Malaysia: Directors and Officers

This playbook is for boards, MDs, in-house counsel and compliance leaders at Malaysian companies operating across borders or embedded in international supply chains. It focuses on legal risk management in Malaysia as it plays out in cross-border contracts, compliance obligations and governance decisions.

For a purely domestic business, this may be sufficient. But for multinational groups with subsidiaries in several jurisdictions, relying only on Malaysian statutory defaults is risky.

Every company incorporated in Malaysia must meet one basic requirement under the Companies Act 2016: it must have at least one director who is "ordinarily resident in Malaysia".

The Federal Court had the opportunity to consider novel questions of law concerning fraudulent trading under S 540, Companies Act 2016...

A company releases emissions into the air or builds a factory that pollutes a nearby river. The company is prosecuted in the criminal courts.

Amendments to Bursa Malaysia Securities Berhad Main Market Listing Requirements in Relation to Sustainability Training for Directors...

In this article we will examine the main updates made to the MCCG.

Since the last revision in 2017, the Malaysian Code on Corporate Governance has been recently updated on 28 April 2021 ("MCCG 2021").

A director owes fiduciary duties to a company to prevent the assets of the company from being depleted illicitly, especially when the company is insolvent.