Malaysia legislation
Section 49
Section 49
(a)
may be charged severally or jointly in the same proceedings with the body corporate; and
(b)
if the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless having regard to the nature of his functions in that capacity and to all circumstances, he proves —
i.
that the offence was committed without his knowledge, consent or connivance; and ii.
that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
(2)
Where any person would be liable to any punishment or penalty under this
Enactment for any act, omission, neglect or default committed —
(a)
by that person’s employee in the course of his employment;
(b)
by that person’s agent when acting on behalf of that person; or
(c)
by the employee of that person’s agent when acting in the course of his employment with that person’s agent or otherwise on behalf of that person’s agent acting on behalf of that person, that person shall be liable to the same punishment or penalty for every such act, omission, neglect or default of that person’s employee or agent, or of the employee of that person’s agent.
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Guidelines or directions by Director