Description
About the Book
This book presents the liability of companies in a variety of scenarios. The corporate vehicle is used in diverse fields of business and the company, its directors and officers are potentially subject to liabilities for various infringements of the law.
Comprehensive in its coverage, this book provides much needed guidance on corporate liability after the implementation of section 17A of the Malaysian Anti-Corruption Commission Act in June 2020 and the liability of companies for the misuse of the corporate vehicle by its owners and officers. Tied to this is the key concern today on ascertaining beneficial ownership of companies, a matter which will be statutorily covered pursuant to upcoming amendments to the Companies Act 2016.
The book examines the concept of separate legal personality and the liability of companies in different areas, including contract, tort, criminal law, securities law, banking law, environmental law and occupational safety and health law. The rules of attribution in criminal cases to make corporations liable for the criminal wrongdoings of their directors, employees and agents are thoroughly surveyed.
The book provides guidance on measures which companies can take to avoid incurring liability, such as the “adequate procedures” under section 17A of the Malaysian Anti-Corruption Commission Act. It also looks at remedies which companies and its officers may have resort to. Penalties which may be imposed on companies for breach of corporate liability are given due consideration.
This publication should be welcomed by company directors, company secretaries, business owners, lawyers, judges, policymakers and regulators.
Key Features
- Comprehensive book on the law regarding corporate liability in Malaysia.
- Written in clear and simple language.
- Examines the concept of separate legal personality and the liability of companies in various scenarios, including contract, tort, criminal law, securities law, banking law, environmental law and occupational safety and health law.
- Considers the very topical concern of corporate liability after the implementation of section 17A of the the Malaysian Anti-Corruption Commission Act.
- Considers corporate liability for the misuse of the corporate vehicle for the commission of crimes like money laundering, corruption and terrorism financing.
- Explores the best practices on beneficial ownership of companies which is to be imposed through upcoming amendment to the Companies Act 2016.
- Considers penalties which may be imposed and remedies which may be sought by companies.
Contents
- Introduction
- Corporate Personality and Piercing the Corporate Veil
- Corporate Liability in Civil Law and in Tort
- Corporate Liability in Contract and in Equity
- Corporate Criminal Liability
- Anti-Corruption and Anti-Money Laundering Law
- Consumer Law
- Securities Law
- Banking Law
- Environmental Law
- Occupational Safety and Health and Employees’ General Welfare
- Misuse of Corporate Vehicle and Beneficial Ownership of Companies
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