Marsden Law Book

The principles of corporate governance and ethics collectively serve as necessary checks and balances to curb the misconduct of corporations. This practitioner-oriented book reviews the development and practical application of governance in the corporate sector with some attention given to the public sector too. The authors have clearly and concisely explained the salient principles of corporate governance and ethics and have included discussion on relevant regulatory bodies (such as the Securities Commission Malaysia and Bank Negara Malaysia), statutes, codes and guidelines (such as the Malaysian Code on Corporate Governance 2021 (“MCCG 2021”) and the Bank Negara Policy Document on Corporate Governance for financial institutions), challenges in the implementation of the regulatory framework of corporate governance, and enforcement and compliance of relevant legislation (such as the Companies Act 2016).

A whole chapter dedicated to case studies gives due attention to key cases to further illustrate high-profile breaches of corporate governance in Malaysia, serving as a cautionary tale to company directors and shareholders alike.

This book is invaluable to company directors, shareholders, and other stakeholders who will benefit from the book’s succinct guidance to compliance with the Malaysian legal and regulatory regime.

KEY FEATURES:

Provides a clear and concise analysis of the legal and regulatory requirements surrounding corporate governance and ethics by using case studies
Explains the concept of corporate governance and the framework within which it is implemented
Explores the roles played by different regulatory institutions
Considers corporate governance in both the public and private sectors
Analyses the requirements of the MCCG 2021
Provides valuable and instructive case studies to promote better corporate governance
Introduces global regulatory trends
Surveys ethical considerations in corporate governance
Includes the full text of the MCCG 2021 as issued by the Securities Commission Malaysia

Presenting the law in a clear and concise style, this updated second edition guides and supports a quick understanding of the Malaysian company law system. Regular reference is made to the provisions of the Companies Act 2016 to enable the reader to appreciate the statutory scheme regulating companies in Malaysia. Illustrations are used to clarify concepts and cases are cited for reference. Mind maps have been included to assist a quick appreciation of key concepts and procedures. Comparison is made with the former scheme under the Companies Act 1965 where relevant and helpful comments are included to aid the analysis of more difficult areas of the law.

Each chapter begins with its learning objectives, presents the essential principles in succinct paragraphs and concludes with a summary to ensure that the reader obtains a clear understanding of the subject matter covered. A section titled “Points to Ponder” highlights difficult areas which may merit further discussion and consideration. The Appendix to the book contains a useful comparison of key provisions in the Companies Act 1965 and the Companies Act 2016.

Changes made by the Companies Act 2016 Reprint and the Companies (Amendment) Act 2019 have been covered, including the requirements for the execution of documents and the conditions for loans to directors.

This book is especially suitable for non-law degree students who take Company Law in their course of study as well as candidates taking MAICSA, ACCA, MICPA and MIA examinations. It can also be of interest to practitioners who need a quick refresher on basic principles and those who want to learn more about the general law relating to companies and how the Companies Act 2016 impacts their business.

Key Features of this New Edition

Presents essential principles in a clear and succinct style
Contains illustrations and charts that facilitate understanding
Mind maps support easy understanding of key concepts and procedure
New developments include the requirement for a register of beneficial owners, audit exemption and regulations on judicial management and corporate voluntary arrangement
Expanded coverage of the law on partnership and limited liability partnership
Extensive cross-referencing for easy navigation through the book
“Points to Ponder” highlights difficult areas which merit further consideration
Appendix makes available a useful comparison of differences between the Companies Act 1965 and the Companies Act 2016 and acts as an index to the contents of the book