Corporate Liability for Corruption in Malaysia is the first publication in Malaysia focusing on corruption offences in the context of corporate liability covering law and practice as well as practical tips and solutions to address corruption risk in the corporate sector.
Corporate Liability for Corruption in Malaysia is the first publication in Malaysia focusing on corruption offences in the context of corporate liability covering law and practice as well as practical tips and solutions to address corruption risk in the corporate sector.
This title offers insights on regulatory compliance matters to practitioners, in-house legal counsel and management. It will also benefit academicians and students who have an interest in the development of corporate liability for corruption in Malaysia.
The introduction of Section 17A of the Malaysian Anti-Corruption Commission Act, which came into force on 1 June 2020, has changed the way of doing business. Strict corporate liability applies to commercial organisations for the corrupt practices of any persons associated with the commercial organisation, whether within or outside the organisation, where such acts are carried out for the commercial organisation’s benefit or advantage.
The statutory defence of establishing adequate procedures are in place to combat corruption has resulted in an increased demand for law firms to provide anti-bribery and corruption audits, review and draft anti-bribery and corruption policies, provide training to directors and management on adequate procedures, and to facilitate the setting up complaint or whistleblowing platforms; all with a view to eliminate or minimise the risk of liability exposure for corruption under the laws of Malaysia.
Yiew De Quan assists Senior Counsel in advising and representing both multinational and locally incorporated companies for disputes and regulatory compliance matters. His practice areas include contractual and tortious disputes, debt recovery, arbitration, personal data protection and privacy, and anti-bribery and corruption.
Lilien Wong holds a 1st Class LLB and LLM in International Commercial Law with Distinction. Lilien advises a wide range of clients on regulatory compliance matters. She drafts anti-corruption policies, advises on anti-corruption matters and provides training for corporations regularly. She is recognised by the Legal 500 in Dispute Resolution and Antitrust.
Shanti Mogan has over 30 years of experience, representing clients in commercial litigation and arbitration. She acts as counsel and arbitrator. She is also a Member of the Court of Arbitration (SIAC), and a Fellow of CIArb and MIArb. She is recognised by Chambers and Partners, The Legal 500 and Asialaw.