Gaming the system

CREATIVE circumvention has now become easier than ever, despite both rules and codes that have been updated to reflect the latest developments in good corporate practices. The Malaysian Code of Corporate Governance was updated in April 2017 while the Companies Act 2016 came into force on Jan 1, 2017 as regulators attempt to upgrade existing […]

The name-and-shame game

Will singling out listed companies with all-male boards start a trend? IF A company isn’t bothered about its reputation, it’s safe to assume that the company isn’t meant to be around for long. Most businesses care about what others think of them. That’s because they deal all the time with customers, lenders, suppliers, employees, investors, […]

Director’s Conflict of Interests

by Premkumar Ramanathan Fiduciary obligation of directors is always to act in the best interest of the company that they serve. It is no doubt that directors should act in good faith by putting the interests of the company that they serve ahead of their own; exercise their business judgement rule and observe the duty of […]

Can Auditors Withdraw Their Audit Opinions?  

The Star reported about auditors of a public listed company in Malaysia declaring that audit opinion on the financial statement of that company is no longer reliable. As far as I could recall, this is the second time in Malaysia where auditors publicly declared that reliance should not be given to their auditors reports as […]

3 ways to help your board get wiser about sustainability

As climate risks loom larger in the corporate world — threatening the long-term viability of certain supply chains and product lines, not to mention reputation — how can corporate boards of directors gauge and respond to them more thoughtfully and effectively? It’s an increasingly relevant question, especially now that it’s annual meeting season, the time […]

Embracing Creative Tension in the Board Room

Board Evaluations That Go from “Check-the-Box” to Transformative by Phil Neiswender What board member hasn’t heard, “The board speaks with one voice or not at all”? Every board should agree on the core beliefs that support the success of its organization. Projecting a unified message that reflects those core beliefs is critical. However, sometimes the […]

Effective Anti-Bribery and Anti Corruption Compliance Programs

By Nate Bush, O’Melveny & Myers LLP Compliance with anti-bribery and anticorruption (ABAC) laws has become a high priority both for multinational companies active in Asia and for Asia-based corporate groups expanding overseas.  Implementing robust compliance policies and procedures is a vital step towards managing ABAC enforcement risks. What are ABAC Laws? ABAC laws generally […]