23 Oktober 2025

Directors' and auditors' compliance with Companies Act 2016 (CA 2016)

Why directors and auditors must comply with the Companies Act 2016 (CA 2016)

For directors

  • Legal compliance & fiduciary duty: Satisfies statutory duties of care, skill, diligence, and acting in the best interests of the company.

  • Personal liability protection: Reduces risk of civil/criminal liability, fines, and disqualification for breaches (e.g., improper dividends, late filings).

  • Financial reporting integrity: Ensures timely, true-and-fair financial statements, proper records, and required disclosures.

  • Sound governance & oversight: Strengthens internal controls, board processes, and accountability to shareholders.

  • Capital market access: Builds lender/investor confidence, lowering cost of capital and easing fundraising.

  • Continuity & solvency: Encourages prudent decisions (e.g., solvency tests, going-concern focus) that protect the company’s longevity.

  • Reputation & stakeholder trust: Avoids enforcement actions and reputational damage with regulators (SSM), customers, and partners.

For auditors

  • Statutory mandate: Fulfilling appointment, independence, and reporting obligations required by CA 2016.

  • Audit quality & credibility: Aligns with law and standards, producing a defensible opinion and limiting professional negligence exposure.

  • Independence & ethics: Preserves objectivity (e.g., limits on relationships/services), enhancing public-interest protection.

  • Proper reporting of non-compliance: Enables appropriate communication to those charged with governance (and where required, to authorities).

  • Professional standing: Sustains licence to practise and reputation with MIA/PIE stakeholders; avoids sanctions.

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