Anti-Bribery
& Corruption

1. INTRODUCTION

MK Land Holding Berhad (“MK Land” or the “Company”) and its subsidiaries (referred to collectively as the “Group”) believe in equal business opportunities that are free from bribe and corrupt practices.

Business undertaking without bribe and corrupt activities provide an effective an efficient condition that will enable the Group to carry out its operation in line with its corporate values – within cost, with quality and in timely manner.

The Group is committed to ensuring all business activities are professionally conducted in line with all applicable anti-bribery and corruption laws and regulations. The Group requires our directors, employees and business associates to share this conviction.

2. APPLICATION AND COMPLIANCE

Bribery is the act of giving, agreeing to give, promising or offering of any gratification to influence another person’s conduct. Bribery in business and for business is corruption, which is both unethical and illegal.

The Malaysian Anti-Corruption Commision Act 2009 (“MACC Act) defines an offence as the act of bribery by an associated person of any commercial organization to help the commercial organization obtain or retain business or a business advantage. An associated person is a director, employee or any person who acts on behalf of the organization. Bribery and corruption may take the form of anything of value, such as money, goods, services, property, privilege, employment position or preferential treatment. The Group discourages employees and its business associates whether directly or indirectly to offer, give, receive or solicit any item of value, in the attempt to illicitly influence the decisions or actions of a person in a position of trust within an organization, either for the intended benefit of the Group or the persons involved in the transaction.

To ensure consistency, the Group activities are based on Standard Operating Procedures (SOPs), which emphasis on due diligence in a fair and transparent manner.

The Group shall communicate its conviction to existing and potential business associates in line with good governance and practices. The Group’s Anti-Bribery and Corruption Policy, Whistleblowing Policy, Code of Conduct and Ethics are made public on the Company’s website.

Non-compliance to this policy will be considered as major misconduct and the Personnel(s) involved will be subjected to disciplinary action, which may include dismissal. The offence may also be escalated to the relevant enforcement authorities.

3. GRATIFICATION AND CONFLICTS OF INTEREST

Conflicts of interest for our directors or employees arise when they have a separate relationship that competes with their relationship and interests for the Group. These relationships include family relations between one another and with business associates.

The receipt of undue gratification by a director or an employee, from any other party outside the Group, may also place them in a position of conflicts of interest. Gratification include and are not limited to gifts, hospitality, financial gains, office positions, services and protection. Gifts include and are not limited to direct monies, festive money packets, jewellery and entertainment and hospitality.

The Group, our directors and employees and anyone who acts on our behalf, shall not give, agree to give, promise, offer or accept any gratification, directly or indirectly, amongst ourselves or between ourselves and any party, to cause or appear to cause conflicts of interest.

4. GIFTS, ENTERTAINMENT AND HOSPITALITY

We recognize that the offering, receiving or exchanging of gifts, entertainment and hospitality are social customs and even business etiquette. The intention behind gifts, entertainment and hospitality is often courtesy, simple gratitude or kind assistance. Before offering, accepting or exchanging gifts entertainment and hospitality, we shall consider the Group’s and our own positions, and not cause or appear to cause any appearance of unethical conduct.

The Group may offer and receive gifts, entertainment and hospitality as long as they are legal, appropriate, commensurate in value, and given in a good faith and in a transparent manner. There must not be expectation or appearance of expectation to gain an improper advantage, reward or benefit to the Group or put us in a position of conflict of interest that will influence business decisions. Employees must comply with all applicable laws, rules and regulations in the giving and receiving of gifts, entertainment and hospitality.

5. CORPORATE SOCIAL RESPONSIBILITY (CSR), SPONSORSHIPS AND CHARITABLE DONATIONS

The Group has a sustainable role to play in our communities and we accommodate requests for sponsorships and donations to charity. However, we are advised to take reasonable precautions, so as to receive comfort that our resources are reaching legitimate causes and those who are truly in need. We exercise further prudence when the organization, group or individuals is related to an associated person or a business associate.

The Group also encourages our directors and employees to be charitable and donate to the needy and the less privileged within each of our own capacities.

6. POLITICAL CONTRIBUTIONS

The Group considers political parties as a civil society groups which are relevant maintaining the dynamics of the nation. Such contributions shall not be perceived as an attempt to secure improper business advantage.
In hosting Government officials, care must be taken to ensure that the hospitality provided is reasonable and proportionate and does not generate a sense of obligation towards the Group.

Contributions towards Government Officials may only be made with endorsement by the top management. Contributions must be made to the official bank account of the party and a receipt retained. Provision of non-financial support such as venues, vehicles, sound equipment etc. at the company’s expense should not be used to influence political decisions and are to be recorded for future reference.

7. RECORD KEEPING

The Group acknowledge the importance of maintaining records in regards to payments (given or received) to and from third parties as controls measures used for the adequate procedures. These records provide the required evidence to prove that such monies or in kinds were given or accepted.

The records shall be periodically reviewed by the Group’s Internal Auditors.

8. TRAINING & COMMUNICATION

The Group emphasizes on the importance of clear understanding on the important of Anti-Bribery and Corruption Policy. The Group targets zero tolerance approach on bribery and corruption to be well communicated across the Board as well as to all business associates.

Awareness trainings followed by the refresher trainings on the subject matter shall be scheduled annually or on other periodic intervals.

9. RAISING A CONCERN AND REPORTING VIOLATIONS

Employees or business associates who encounter actual or suspected violations of this Policy are required to report their concerns. The procedures to report are provided in our Whistle Blower Policy that is available on our website: https://www.mkland.com.my/co_profile-govern.html

10. RESPONSIBILITY AND REVIEW OF THE POLICY

It is the responsibility of all employees, officers and directors of the company to prevent, detect and report any bribery and other forms of corruption.

The Board will monitor compliance with the Policy and shall review the Policy annually or when necessary to ensure that it continues to remain relevant and appropriate.