Malaysia

By Rosinah Mohd Salleh, AZMI & AssociatesScreen Shot 2017-12-15 at 4.34.41 pm

E: rosinah@azmilaw.com

 

Back in 2015, Bursa Malaysia, the Malaysian stock exchange, reported that the Global Risks 2015 report by the World Economic Forum identified that 70 percent of the top 10 risks were sustainability-related, which in turn “raises new risks and opportunities for businesses to understand” and ultimately affects its value.

Against that backdrop, and recognising the “greater demand and expectation for non-financial information to be provided alongside the financial information” to a company’s stakeholders, Bursa Malaysia introduced a requirement under its Main Market Listing Requirement and ACE Market Listing Requirement (collectively referred to as “Listing Requirements”) for the issuance by listed companies (PLCs) of a Sustainability Statement in their annual reports.

This requirement was introduced to be in line with the Malaysian Capital Markets Services Act 2007 and replaced the existing statement on corporate social responsibility practices previously required to be disclosed by PLCs. In essence, a Sustainability Statement is a narrative statement of a PLC’s management of material economic, environmental and social (EES) risks, including how they are identified, why they are important and how they are managed (see Paragraph 6.2(c), Practice Note 9).

All PLCs should ensure that the information in the Sustainability Statement is balanced, similar and important by referring to the sustainability reporting guide (Guide) issued by Bursa Malaysia. The implementation of the Sustainability Statement requirement for PLCs is done in stages as follows:

 

Screen Shot 2017-12-15 at 4.38.41 pm

 

Under the Ace Market Listing Requirement, Sustainability Statements must be included in the annual report for financial year end on or after December 31, 2018.

This sustainability framework, which was launched in October 2015, comprises the Guide and is complemented by the sustainability toolkits (Toolkit) containing guidance to PLCs on embedding sustainability in their organisations and reporting it. In identifying the material EES risks and opportunities, PLCs should take into account the themes set out in the Guide, which covers the business care for sustainability, providing case studies, and includes example disclosures while the Toolkit includes, among others, the method on how to collect and report sustainability data and information; the best practices in relation to sustainability data and disclosure; and examples of disclosures on themes and indicators.

The first round of Sustainability Statements has already been issued by some PLCs in its annual report for the financial year ending on or after December 31, 2016. The forms and depth of such first-time Sustainability Statements are understandably varied, as companies are still grappling over issues such as the “how to” and the “what”, as well as the diverse nature of material sustainability matters from company to company.

Although the initial reaction of PLCs on such requirement ranges from treating it as a mere compliance exercise or just another cost to incur, to scepticism as to its need or value, here and there we could already see some conscious efforts to address sustainability matters. One of the more recent efforts seen is assistance given to a company’s supply chain partners in flood prone areas.

In conclusion, although the reporting side is still in its infancy, efforts to address sustainability matters are gaining traction, and it could just be a matter of time before sustainability practice, as well as its reporting, becomes part of the DNA of a company, with Bursa Malaysia and the PLCs spearheading the agenda.

 

AZMI_2017Logo

 
W: www.azmilaw.co.id

E: rosinah@azmilaw.com

T: 603 2118 5000 Ext 5016

Tags: Capital Markets, Malaysia
Related Articles by Firm
Revised guidelines on the establishment and operations of Labuan leasing business
A key change requires Labuan leasing companies to establish substantial activities and perform strategic functions in Labuan.
Structuring a joint venture arrangement based on musharakah mutanaqisah
Parties that wish to form a joint venture in accordance with the principles of Shariah may consider forming such a venture based on the musharakah mutanaqisah concept.
Process and issues in dual listing or cross listing of Malaysian-incorporated listed companies
Dual listing is when a company’s shares are listed on two or more different exchanges in addition to its domestic exchange for the purpose of adding liquidity to the shares and allowing investors greater choice in where they can ...
Net energy metering guidelines in Malaysia
The government of Malaysia has introduced various incentives and strategies to encourage the growth of the renewable energy (RE) segment in Malaysia ...
Malaysia introduces audit exemption for certain private companies
The growth of small and medium-sized enterprises (SMEs) has played a significant role in the process of industrialisation worldwide ...
MALAYSIA: Managing risks along China’s belt and road initiative
China’s belt and road initiative (BRI) involves Chinese companies investing in or with companies in the belt-and-road countries ...
Malaysia: Maintaining a compliance programme
A compliance programme is, simply put, a set of guidelines and procedures developed internally within an organisation to ensure that it abides by the laws and regulations ...
Fintech in Malaysia: Trends and recent legal developments
Financial services institutions in Malaysia have made aggressive efforts to embrace and keep pace with fintech ...
Related Articles
IHC Magazine: April 2024 issue featuring Firms of the Year 2023 Results
As we round off the first quarter of this year, we are proud to showcase our IHC Firms of the Year for 2023. These firms have been selected by our IHC community in recognition of their invaluable contribution to their clients’ ...
Related Articles by Jurisdiction
Introducing the tort of sexual harassment
The Malaysian Federal Court in the case of Mohd Ridzwan bin Abdul Razak v Asmah binti Hj Mohd Nor recently delivered a landmark judgment ...
Asia’s new arbitration hub
Arbitration in Malaysia had a recent revamp in the form of legal developments and exciting new premises. Though the Kuala Lumpur Regional Centre for Arbitration (KLRCA) has plenty of competition within Asia, it hopes that its ...
Hema Latha Sinnakaundan, Sun Life Malaysia
Asian-mena Counsel speaks to the general counsel, chief compliance officer and company secretary of Sun Life Malaysia about her role and the changing nature of the in-house legal function ...
Latest Articles