Corporate Liability & Its Mitigation on Corruption

27 Mar, 2020, Kuala Lumpur

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Mr. Tan Kok Tee has over 40 years of experience in financial, strategic and general management. He has held a variety of leadership and senior management roles in various organizations, the last being Group Chief Executive Officer. More than half of this time were spent in the Manufacturing Marketing & Distribution and Services organization, including Inchcape Timuran Berhad, Metroplex Berhad, and Perdana Industries Berhad.

 

He is a Fellow member of the Association of International Accountants, UK; Member of the Institute of Public Accountants, Aust.; Member of the Chartered Tax Institute of Malaysia; Member of the Malaysia Associations of Company Secretaries, holds a MBA in Finance from Charles Sturt University, Australia and a Gold Mastery Holder in Reinventing Strategic Planning and Management from the Haines Centre for Strategic Management, sponsored by University of San Diego, USA.

 

He is also a Certified Trainer with PMSB’s Train The Trainer Certificate since 2009 and a life member with the Malaysian Institute of Directors.

 

Mr. Tan has been involved in training and facilitation since beginning 2009. To-date he had conducted more than 300 training workshops, of which more about 200 are on GST including GST Accounting for both in-house as well as public, including for Government Authorities, Chamber of Commerce, Government Link Companies, Banks, Malaysian Institute of Accountants, Chartered Institute of Management Accountants, Selangor state Human Resource Development Centre, Negeri Sembilan state Skills Development Centre, NGOs, political party as well as on behalf of various other training providers.

 

He also developed and delivered an Entrepreneurship program (training) especially for MBA students from GC University, Pakistan in collaboration with Sunway Education Group for period 2010 to 2014. He was also an assessor for the UTAR’s NGO strategic planning program and an invited speaker for the Asian Financial Controller’s Congress in 2009, 2010 and 2011.

Venue Details

Renaissance Kuala Lumpur Hotel
Corner of Jalan Sultan Ismail and Jalan Ampang, Kuala Lumpur 50450,
Phone : 03 2162 2233
Fax : 032161 5555

Contact us

Juliany,
O - 03 2283 6109 | M - 019 3134436
juliany@ipa.com.my

Michelle,
O - 03 2283 6100 |  M - 019 363 7822
michelle@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Yvonne,
O - 03 2283 6101 | M - 012 2011247
F - 03 2283 6108 
yvonne@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • Bribery / Corruption
  • Grounds for defence in the commitment of the offence by commercial organizations
    - Ministerial Guidelines on Adequate Procedures
    - Introduction to the ISO37001: Anti Bribery Management System Standard
    - Process of Policies and Procedures (P & P) Development
    - Implementation of the Policies and Procedures
  • Preventive Actions
INTRODUCTION

Section 17A, a new section in the MACC act will be effective with effect from 1/6/2020 after its moratorium period. This new section extended the scope of the MACC Act to cover Commercial Organizations.

 

Under this section, “A commercial organization commits an offence if a person associated with the commercial organization corruptly gives, agrees to give, promise of offer to any person any gratification for the benefit of that person with intent to obtain or retain business or advantage in the conduct of the business for the organization” Upon conviction the fine can be not less than 10 times of the value of the gratification or RM1.0m whichever is greater or subject up to years in prison or both.

 

Who then is deemed to have committed the offence when the commercial organization committed the offence??? Persons such as Directors, Controllers, Officer, Partners or any other person who is concerned in the management of the organizations affairs is deemed to have committed the offence UNLESS he can prove that such offence is committed without his consent and that he has exercised all due diligence to prevent such commission of the offence.

 

However, under S17A(4), it allows a DEFENCE for the organization if they can prove that they have in place adequate policies and procedures to prevent any person associated with the organization from committing such offence.

 

Hence this 1-day interactive course is to help participants to be aware of such legislations and its consequence, and how to develop and implement an effective anti-bribery management system following the ISO 37001 standard.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Enhancing and achieving an understanding of S17A of the MACC Act.
  2. Initiating mitigation strategies in controlling Bribery
  3. Managing the implementation of an effective snit-bribery system.
  4. Strengthening the organizational core value.
  5. Taking continuous strategic role in addressing all identified weaknesses.
WHO SHOULD ATTEND
  • Directors, CEO, COO, CFO, Company Secretaries,
  • Senior Managers, Managers and HODs
  • Risk Management Managers, Strategy and Planning Managers,
  • All other Financial Professionals / Personnel
  • Internal Audit Professionals / Personnel
METHODOLOGY
  • Interactive Lectures, participative and active group discussions, and Q & A sessions
COURSE CONTENT
9:00

Bribery / Corruption:
i. General Introduction and Legislations

  • What is and constitute as 4 main offences under the MACC Act. 2009
  • What constitute Bribery?
  • Understand all the sub-sections of S.17A of the MACC Act and its effect on Commercial Organization and its Directors & Key Management staffs.

ii. Commercial Organization

  • Definition of the commercial organization
  • Personnel deemed to be committed the offence under the MACC Act.
10.45

Grounds for defence in the commitment of the offence by commercial organization
i. Ministerial Guidelines on Adequate Procedures

ii. Introduction to the ISO37001: Anti Bribery Management System Standard.

  • Structure of the Standards
  • Explanation of the 10 clauses

iii. Process of Policies and Procedures (P & P) Development

  • Parallel engagement way of P & P development.
  • Business Processes
  • Identification of Bribery / Corruption areas
  • Policies and procedures owners
  • Whistle Blowing Policy and Procedures (how to raise a concern in confidence)
  • Training, Briefing and Awareness
  • Responsibilities of Internal Staffs and its Declarations.
  • Responsibilities of External Business Associates and its Declaration.

iv. Implementation of the Policies and Procedures

  • Integration into daily operation procedures and internal audit – where available
  • Inclusion into HR Policies and Procedures
  • Periodical checking, reporting, discussion, corrective and disciplinary actions
  • Reporting Loop
  • Corruption and Bribery Register Maintenance
  • Systems thinking way and Andragogy concept for successful implementation.
1:00 Lunch
2:00

Preventive Actions
i. Core Value Statement

  • What is it and what criteria should the statement fulfill.
  • Walk the Talk – Inculcating
5:00 End of Course