged politician’s role in 521kg drug seizure

Malaysia

Elderly man dies after being beaten repeatedly

Malaysia

Preliminary report on helicopter crash in Long Lellang released; probe ongoing

Malaysia

‘Am I not the Tuanku?’ Tuanku Muhriz tells off Ismail Lasim (video)

By Alfian Z.M. Tahir

Malaysia

Donating to Najib: ‘One of the most foolish things I have seen’ – UM student

Malaysia

AKPS officer was seeking divorce before alleged killing, says brother

By Alfian Z.M. Tahir

You may be interested

Malaysia

Court hears RM40m in Khazanah, PNB investments paid into Fashion Valet accounts

Malaysia

Home Minister: Authorities step up refugee oversight as police record 199 Rohingya-linked crimes

Malaysia

Thai arrests expose organised networks funneling migrants into Malaysia

Malaysia

PAS puts UMNO first in push for electoral pact ahead of next GE

Malaysia

King honours Malaysian Armed Forces at 93rd anniversary banquet

Malaysia

E-wages dashboard to track compliance of RM2k minimum wage hike from June 2027

Malaysia

Haze: MOH issues strict guidelines to ensure public health

Malaysia

Pasir Gudang API hits 203 as haze puts 33 stations in unhealthy categories