Virtual Classroom Training
Juliany,
03 2283 6109
juliany@ipa.com.my
Phoebe,
03 2283 6100
phoebe@ipa.com.my
FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@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
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OVERVIEW |
MACC Act since 2009 has been mainly cover individuals because Companies by itself is not a natural person and is treated as having inability to commit criminal offences due to its lack of Actual Physical Existence and have intention to commit offences, even though the companies could be the one that benefit from the briberies and corruption act of its associates including employees.
Hence Section 17A, a new section in the MACC act which has been effective since 1/6/2020 will cover this gap.
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 20 years in prison or both.
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.
Hence S17A(4), allows it as 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 4-hour interactive course is to help participants to be aware of such legislations and defense availability and implement an effective anti-bribery management system. |
AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB… |
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WHO SHOULD ATTEND |
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METHODOLOGY |
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