Post Companies Act 2016 And Listing Requirements: Seeking Out Best Practices

Past Programmes

10
Oct 2019

8:30 am - 1:00 pm

Securities Commission Malaysia

Speakers : KENNETH FOO POH

10 CPE

MYR 550 *Fee is not inclusive of 6% SST

Post Companies Act 2016 And Listing Requirements: Seeking Out Best Practices

 

The new legal framework in the Companies Act 2016 (CA) came into force in January 2017, consisting of 5 parts, 620 sections and 13 schedules. This is in comparison with the Companies Act 1965, which was made up of 12 parts, 374 sections and 10 schedules. Subsequent to the announced changes in CA, Bursa Malaysia announced various amendments to the Listing Requirements (LR), which took effect in January 2018. This translates into additional compliance requirements under the CA and LR for public-listed companies (PLCs). What are the best practices that has been and should be adopted for after changes to the CA and LR?

This programme will provide updates on the changes relevant to PLCs and highlights best practices that companies have and should adopt after the new development in CA and LR. Corporate governance practices and enhancement to board compliance will also be elaborated.

Programme Objective

This programme is designed to provide the latest developments on how changes from the Company Act 2016 and Bursa Malaysia’s Listing Requirements will impact public-listed companies.

Learning Outcomes

Upon completion of this programme, participants will be able to:

  1. describe the latest developments of CA 2016 and LR and its impact to PLCs
  2. discuss compliance requirements of PLCs under the CA2016 and LR
  3. elaborate the role of CA 2016 and LR in strengthening governance practices in the boardroom
  4. evaluate organisational best practices in support of the regulatory requirements under the CA 2016 and LR amendments

Competencies

Foundational (Regulatory Knowledge) – Capital Market Institutions
Core – Corporate Governance

Target Audience

Individual 

Board of Directors, company secretaries, lawyers, accountants, corporate consultants, Capital Markets Services Representative’s Licence holders, professionals undertaking corporate advisory work.

Institutions 

PLCs, legal firms, consultancy firms, accounting firms, fund management companies, stockbroking firms, investment banks

8.30 am Registration
9.00 am Latest developments of CA 2016 and LR and its Impact to Public Listed Companies

  • Legal requirements under Companies Act 2016

 

9.45 am Coffee Break
10.00 am CA2016 and LR: Requirements for Public Listed Companies

  • Compliance requirements under the CA2016 and LR
    • Enforcement actions, offences and penalties
  • Audit exemption: Criteria, observations and issues that may arise
  • Disclosure by substantial shareholders: Safeguarding investors’ interest
  • Financial reporting requirements and online reporting

 

11.00 am Strengthening Governance Framework in the Boardroom

  • Enhancing board compliance: Statutory and fiduciary duties
  • Division of power between the board and shareholders
  • Challenges for the board under the Act, MCCG and Bursa LR

 

12.00 pm Organisational Best Practices: Adoption of CA2016 and Bursa LR

  • Business review report: Reporting beyond financial statements
  • AGM: Electronic communication with shareholders

 

1.00 pm End of Programme

SPEAKER: Kenneth Foo Poh

Kenneth Foo Poh Khean is a Chartered Company Secretary practising since 1991 under his firm of KL Management & Secretarial Services. He attended TAR College in 1980 where he sat for and passed the examinations conducted by the Institute of Chartered Secretaries & Administrators, United Kingdom in 1982. Subsequently, he obtained his Bachelor’s Degree in Law in 1992, and the Certificate in Legal Practice (CLP) in 1993.

He served as a Council member of the Malaysian Institute of Chartered Secretaries & Administrators (MAICSA) from 2006 to 2009 and has been a member of various Committees in MAICSA since 2003 until to-date. Kenneth is currently the honorary secretary of the Malaysian Corporate Counsel Association, a non-governmental organization for in-house corporate counsels in Malaysia. He is also an adjunct lecturer at Universiti Kolej Tunku Abdul Rahman, Kuala Lumpur in corporate law, corporate secretarial practice and corporate governance.

Kenneth is an accredited speaker and trainer for Malaysian Institute of Chartered Secretaries & Administrators (MAICSA), Malaysian Association of Company Secretaries (MACS), Malaysian Institute of Accountants (MIA), COMTRAC and Institute of Approved Company Secretaries (IACS).

He also conducts in-house seminars and workshops for various corporations, most recently for the Centre For Islamic Banking, Finance And Management (CIBFM) in Brunei Darussalam, Bernas (Padi Beras Nasional Berhad), Curtin University, Kumpulan Darul Ehsan Bhd, Malaysian Anti-Corruption Commission, Panasonic Appliances Refrigeration Devices Malaysia Sdn Bhd, Petronas, Perbadanan Kemajuan Negeri Selangor (PKNS), Sarawak Consolidated Industries Berhad, Sime Darby, Toyo Engineering & Construction Sdn Bhd and Usaha Tegas Sdn Bhd.

Kenneth is also a regular contributor to MAICSA’s quarterly journal, “The Corporate Voice” with articles featuring corporate governance and compliance.

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