Related Party Transactions: How to Mitigate Transfer Pricing Risk

  • Concept of transfer pricing (TP)
  • Malaysian TP rules and documentation requirements
  • Common TP audit focus areas
  • TP penalty regime
  • How to mitigate TP risk?

Payment To Non-Residents: Do We Need To Withhold Tax? & Debt vs. Equity Funding–Which is more Tax Efficient?

  • Concept of withholding tax (WHT)
  • Types of payments subject to WHT
  • Obligations of Malaysian payers
  • Implications of non-compliance
  • Record keeping
  • Characteristics of Debt vs. Equity Funding
  • Hybrid instruments
  • Interest vs. Dividend Income – taxable?
  • Common tax issues on interest expense
  • Debt vs. Equity: Is one better than the other?

Detecting Financial Fraud & Overview of the Companies Act 2016, Practical Insights & Challenges

  • Why financial frauds happen?
  • Who are the fraudsters?
  • Why financial frauds go undetected?
  • What are the sources of detection?
  • What are the financial and personal red flags?
  • Why boards fail to detect financial frauds?
  • Case studies on companies listed on Bursa Securities
  • Highlight of changes incorporated into the New Act
  • Requirements to have a Constitution
  • Contracts – What to watch out for
  • Dividend Distribution
  • Decoupling of Annual Returns & sending out Financial Statements
  • Change involving payment of Directors Fees & Remuneration
  • Sole Director Sole Shareholder company
  • Mode of passing resolutions
  • End of term for Auditors

Guidelines on Conduct of Directors of Listed Corporations & Their Subsidiaries, Issued
by Securities Commission, Analysis of Corporate Governance Monitor 2019 & 2020 and
Revised Malaysian Code on Corporate Governance

  • Conduct Requirements for Directors
  • Managing Conflict of Interest
  • Maintaining Proper Records and Accounts
  • Guidance on Group Governance
  • Major observations from Bursa’s review of Corporate Governance Reports
  • Examples of quality disclosures in Corporate Governance Reports
  • Focus areas and principles of the revised MCCG
  • Key features of the new Practices, revised Practices and enhanced Guidance
  • Highlight of gap analysis of company’s current Practices against the revised MCCG
  • Regulatory requirements in adopting the MCCG Practices and Guidance
  • Implications on the Board and Management

Related Party Transactions, Recurrent Related Party Transactions & Percentage Ratios

  • Framework for Related Party Transactions and Recurrent Related Party Transactions
  • Definition of Related Party Transactions
  • Who are the Related Parties?
  • What are the disclosure requirements under Listing Requirements?
  • What are the exemptions available under the Listing Requirements?
  • What are the Corporate Governance Practices for Conflict of Interest and Related Party Transactions?
  • Types of Percentage Ratios
  • Usage of Percentage Ratios
  • Calculation of Percentage Ratios
  • Rule of Aggregation of Transactions

Revised Malaysian Code on Corporate Governance and Sustainability Reporting

  • Focus areas and principles of the revised MCCG
  • Key features of the new Practices, revised Practices and enhanced Guidance
  • Highlight of gap analysis of 3A’s current Practices against the revised MCCG
  • Regulatory requirements in adopting the MCCG Practices and Guidance
  • Implications on the Board and Management
  • How Sustainability impacts the economy, environment and social elements?
  • What are the key benefits from integrating Sustainability in your business?
  • What the responsibilities of the Board and Senior Management in managing Sustainability matters?
  • What are the reporting requirements for identification, measurement, and management of Sustainability matters?

Roles and Responsibilities of Directors in relation to Financial Statements (Training Needs as Required by Bursa Securities)

  • Roles and responsibilities of Board of Directors and Senior Management vis-à-vis financial statements
  • Sharing of experiences on how to deal with common reasons affecting the timely submission of financial statements and deviation of announced results from audited financial statements
  • What if you don’t comply with the submission deadline?
  • How to ensure timely submission of accurate financial statements?
  • Are you asking the right questions when you review financial information?
  • Common pitfalls in deviation of financial statements
  • How are transactions reported in financial statements?
  • Areas to watch out for under the current economic condition
  • Insights into Financial Reporting Implementation Issues in Malaysia
  • What effects would future FRS on financial statements?

