Liabliti jenayah korporat di Malaysia mengikut perspektif tadbir urus korporat

Translated title of the contribution: Corporate criminal liability from a corporate governance perspective

Research output: Contribution to journalArticle

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 languageMalay
JournalJurnal Pengurusan
Volume51
Publication statusPublished - 1 Jan 2017

Fingerprint

Corporate governance
Liability
Malaysia
Common law
Tort
Statute
Breach of contract

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 journalArticle

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