Is adoption of the Malaysian Code on Corporate Governance compulsory?

Corporate Governance

In the FAQ on the MCCG, the Securities Commission Malaysia states that the MCCG is a set of corporate governance best practices for companies to adopt.

The Bursa Listing Requirements require PLCs to ensure that their board of directors provide an overview of the application of the principles set out in the MCCG, in their annual reports.

PLCs must disclose the application of each practice set out in the MCCG during the financial year, to Bursa Malaysia in Corporate Governance Report and announce the same together with the announcement of the annual report. PLCs must state in their annual reports, the designated website link or address where such disclosure may be downloaded.

The Listing Requirements also require PLCs that have departed from a practice in the MCCG to:
β€’ provide an explanation for the departure; and
β€’ disclose the alternative practice adopted and how such alternative practice achieves the intended outcome as set out in the MCCG.

If a company fails to do so, it is in breach of the Listing Requirements. Bursa may take action or impose actions or penalties as it considers appropriate in the event of breach of Listing Requirements.

#malaysiancorporatelawyer
#MCCG
#corporategovernance

This post was first posted on Linkedin on 30 April 2021.

Linkedin Post
M&A: What you need to consider for sale and purchase agreement

Before diving headlong into drafting the sale and purchase agreement for an M&A transaction, take some time to understand the business of the target company and the regulatory framework in which it operates. Consider the following: 1.Β π—•π˜‚π˜€π—Άπ—»π—²π˜€π˜€ π—”π—°π˜π—Άπ˜ƒπ—Άπ˜π—Άπ—²π˜€: What are the business activities of the target company? What products or …

Linkedin Post
Five key steps for legal due diligence

Most lawyers are good at identifying issues, but legal due diligence shouldn’t be limited to merely reviewing documents and identifying issues. Here are my five steps for conducting legal due diligence: 1. Identify the issues based on the scope of legal due diligence as agreed with the clients. 2.Β Provide recommendations …

Linkedin Post
Begin with the end in mind: Post-completion integration

I once worked on an M&A deal that took more than a year to complete. While the deal was not inherently complex, it dragged on due to delays in finalizing the details of the transaction agreements for reason beyond my control. As the deal involved a larger corporation acquiring a …