Section 17A Anti-Bribery Compliance Framework (ABMS)
Section 17A Corporate Liability — Anti-Bribery Compliance Framework
A commercial organisation is liable for corruption committed by anyone associated with it. Adequate procedures are the defence, and they have to exist before anything happens.
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Real lawyers, one team behind every matter
Who this is for
Sound familiar?
Commercial organisations of any size operating in Malaysia
Businesses using agents, distributors, subcontractors or intermediaries
Companies bidding for or performing government and GLC contracts
Boards and senior officers exposed to the personal deeming provision
Organisations with a policy on paper but no evidenced implementation
What's at stake
What is really at stake
- 01Section 17A of the MACC Act makes a commercial organisation liable where a person associated with it gives a bribe for the organisation's benefit.That includes employees, agents, distributors and subcontractors, and it operates whether or not management knew.
- 02Directors and senior officers face a deeming provision that puts the burden on them personally.
- 03The one defence is having had adequate procedures in place.Not a policy circulated last year. Procedures that were designed, implemented, communicated, monitored and documented — before the conduct occurred.
In plain words
Section 17A Anti-Bribery Compliance Framework (ABMS)
Design and implementation of an anti-bribery compliance framework built around the adequate procedures defence — risk assessment, policy, third-party due diligence, controls over gifts, hospitality and donations, training, whistleblowing, and the monitoring and record-keeping that make the framework evidenced rather than merely stated.
What good looks like
Imagine being able to produce, on request, a documented risk assessment, a live policy, third-party due diligence records, training logs and monitoring reports. The framework is not a binder on a shelf. It is a record you can rely on.
What you get
What we deliver
Scope and fee are agreed in writing before any work starts, so you know exactly what you are getting.
- 01
Corruption risk assessment across operations and third parties
- 02
Anti-bribery policy and supporting procedures
- 03
Third-party due diligence process and contractual clauses
- 04
Gifts, hospitality, donations and conflicts controls
- 05
Training, whistleblowing, monitoring and record-keeping framework
How we work
Clear from the first conversation
- 1
Send a short request
Tell us what the matter is about. It takes under a minute and stays confidential.
- 2
Akmal sets a time with you
We reply within 30 minutes in office hours to arrange your consultation, online or at our KL or JB office.
- 3
Advice, then a written proposal
You get a clear view of the issues and options, then a written scope and fee proposal.
- 4
Work begins on the agreed scope
Akmal leads the matter with a team of our lawyers, working to the scope you approved. You get regular updates at every key step.
Who leads your matter
Led by Akmal Saufi, supported by our team
Akmal leads your matter as Partner. Depending on the work, other lawyers in our team handle parts of it day to day, with Akmal overseeing the matter.
Akmal Saufi
Partner, Messrs Akmal Saufi & Co
- Advocate & Solicitor, Malaysia
- Over 13 years in transactional work: M&A, joint ventures, land and infrastructure
- LLB (Hons), International Islamic University Malaysia
The team behind your matter
Meet the team →Who we have acted for
Organisations we have acted for
Federal government agencies & statutory bodies
Johor state bodies & local authorities
Government-linked companies
Private sector & NGOs
Shown with permission. Government agencies, statutory bodies and government-linked companies are identified as such. Their inclusion does not imply endorsement by any government, ministry or agency.
Next step
Request a consultation with Akmal
- 1Send a short request. It takes under a minute.
- 2Akmal reviews it and arranges a time with you.
- 3You get clear advice, then a written scope and fee proposal.
We reply within 30 minutes · Mon–Fri, 8:30am–5:30pm
Your details stay confidential. Sending a request does not mean you have appointed us.
- Licensed advocates & solicitors
- Professional indemnity insured
- Offices in KL & JB
Questions
Frequently asked questions
Still unsure? Send a short request and Akmal will tell you plainly whether and how we can help.
Does Section 17A apply to small companies?
What counts as adequate procedures?
Are we liable for what an agent does?
Is a policy document enough on its own?
We already have a policy. Can you review it?
What is Legal That Works?
What if I’m not sure what legal service I need?
Who will be helping me?
Before you sign
The cost of waiting
Adequate procedures are assessed as at the time of the conduct. A framework built afterwards cannot support the defence.
We reply within 30 minutes · Mon–Fri, 8:30am–5:30pm
