Introduction to Corporate Liability Law: S.17A of The MACC Act 2009
Corruption poses a significant challenge in Malaysia, affecting both the public and private sectors and creating a multifaceted issue. It’s likened to a contagious ailment capable of eroding our economy and institutions over time. The ramifications of corruption are severe, encompassing legal, reputational, and financial risks for individuals and businesses. Over the past five years, the Malaysian Anti-Corruption Commission (MACC) has apprehended more than 800 individuals involved in cases concerning commercial entities. Despite the existence of the Malaysian Anti-Corruption Commission Act since 2009, instances of corruption within the private sector have been escalating. This prompted the need for a fresh approach, leading to the incorporation of S.17A, a new provision for corporate liability, into the prevailing MACC Act 2009 by the Malaysian Government. The new provision significantly diminishes the protection of the corporate veil, thereby holding top management, partners, and directors of organizations directly accountable. They can face substantial fines and potential imprisonment if their employees or agents are discovered engaging in corrupt activities for the benefit of the organisation.
This introductory session holds vital importance for all businesses operating in Malaysia. It will delve the newly introduced corporate liability provision, and the guidelines published by the Prime Minister’s Department on the principle of “Adequate Procedures”.
While best practices aim to prevent bribery and corruption within organizations, their efficacy diminishes if employees lack awareness and training on corruption-related issues. Anti-bribery training is imperative, for companies operating in a local or global context. Engaging staff in anti-bribery and anti-corruption training is crucial. Employees need a comprehensive understanding of anti-corruption principles and compliance with local laws. See you at our introductory session which will give you a basic understanding on what is at stake if anti-bribery policies are not implemented in your organisation.
Course Objective
- To introduce participants to S.17A of the MACC Act 2009, Corporate Liability Law in Malaysia
- Understanding at a basic level the offences covered under S.17A and requirements of the Act
- Exposing participants to the “Adequate Procedure Guidelines” issued by the Prime Ministers Department for business entities in Malaysia
Terminal Oobjectives
Upon completion of the introduction session, attendees will understand what are S.17A’s requirements and the need to implement a robust anti-corruption management system in the workplace.
Course Outline
Introduction To S.17a Of The Macc Act 2009
- Explore the current landscape of corruption in both private and public sectors
- Gain insights into the National Anti-Corruption Plan, focusing on provisions relevant to the private sector
- Understand the International Legal Framework and Business Instruments, emphasizing the need for local laws
- Discover the transformative S.17A Corporate Liability, lifting the corporate veil for enhanced accountability
- Navigate the Adequate Procedure Guidelines, establishing the "TRUST" principles
- Learn about the key role of the private sector and its potential contributions to improving the current situation
Programme Details
Date: 4 November 2024, Monday
Time: 9.00am–1.00pm (breakfast starts at 8.30am)
Admission Price: RM57.00* (material, certification & meal)
Speaker: Mr. K. Sudhagaran Stanley
*This a Non-HRD Corp Claimable programme.
Venue
Malaysia HR Forum Academy
Level 12, Menara PKNS, Jalan Yong Shook Lin,
46050, Petaling Jaya, Selangor
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About The Trainer
Mr. K. Sudhagaran Stanley
Forget dry lectures and textbook theories. Stanley isn’t your average trainer. He’s a veteran warrior in the fight against corruption, with the scars to prove it, and the expertise to empower you to join the crusade.
His legal journey began in the halls of Northumbria University, where he honed his legal skills before returning home to Malaysia with a burning passion for justice. He quickly rose to the Deputy Chief Executive Officer of the Center to Combat Corruption and Cronyism (C4 Center), a fearless organization at the forefront of the fight against corruption in both public and private sectors.
Stanley’s impact extends far beyond his title. He is a veteran advocate with a resume as diverse as his travels. From chairing the Commission of Migrant and Itinerants to co-founding the Lifebridge Learning Center for disadvantaged communities, he has woven a tapestry of caring leadership and social responsibility. His expertise in human rights, good governance, and anti-corruption has earned him a platform beyond Malaysian borders to incorporate presentation, conferences, and training sessions in countries including the US, UK, Germany, Netherlands, Italy, UAE, India, Nepal, Indonesia, Cambodia, Philippines, Thailand, and Singapore.
The saga does not culminate at this juncture. Stanley boasts a wealth of experience in the noble art of imparting wisdom to the titans of manufacturing, having graced the training arenas of Intel, Flextronics, Goodyear, Micron, ASE, Honeywell, Inokom, Boon Siew Honda and Proton. Not to be outdone, the hallowed halls of erudition at Help University and Taylors College have been graced by his expertise. His sagacious teachings have even reverberated within the sacred walls of healthcare bastions such as Columbia Asia Jaya Hospital and Tung Shin Hospital. With an impressive repertoire of experience, he has also conducted transformative training sessions for employees from esteemed entities such as Berjaya Credit, Lenovo, Yokowo Electronic, Pos Malaysia, Aeon Big, Agro bank, Maybank, Bank Islam, Bank Pertanian, Media Prima, Genting Malaysia, Malayan Nurses Union, National union of bank employees, Malaysia Airport Berhad, Jabatan Kerja Raya, and Telekom.