Abstract
A company as a separate legal personality is liable in criminal cases as well as civil cases such as breach of contract or open to tort liability. It is acknowledged that there are still conceptual and practical issues in adopting this concept. There are two main methods of liability where company may be convicted; through vicarious liability and identification principles. In addition, statutes may also impose liability directly to a company without applying the common law principles. Corporate criminal liability will make the company more cautious in conducting their daily business to avoid the risk of prosecution. In fact, there are certain liabilities that can only be imposed on the company as an organisation without associating with any of its directors. Based on the case study and practice in Malaysia, and comparisons with the position in the United Kingdom and Australia; it is recommended that the concept of corporate liability be taken seriously to be developed in enhancing its role to increase good corporate governance in Malaysia.
| Original language | Malay |
|---|---|
| Journal | Jurnal Pengurusan |
| Volume | 51 |
| Publication status | Published - 1 Jan 2017 |
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ASJC Scopus subject areas
- Business and International Management
- Accounting
- Business, Management and Accounting (miscellaneous)
Cite this
Liabliti jenayah korporat di Malaysia mengikut perspektif tadbir urus korporat. / Mohd. Ali, Hasani.
In: Jurnal Pengurusan, Vol. 51, 01.01.2017.Research output: Contribution to journal › Article
}
TY - JOUR
T1 - Liabliti jenayah korporat di Malaysia mengikut perspektif tadbir urus korporat
AU - Mohd. Ali, Hasani
PY - 2017/1/1
Y1 - 2017/1/1
N2 - A company as a separate legal personality is liable in criminal cases as well as civil cases such as breach of contract or open to tort liability. It is acknowledged that there are still conceptual and practical issues in adopting this concept. There are two main methods of liability where company may be convicted; through vicarious liability and identification principles. In addition, statutes may also impose liability directly to a company without applying the common law principles. Corporate criminal liability will make the company more cautious in conducting their daily business to avoid the risk of prosecution. In fact, there are certain liabilities that can only be imposed on the company as an organisation without associating with any of its directors. Based on the case study and practice in Malaysia, and comparisons with the position in the United Kingdom and Australia; it is recommended that the concept of corporate liability be taken seriously to be developed in enhancing its role to increase good corporate governance in Malaysia.
AB - A company as a separate legal personality is liable in criminal cases as well as civil cases such as breach of contract or open to tort liability. It is acknowledged that there are still conceptual and practical issues in adopting this concept. There are two main methods of liability where company may be convicted; through vicarious liability and identification principles. In addition, statutes may also impose liability directly to a company without applying the common law principles. Corporate criminal liability will make the company more cautious in conducting their daily business to avoid the risk of prosecution. In fact, there are certain liabilities that can only be imposed on the company as an organisation without associating with any of its directors. Based on the case study and practice in Malaysia, and comparisons with the position in the United Kingdom and Australia; it is recommended that the concept of corporate liability be taken seriously to be developed in enhancing its role to increase good corporate governance in Malaysia.
KW - Corporate governance
KW - Corporate responsibility
KW - Criminal liability
KW - Identification principle
KW - Vicarious liability
UR - http://www.scopus.com/inward/record.url?scp=85044326988&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=85044326988&partnerID=8YFLogxK
M3 - Article
VL - 51
JO - Jurnal Pengurusan
JF - Jurnal Pengurusan
SN - 0127-2713
ER -