Corporate Liability under Section 17(A) MACC Act 2009

Section 17A of the Malaysian Anti-Corruption Commission Act 2009 (“MACC Act 2009”) took effect on the 1st of June 2020, addresses corporate liability for corruption where directors and senior management will be held personally liable for acts of corruption committed by the organisation, either by personnel or parties acting on behalf the organisation. Penalties include fines up to RM1 million and/or prison sentences of up to 20 years for those in charge of the company.

However, Section 17A allows a defence for the organisation, by proving it had in place “adequate procedures” designed to prevent person(s) associated with it from undertaking such a conduct. A Ministerial Guidelines on Adequate Procedures issued laid out five (5) key principles on how Adequate Procedures may be developed as lines of defence for commercial organisations as well as those in charge with governance and management of the organization in an ethical manner.
This training shall provide participants with detailed knowledge of S.17A of the Malaysian Anti Corruption Commission Act 2009, the guidelines introduced by the Prime Minister’s Department on Adequate Procedures, policies organisations should implement and a study of recent cases.