Company director to be first person in Malaysia charged with corporate liability for corruption

Sebaran :

A company director is set to the first person to be charged under the newly enforced corporate liability laws as a result of the alleged corrupt actions of the company’s previous director, the Malaysian Anti Corruption Commission (MACC) said today.

The MACC said in a statement that investigations found the ex-director, while he was still with the firm, to have given a bribe of RM321,350 to a company in exchange for being awarded subcontracts to charter the vessels for oil exploration works.

The offences were allegedly committed by the 64-year old former director between June 29 and October 14 last year, with the entire project estimated to be worth around RM1 billion.

As an effect of the former director’s actions, MACC said the vessel rental company’s current chief would also face prosecution under the corporate liability laws within Section 17A of the MACC Act 2009.

Section 17A of the MACC Act spells out how a company and its employees, so long as they are concerned in the management of the company’s affairs, are liable to action if found giving or offering gratification to obtain, retain, or gain an advantage for the organisation.

“The 64-year old man was arrested this evening at the MACC headquarters in Putrajaya and is expected to be charged at the Shah Alam Sessions Courts, in Selangor tomorrow, under Section 16(b)(A) of the MACC Act 2009 for giving bribes to obtain vessel charter contracts.

“Meanwhile a director of the same company who was also called in to assist investigations will be charged as a representative of the company under Section 17A of the MACC Act 2009, which relates to corporate liability offences, in the same court tomorrow.

“This is the first case for an offence under Section 17A of the MACC Act 2009 since it came into effect on June 1, 2020,” the commission said. MM

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