Corporate Liability Provision

Corporate Liability Provision

Following to the Corporate Liability Provision, Section 17A of the Malaysian Anti-Corruption Commission Act 2009, BHB would like to share the understanding of the Corporate Liability Act which was enforced on 1 June 2020.

What is Corporate Liability?

A new law provision, Section 17A of the Malaysian Anti-Corruption Commission Act 2009 (MACC Act 2009) 
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What is the offence under Section 17A of the MACC Act 209?

A commercial organisation can be prosecuted and punished for criminal offences when officers/employees/vendors/partners working on behalf of the commercial organisation commits a corrupt act.

What are the types of corruption offences?

If a person associated with the commercial organisation corruptly gives/agrees to give/promises to offer any gratification for the purpose of obtaining/retaining business or advantage in the conduct of business for the commercial organisation.
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penalties

What are the penalties?

  • Fine of not less than ten (10) times the sum of value of the gratification or;
  • RM1 million, whichever is higher or:
  • Imprisonment of not more than 20 years, or both

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