🌍 Climate Risks & Directors’ Duties in #Malaysia How should Malaysian directors address the challenges of #climaterisks? The fourth edition of our Directors’ Duties Navigator (linked in the comments 👇) produced with the Climate Governance Initiative, offers the latest insights. 📚 Many thanks to the authors: Francine Paul and To’ Puan Janet Looi of Skrine Malaysia for their contributions. 📌 Key Developments in Malaysia ➡️ Financial Institutions: Bank Negara Malaysia (BNM) issued the Climate Change and Principle-based Taxonomy, mandating that financial institutions embed climate considerations into all business strategies. ➡️ Green Funding: The government introduced a RM1 billion biodiversity sukuk (Islamic bond) to fund biodiversity restoration, including forest replanting for carbon credits. 📌 Key findings on Directors’ Duties ➡️ Legal Risks: A legal opinion commissioned by the CCLI (link in comments 👇 ) highlights that directors who fail to address climate risks may expose themselves to statutory and common law liability. This could also manifest as tangible risks for their companies. ➡️ Securities Commission Malaysia Guidelines: Directors of listed companies must establish and ensure that the group-wide framework on corporate governance include, amongst others, managing material #sustainabilityrisks. ➡️ Malaysian Code on Corporate Governance: Emphasizes integrating sustainability into corporate strategy, governance, and decision-making to create durable and sustainable value and maintain confidence of their stakeholders. 📌 Disclosure Requirements ➡️ Proposed National Sustainability Reporting Framework: Phased requirements on listed companies and large non-listed companies (annual revenue ≥ RM2 billion) to incorporate the standards issued by the International Sustainability Standards Board (ISSB) in their annual reports. ➡️ Listed Companies: Enhanced requirements from 31 December 2024, including prescribed sustainability matters and climate-change related disclosures in line with the FSB Task Force on Climate-related Financial Disclosures (TCFD) recommendations. ➡️ Financial Institutions: Required to establish a board-level policy on climate disclosures and make annual climate-related disclosures in line with TCFD requirements. 📌 Biodiversity in Focus ➡️ Malaysia’s Financial Sector Blueprint 2022-2026 prioritizes biodiversity alongside climate. ➡️ Twelfth Malaysia Plan (2021-2025) identifies biodiversity loss as a key challenge, aiming to reduce reliance on natural resources. ➡️ The CCLI has published a report on how companies in Malaysia and other jurisdictions may depend on biodiversity for the functioning of their business models. Biodiversity risks may constitute material financial risks which boards are required to consider within the purview of directors’ duties. 👉 Read the full Malaysia section to find out more! #ClimateAction #SustainabilityLeadership #CorporateGovernance #ClimateDisclosure
➡️ Download the full analysis on directors' duties in Malaysia here: https://share.hsforms.com/1Iu-b8svhRUOVDyBIDR0Nqgsi483
You can access all other jurisdictions covered by the Navigator here: https://commonwealthclimatelaw.org/directors-duties-navigator-climate-risk-and-sustainability-disclosures-fourth-edition-2024/