Programme Outline
What happens when your D&O protection doesn’t deliver — and your personal liability is on the line?
In Malaysia, directors face rising legal, reputational and financial exposure, from breaches under the Companies Act 2016 to risks stemming from ESG misreporting, cyber incidents, and insolvency. As boards take on greater oversight in complex environments, the assurance of Directors & Officers (D&O) insurance becomes both a safety net and a strategic lever. Yet not all policies will respond equally — and not all directors understand the nuances of coverage limitations, policy triggers, and exclusion pitfalls under Malaysian law and regulatory practice.
Recent years have seen insurers across the region tightening D&O terms, increasing premiums, and narrowing definitions of “wrongful acts” — particularly in high-risk industries and listed companies. With regulators such as Bursa Malaysia, the SC, and MACC raising expectations around governance and disclosure, the risk of personal exposure is no longer theoretical. Malaysian boards must now consider how indemnity clauses, board charters, policy terms, and crisis response mechanisms interplay — and whether their current D&O arrangements are fit for purpose.
This session delivers a deep dive into D&O structures from a director’s perspective: Side A, B, C — what they mean, when they fail, and how to audit your protection proactively. We will unpack real-world scenarios, court decisions, and insurer practices in Malaysia and ASEAN to highlight what directors need to ask for — and what they need to avoid. From tail coverage and pollution carve-outs to ESG-linked claims and cyber exclusions, no aspect will be left unexplored.
Learning Outcomes
- Dissect Malaysian D&O Coverage Frameworks: Understand the architecture of D&O coverage (Side A/B/C), how indemnity and insurance interact under the Companies Act 2016, and the typical exclusions or grey zones in local policies.
- Identify Emerging Liability Risks: Recognise red flags in ESG misreporting, cybersecurity breaches, insider trading, and regulatory non-compliance that may fall outside coverage — and develop mitigation plans.
- Strategically Align Board Processes with D&O Strategy: Evaluate board governance, disclosures, charters, and conflict protocols through the lens of insurer perception, risk underwriting, and liability avoidance.
- Respond Effectively in High-Stakes Scenarios: Learn how to trigger a claim, protect confidentiality, engage with insurers, and align legal counsel with board strategy — especially when personal liability is alleged.
