Malaysia legislation
Section 9
Section 9
New sections 42a and 42b
The principal Act is amended by inserting after section 42
the following sections:
“Liability of director, etc., of company, etc.
Quoted provision
Section 42a
Where any person who commits an offence under this
Act or any regulations made under this Act is a company, limited liability partnership, firm, society or other body of persons, a person who at the time of the commission of the offence was a director, compliance officer, partner, manager, secretary or other similar officer of the company, limited liability partnership, firm, society or other body of persons or was purporting to act in the capacity or was in any manner or to any extent responsible for the management of any of the affairs of the company, limited liability partnership, firm, society or other body of persons or was assisting in its management—
(a)
may be charged severally or jointly in the same proceedings with the company, limited liability partnership, firm, society or other body of persons;
and
(b)
if the company, limited liability partnership, firm, society or other body of persons is found guilty of the offence, shall be deemed to be guilty of that offence and shall be liable to the same punishment or penalty as an individual 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; and
National Security Council (Amendment)
(ii)
that the offence was committed without his consent or connivance and that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
Liability of person for act, etc., of employee, etc.
Quoted provision
Section 42b
Where any person would be liable to any punishment or penalty under this Act or any regulations made under this
Act 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 by 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.”.