MSWG Weekly Newsletter 08 March 2019 (English)
08 March 2019
MESSAGE FROM THE CEO
Why Two-tier Voting Must be Made a Rule Under the Listing Requirements
The Malaysian Code on Corporate Governance (MCCG) was published in April 2017.
It is going to be close to two years now and we still find companies that do not adopt the Two-tier voting process for independent directors beyond the 12-year tenure.
The excuses/reasons are about the same and not convincing:
- It is against the Companies Act 2016 (although the SC has, in an FAQ, explained why the Two-tier voting process does not offend the Companies Act 2016)
- We need to change our Constitution – a change that can be done expeditiously but is often not carried out expeditiously
- Our directors know best (yes, there are such companies and we will share the names of these companies with the regulators)
- We have explained an ‘alternative’ as required by the MCCG – regardless of whether the ‘alternative’ is a suitable substitute in substance for the advocated Practice