Cybersecurity, Business Continuity and Sustainability & Environmental, Social and Governance

  • A holistic approach to cyber threats
  • Emerging considerations & questions Boards should be asking
  • Overview of BCM concepts & latest development in business environment (global & local perspectives)
  • Key elements of BCM framework & processes
  • Benefits & advantages of having an optimum BCM program
  • Common challenges encountered in BCM implementation
  • Tips & experiences sharing
  • Provide insight into global & local drivers accelerating sustainability
  • Understand Environmental, Social & Governance-related opportunities and risks
  • Introduce how-to frameworks (e.g. GRI, TCFD) & easy-to-use onboarding tools
  • Explore stakeholder expectations, measurable indicators & potential action plans & goals that can be undertaken to become more sustainable
  • Highlight global and local concerns including topics, such as climate change and decarbonisation
  • Learn to communicate performance and address stakeholder info needs

Application of Fit & Proper Policy, and Winning the Sustainability Game Through Risk Management

  • How the Nominating Committee applies the Fit and Proper Policy for appointment and re-election of Directors?
  • What are the disclosures to be included in the Annual Report on the application of Fit and Proper Policy?
  • Risk and complexity in 21st century organisations
  • Case studies on ERM and leading organisation risk and control failures: What went wrong?
  • Why Board needs to focus on strategic risks?
  • Establishing an effective risk management framework: Tools and techniques
  • Recent changes affecting risk management
  • Managing investment and project risk

Compliance and Disclosure of The Listing Requirements

  • To explain Bursa Securities’ Corporate Disclosure Policy towards the Company’s disclosure requirements
  • To understand dealings in securities during and outside closed periods and insider trading
  • To understand the Listing obligation, in relation to normal transactions and related party transactions
  • To brief on the new disclosure requirements as prescribed under the Listing Requirements in the preparation of Sustainability Statement

Corporate Disclosure Policy with Case Studies and Directors’ Dealing in Securities & Insider Trading

  • Objectives of Corporate Disclosure Policy
  • Disclosure of Material Information
  • Thorough Public Dissemination of Information
  • Clarifications of Rumours & News Articles
  • Response to Unusual Market Activity
  • Unwarranted Promotional Disclosure
  • Withholding of Material Information
  • Financial Statements – Timeliness and Adequacy
  • Provision of Financial Assistance
  • Definitions of dealings in securities
  • Dealings in securities during and outside closed periods
  • Insider trading – Listing Requirements & Capital Markets and Services Act 2007
  • Types of insider trading cases
  • Investigations and evidence
  • Case studies

Understanding the Challenges of Compliance with Listing Requirements

  • Overview of Enforcement Action Against Company and Directors
  • Financial Statements and Annual Report Disclosures
  • Corporate Disclosures Policy
  • Transactions – Acquisitions and Disposals of Assets
  • Financial Assistance
  • Insider Trading Cases
  • Risk Management and Internal Controls
  • Case Studies
Training Programme Number
  • TP1000171529 – Related Party Transactions: How to Mitigate Transfer Pricing Risk (4 hours)
  • TP1000172651 – Payment To Non-Residents: Do We Need To Withhold Tax? & Debt vs. Equity Funding – Which is more Tax Efficient? (4 hours)
  • TP1000195608 – Detecting Financial Fraud & Overview of the Companies Act 2016, Practical Insights & Challenges (4 hours)
  • TP10001102492 – Guidelines on Conduct of Directors of Listed Corporations & Their Subsidiaries, Issued by Securities Commission, Analysis of Corporate Governance Monitor 2019 & 2020 and Malaysian Code on Corporate Governance (Revised) (4 hours)
  • TP10001106736 – Related Party Transactions, Recurrent Related Party Transactions & Percentage Ratios (4 hours)
  • TP10001112344 – Malaysian Code on Corporate Governance (Revised) (“MCCG”) & Sustainability Reporting (4 hours)
  • TP10001200237 – Roles and Responsibilities of Directors in relation to Financial Statements (Training Needs as Required by Bursa Securities) (4 hours)
  • TP10001237719 – (MC) Cybersecurity, Business Continuity and Sustainability & Environmental, Social and Governance (4 hours)
  • TP10001246704 – (MC) Application of Fit & Proper Policy, and Winning the Sustainability Game Through Risk Management (4 hours)
  • TP10001257301 – Compliance and Disclosure of The Listing Requirements (8 hours)
  • TP10001261024 – Corporate Disclosure Policy with Case Studies and Directors’ Dealing in Securities & Insider Trading (4 hours)
  • TP10001292160 – Understanding the Challenges of Compliance with Listing Requirements (4 hours)