CMDP: Module 1 Directors as Gatekeepers of Market Participants

Capital Market Director Program

09
Jun 2020

9 June 2020

10:00 am - 12:30 pm

SIDC LMS

Speakers : Lee Shih | Devaneson Evanson

5 CPE
CPD*

MYR 1500 *Fee is not inclusive of 6% SST

CMDP: Module 1 Directors as Gatekeepers of Market Participants

CPD*

*SIDC CPE points are recognised by FIMM, AICB and MIA

Learning Hours

2.5 hours (including Pre & Post Assessments)

Session 1

Board Fundamental and Core Duties

  • Core duties of directors – fiduciary duty, duty of care, skill and diligence and other legal and regulatory expectations as specified by the extant laws.
  •  Discussion of recent selected enforcement cases.

Learning Outcomes

By the end of this session, participants will be able to:

  • Explain 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;

Session 2

Board and the Malaysian Code on Corporate Governance

  • Discussion on how application of selected principles and recommendations of MCCG can deliver sustainable values for licensed intermediaries.
  • Strengthening the composition of the board by having sufficient representation of non-executive directors of right competencies and skills to ensure independent oversight;
  • Effective risk oversight through sound and adequate risk management and internal controls systems.
  • Independent directors as value enhancers or value destroyers.
  • Failure of governance and the implication on licence to operate.

Learning Outcomes

By the end of this session, participants will be able to:

  • Describe on how to apply the relevant key principles and recommendations of the Malaysian Code on Corporate Governance to oversee the compliance and performance roles of licensed intermediaries;
  • Explain the critical functions played by independent directors in building confidence and trust for licensed intermediaries; and
  • Discuss how judgement can be exercised appropriately in dealing with legal and governance issues brought to the attention of the board.

Competencies

Core
Corporate Governance (Proficiency Level 4)
Core
Ethics & Integrity (Proficiency Level 4)
Foundational (Regulatory)
Capital Market Institutions (Proficiency Level 4)

Target Audience

Individual 

Newly appointed directors and directors of CMSL holders

 

 

Lee Shih
Litigation and Arbitration Partner, SKRINE

 

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.

 

 

Devaneson Evanson
CEO of the Minority Shareholders Watch Group (MSWG).

 

Devanesan Evanson is currently the CEO of the Minority Shareholders Watch Group (MSWG).

He is a qualified Accountant (FCCA) who is also a Chartered Member of the Malaysian Institute of Accountants. He also holds a law degree (LLB Hons) from the University of London. He is a Fellow member of the Institute of Internal Auditors Malaysia (FIIAM).

Devanesan also sits on the Board of AKPK (Agensi Kaunseling dan Pengurusan Kredit) as an Independent Director and is also the Chairman of the Audit Committee. AKPK is an agency under the auspices of Bank Negara which provides Credit Counseling and Debt Management Services for customers of financial institutions.

He is also a Past-President of the ACCA Advisory Committee, a Past-President of the Institute of Internal Auditors Malaysia and a Past-Council Member of the Malaysia Institute of Accountants.

Devanesan retired from Bursa Malaysia in 2010 after serving Bursa Malaysia for eighteen years. He started his career at Bursa Malaysia as Head of Internal Audit and Risk Management. He was also, at one time, the Chief Regulatory Officer and later, the Chief Market Operations Officer of Bursa Malaysia.

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