Capital Market Director Programme (CMDP):
Licensed intermediary institutions play an important systemic role in the capital market ecosystem. The growth or decline of the capital market is influenced by, among others, the success and failure of these institutions. Hence, the quality of leadership at these institutions is paramount. Kiel et al., 2012 suggest four levels of competence required of a board. They are as follows:
Industry: Experience in and knowledge of the industry in which the organisation operates
Technical: Technical/professional skills and specialist knowledge to assist with ongoing aspects of the board’s role
Governance: The essential governance knowledge and understanding all directors should possess or develop if they are to be effective board members
Behavioural: The attributes and competencies enabling individual board members to use their knowledge and skills to function well as team members and to interact with key stakeholders
The Capital Market Director Programme (CMD) is an exclusive platform for directors and other strategic personalities of licensed intermediary institutions to equip themselves with new and relevant knowledge, skills and abilities (basic to intermediate level). The programme is also designed to allow them to explore and deliberate on pertinent issues affecting the industry from multi-stakeholders’ perspectives.
The specific objectives of the programme are as follows:
- Equip members of the board with knowledge and skills to provide leadership and oversight in the running of licensed intermediary institutions;
- Assist directors of licensed intermediary institutions in becoming an effective member of the board through the latest developments in regulations and challenges, business and governance in the capital market; and
- Promote a thorough understanding of the role of the Securities Commission in regulating a dynamic and competitive capital market.
This programme will also “strengthen intermediation standards and capabilities” as espoused by the Capital Market Masterplan 2 (CMP2).
Securities Commission Malaysia (2011) Capital Market Masterplan 2. Securities Commission, Kuala Lumpur.
Module 1: Directors as Gatekeepers of Market Participants
At the end of the module, participants will be able to:
- Understand the high-level contextual function of the board and the directors in discharging their mandates;
- Appraise the roles, duties, responsibilities and liabilities of directors as provided for in applicable laws relevant to licensed intermediaries;
- Apply the relevant key principles and recommendations of the Malaysian Code on Corporate Governance to oversee the compliance and performance roles of licensed intermediaries;
- Understand the critical functions played by independent directors in building confidence and trust for licensed intermediaries; and
- Exercise judgement appropriately in dealing with issues of legal and governance brought to the attention of the board.
*SIDC CPE points are recognised by FIMM, AICB and MIA
Newly appointed directors and directors of CMSL holders
OUTLINE MODULE 1 – DIRECTORS AS GATEKEEPERS OF MARKET PARTICIPANTS
|9.00 am||Core duties of directors – fiduciary duty, duty of care, skill and diligence and other legal and regulatory expectations as specified by the extant laws including but not limited to:
Discussion of recent selected enforcement cases.
|10.30 am||Coffee Break|
|10.45 am||Discussion of how the application of selected principles and recommendations of the Malaysian Code on Corporate Governance can deliver sustainable values for licensed intermediaries. The selected principles and recommendations include:
Independent directors as value enhancers or value destroyers;
Failure of governance and the implication on licence to operate – Case study.
|12.30 pm||End of Programme|
Partner, Lim Chee Wee Partnership
Lee Shih regularly acts in corporate disputes, cross-border disputes and international arbitrations. His work focuses on commercial and corporate litigation, fraud and asset recovery, and insolvency matters. He is the sole Malaysian member of ICC FraudNet, an international network of independent lawyers who are the leading civil asset recovery specialists in each country.
Chambers Asia-Pacific 2019 described him as “very dynamic, charismatic and sharp” and Legal 500 Asia-Pacific 2019 stated that “deeply knowledgeable international arbitration and insolvency specialist Lee Shih ‘never fails to deliver high-quality advice in his trade mark disarming fashion’.”
He graduated from the University of Bristol, England with a LLB (Hons) degree. He was admitted as a Barrister-at-Law (Gray’s Inn) and is an Advocate & Solicitor of the High Court of Malaya.
He is the co-author of ‘Companies Act 2016: The New Dynamics of Company Law in Malaysia’ and also authored the chapter on Companies & Securities for Bullen & Leake & Jacob’s Malaysian Precedents of Pleadings.
Chief Executive Officer, BoardRoom Malaysia
With over 30 years of experience in the corporate governance and corporate secretarial industry, Samantha is a strong advocate for corporate governance and boasts a robust presence within the capital markets in Malaysia. Her passion lies in guiding leaders to build resilient corporate structures that withstand the test of time. As the CEO of BoardRoom Malaysia, she provides leaders in the region peace of mind with her solid advice on corporate needs.
In her free time, Samantha enjoys hiking with her family where she can appreciate nature while she has some time away from the hustle of daily life.