KUALA LUMPUR HIGH COURT SENTENCED COMPANY DIRECTOR TO ONE (1) YEAR IMPRISONME...

ks_w

KUALA LUMPUR HIGH COURT SENTENCED COMPANY DIRECTOR TO ONE (1) YEAR IMPRISONMENT FOR MISAPPROPRIATING COMPANY’S MONEY



Monday, 19 November 2012 - Noorhamizam bin Hamid, the director of Rebana Emas Sdn Bhd was sentenced to one (1) year imprisonment by the Kuala Lumpur’s High Court for committing an offence under section 132(1) of the Companies Act (CA) 1965.

Noorhamizam bin Hamid had previously on 23 February 2012 pleaded guilty to the charge in the Sessions Court and was sentenced to pay fine of RM12,000.00 in default five (5) months imprisonment. Suruhanjaya Syarikat Malaysia (SSM) dissatisfied with the decision of the Sessions Court filed an appeal to the High Court.

The charge against Noorhamizam read that he did not exercise his powers for a proper purpose and in good faith in the best interest of the company as he had misappropriated company’s money of RM160,000.00 into his personal bank account.

SSM hopes the aforesaid landmark decision serves as a reminder to all company directors that they have to perform their duties with high integrity and exercise the highest quality of good governance.   

Deputy Public Prosecutor, Puan Nur Izzaini Ishak appeared on behalf of the Public Prosecutor.

ISSUED BY     :   SURUHANJAYA SYARIKAT MALAYSIA (SSM)
DATED           :   20 NOVEMBER 2012

资料来源：
http://www.ssm.com.my/en/press-r ... 1-year-imprisonment

hopeless84

这个case算是亏空公款巴。
有没有director没有遵守statutory compliance被判坐牢的/？

ks_w

hopeless84 发表于 21-1-2013 11:28 PM
这个case算是亏空公款巴。
有没有director没有遵守statutory compliance被判坐牢的/？

我也没这个案件的详情，我是在SSM的网站看到的。
里面提到了 section 132(1) of the Companies Act (CA) 1965，还有是 he did not exercise his powers for a proper purpose and in good faith in the best interest of the company as he had misappropriated company’s money of RM160,000.00 into his personal bank account.

根据公司法：

Section 132. As to the duty and liability of officers.

(1) A director of a company shall at all times exercise his powers for a proper purpose and in good faith in the best interest of the company

ihateaccountax

就是講不可以有 amount owing by director account???

manud92

ihateaccountax 发表于 28-8-2017 12:31 PM
就是講不可以有 amount owing by director account???

重点是not proper和 not in good faith，
当然amount due by director只是indication，不conclusive to offence

tstan88

Rm 160k only fine 12k?

ihateaccountax

tstan88 发表于 6-9-2017 10:25 AM
Rm 160k only fine 12k?

你要读完整编

SSM 就是不滿意 RM12,000
所以appeal to High Court


最后法庭判 director 做牢

tstan88

ihateaccountax 发表于 7-9-2017 04:00 PM
你要读完整编

SSM 就是不滿意 RM12,000
所以appeal to High Court


最后法庭判 director 做牢

Aiyo , so serious!~