The anti-corruption enforcement climate in Malaysia was strengthened with the introduction of section 17A to the Malaysian Anti-Corruption Commission Act 2009. Section 17A imposes strict corporate liability on commercial organisations for bribery offences. The section applies to companies, partnerships, and limited liability partnerships, which are either incorporated in Malaysia, or similar organisations incorporated abroad, but who carry on business in Malaysia, and directors, controllers, officers, partners and any person within the organisation with a management role are responsible.

This article prepared by Partner Ang Siak Keng and Nadarashnaraj Sargunaraj looks at the implication of section 17A and what organisations should take into consideration in establishing adequate procedures to protect itself against corporate liability.

Download article here.