Malaysia legislation
Section 26
Section 26
Liability of director, etc., of statutory body
Where any person who commits an offence under this Act is a statutory body, a person who at the time of the commission of the offence was a director, compliance officer, manager, secretary or other similar officer of the statutory body or
Act 864
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 statutory body or was assisting in its management—
(a)
may be charged severally or jointly in the same proceedings with the statutory body; and
(b)
if the statutory body is found guilty of the offence, shall be deemed to be guilty of the 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; or
(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.
Power to exempt