Never has there been a greater need for businesses to ensure that their compliance procedures are robust, and for General Counsels (GCs) and Boards and Directors to understand their duties. If an investigation looms, the GC, Directors and the Board need to know what will happen and how to respond, both as regards the business and key individuals.
As further incentive to take compliance seriously, criminal liability for senior executives and the Board is a reality in Malaysia. Now, more than ever, regulators appear determined to make an impact.
At SK Chambers, we provide the legal and regulatory knowledge required to fully represent boards or companies facing investigations for violation of Malaysian regulatory laws.
Anti-Money Laundering & Counter-Terrorism Financing Allegations
We provide compliance counseling on the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA). AMLA requirements, counter-terrorist financing regimes, know-your-customer (KYC) procedures, and reporting requirements are increasingly complicated and comprehensive. We are well prepared to evaluate your organisation’s existing AMLA policies and procedures, and to assist your organisation to set up and implement new programmes, incorporating best practices that meet with regulatory approval.
Anti-Corruption Allegations
Many countries around the world, including Malaysia, have in recent years stepped up their enforcement of anti-corruption laws. To improve effectiveness in tackling bribery, the Attorney-General’s Chambers is currently looking into amending the Malaysian Anti-Corruption Commission (MACC) Act 2009 to include corporate liability. Once it comes into effect, companies can be held responsible if their employees commit bribery under the amended act—unless they can prove that they have taken adequate measures to prevent it.
Securities Law Offences
We work closely with our domestic and foreign corporate clients to interpret, implement and assure compliance with a wide range of securities law compliance matters. Corporate governance is also an area of intense focus for public companies, the SC, the Exchange, shareholder activists, institutional investors, and the media. We have dual experience in this area—as regulators and practitioners—and advise clients and their boards on related matters, including:
- Disclosure matters – timing and content of shareholder circulars, announcements
- Compliance with insider trading rules – reporting and liability matters including implementation of individual trading programs for CEOs and senior management
- Compliance with bribery laws
- Cybersecurity and theft of company data for insider trading and other criminal fraud purposes
How We Can Help You
For your organisation to become—and continue to be—compliant with the standards outlined in the AMLA regulations, MACC Act and the various securities laws, we provide compliance programmes, including anti-money laundering risk assessment, drafting of policies and procedures, drafting of KYC forms, and creating training sessions to ensure your employees understand the relevant framework and policies in place.